NOW Account fees	based on daily balance
$300.00 to $399.00	$1.00
$200.00 to $299.00	$2.00
$0 to $199.00	$3.00
Premium Checking fees
< $500.00	$5.00
Optimum Checking fees
<$5,000.00	$15.00

•Use at NON-MCU ATM	$1.00
•Card Replacement	$10.00
•ATM/Debit/Bill Payer Overdraft	$30.00
•Point of Sale (POS) transaction	$0.75
•Deposit of Empty Envelope	$20.00

•Annual Rental	$35 to $130
•Drilling of Box	$25+cost
•Lost Key	$16.00
•Late Fee	$10.00

•Abandoned Property	$50.00
•Tax/Levy Attachment	$30.00
•Copy of Check/Statement	$5.00
•Demand Statement (per page)	$1.00
•Overdraft Sweep	$5.00
•Coin Counting (members)	3.00%
•Coin Counting (non-members)	8.00%
•Research (per hour)	$25.00
•Wire Transfer
-Domestic	$20.00
-International	varied
-Incoming	$10.00
•Foreign Currency Exchange	$40.00
•Foreign Item Collection	varied
•Official Bank Check	$4.00
•Money Order	$3.00
•Temporary Checks	$1.00

Online Banking Terms and Conditions

This Business Online Banking Services Master Agreement (“Agreement”) contains the terms and conditions (referred to herein as these “Terms”) that apply to the business banking services that the member (referred to herein as “you”) may obtain from Millbury Federal Credit Union (referred to herein as “we”, “us” or “bank”).  This Agreement may be supplemented by completed enrollment forms that we accept from you and such accepted enrollment forms will be considered part of these Terms (enrollment forms may, for example, permit you to select from among various optional product features). This Agreement is to be read in conjunction with the Business Deposit Account Agreement which contains general terms governing your deposit accounts, as well as the Online Banking and Business Online Bill Pay Terms & Conditions which govern access to certain business services. In the event of a conflict between these Terms and the Business Deposit Account Agreement, whichever provision is more protective of us shall control. Your request or use of any of the business banking services covered by this Agreement constitutes your agreement to and acceptance of these Terms. Please read this Agreement carefully and keep it for your records.

DEFINITIONS

• Services: The business online banking services which include those available through this Agreement and other agreements noted herein.
• Electronic Communications: Communications which include, but are not limited to, the registered email address of you or your Personnel, messaging within the Service, SMS or other text messaging to the registered mobile device of you or your Personnel, messages provided on e-Statements, or other similar methods.
• Personnel: Those individuals (officers, directors, partners, employees, agents, representatives, and contractors, including persons granted signature authority on your accounts and personnel) who are permitted to give us instructions with respect to transactions processed here under.
• Secure Tokens: A security device that may be required for access and for Specific Services. The Secure Token will be provided as either a virtual token or physical token.  The cost of each token with be a onetime fee of $20.00.
• Effective Date: The Banking Day specified by the originator on which it intends a batch of entries to be settled.
• Specific Services: Those services as defined later in this Agreement.

GENERAL TERMS

Services That We Provide.

You may decide which of our Services you wish to receive. Some Services may require the completion of an application or enrollment form. All the Services listed below under “Specific Services” are covered by this Agreement. Applications, enrollments and requests are subject to our approval. Covered services that you have requested and we have approved are included in the term “Services.”

CONSENT TO ELECTRONIC DISCLOSURES, COMMUNICATIONS, AND TRANSACTIONS.

I consent to do business by electronic means concerning the Service and transactions conducted through the Service. Your consent includes, but is not limited to, receiving communications such as this agreement or other notices via Electronic Communication instead of in writing. Your continued use of the Service or continued use by your Personnel, constitutes acceptance of the communications. You are solely responsible for notifying Credit Union of any changes in electronic addresses for you or any of your Personnel. You shall notify the Credit Union of electronic address changes by contacting us at Millbury Federal Credit Union, Attn: Member Services Dept., 50 Main Street,  Millbury, MA 01527-0032, or [email protected], or 508-865-7600, or via any online portal that we may make available through the Service for purposes of updating your profile or of the profile of your Personnel.

You agree that we may communicate with you by any means that we deem reasonable, including notice in your account statement or notice electronically. We may monitor and record all communications (including electronic transmissions and telephone conversations) between us and you.

You represent and agree that you are able to view, print, and/or save a copy of Electronic Communications that are sent to you at any of the foregoing electronic addresses (including PDF attachments to emails). All disclosures and notices by us shall be deemed given and received by you immediately upon being sent to the electronic address currently in our records. Notices and disclosures may also appear on your account statements or within the Service. Unless specifically required by law, we are not obligated to provide any disclosure or notice to you by regular mail or by any means other than electronic transmission. You may, without charge, request a paper copy of an individual notice or disclosure by contacting the Member Services Dept., 50 Main Street, Millbury, MA 01527-0032, or [email protected], or 508-865-7600.

Electronic Communications To Us.

If you use Electronic Communications to contact us, it should only be used for general, non-urgent communications. We caution you against using Electronic Communications for transmitting sensitive or confidential information. You should not rely on Electronic Communications for time-sensitive notices. In any event, we will not take action based on an Electronic Communication request until we actually receive your message and have a reasonable opportunity to react.

Changes.

You acknowledge and agree that the Services (including access requirements, Service features and our Processing Schedule) and the systems we use to provide Services may change over time and that we may use Electronic Communications to notify you any Service changes or changes to this Agreement. If we believe such a change will have a material impact on you, we may give you thirty (30) days advance notice of the change, unless a shorter notice period is required to prevent loss to you or us or unless the change is based on a change in law. You will be deemed to have consented to the change by using the Services after the effective date stated in the notice. If you do not agree with a change, you may terminate this Agreement prior to the change taking effect or in accordance with the paragraph on “Termination of Services” below (and changes which have a material adverse effect on you will be considered to provide cause for termination).

Termination of Services.

You may terminate receiving some or all of the Services whenever you choose by contacting us at, Millbury Federal Credit Union, Attn: Member Services Dept., 50 Main Street, Millbury, MA 01527-0032, or [email protected], or 508-865-7600. We may terminate providing some or all of the Services whenever we choose. In this case, we shall notify you through Electronic Communications, in writing, or verbally at least thirty (30) days in advance, unless such termination is for cause. Cause will exist: (i) for either party, if the other party commits a material breach of these Terms and fails to cure the breach within ten (10) days after written notice; (ii) for either party, if a material adverse change occurs in the other party’s financial condition (including a bankruptcy, reorganization, or receivership proceeding); (iii) for us, if you no longer satisfy our underwriting or policy standards for the Services; (iv) for us, if you no longer have active accounts and/or have closed your relationships with us but did not notify us to close any Services; (v) for us, if you or your Personnel return a scanner provided by us and you are no longer using the service (via scanner or mobile device); (vi) for us, if you are no longer actively using the Service (generally defined as no consecutive use of the Service for a period of ninety (90) days); or (vii) for us, if your use of the Services creates a risk of loss to us (including a third party claim or a reputational injury resulting from the inappropriate use of our Services or your alleged violation of law).

Fees and Charges.

You agree to compensate us for Services rendered in accordance with our standard pricing schedules, as in effect from time to time. We shall endeavor to give you at least thirty (30) days’ notice prior to changing any of our fees, charges or assessments. Fee schedules are available at any branch office. Your use of the Service after receipt of such notice shall constitute your agreement to the changes in the applicable fees, charges or assessments. You agree that we may deduct our compensation from your account(s) with us. If you have made other payment arrangements with us, we will not make deductions from your account(s) unless those other arrangements fail to produce payments when required.

Reserve Amount.

You may be required to maintain a reserve amount in your account for purposes of offsetting any of your obligations under this Agreement. The required reserve amount will be determined by us in our sole discretion. If the reserve falls below the required amount, you agree to deposit sufficient funds immediately to replenish the reserve. Your obligation to maintain a reserve amount in your account shall survive the termination of this Agreement for a period of time to be determined by us in our reasonable discretion.

Our Standard of Care.

We have certain obligations to you under applicable law. In addition, we agree to use ordinary care in performing Services. That obligation shall be measured by the reasonableness of banking procedures established for the transaction involved and general banking usage in the local area served by us. Clerical error, inadvertence or oversight, or an honest mistake of judgment shall not constitute a failure to exercise ordinary care.

Our Liability.

We have certain obligations under the Uniform Commercial Code (“UCC”) to re-credit your account for the amount of any item charged thereto which was not properly payable. We also may have other liability to you imposed by statute which cannot be waived. Except for the liability referenced in the preceding two sentences, our liability for any loss or damage for any cause whatsoever (including liability arising out of this Agreement or our Services) shall be limited to liability for direct damages caused by our material breach of this Agreement. Our cumulative aggregate liability shall not under any circumstances exceed the total fees paid to us for the Services involved in the breach for the three (3) months preceding the breach. IN NO EVENT WILL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER WE WERE INFORMED OF THEIR POSSIBILITY. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL IN RESPECT OF THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. The preceding limitations of liability apply regardless of whether any limited remedy herein fails of its essential purpose. Services are not guaranteed to be free from error or interruption. Your remedies herein are exclusive and in lieu of all other remedies in law or equity.

Your Remedies.

You agree to notify us promptly if you believe we have failed to fulfill our obligations to you. If we are unable to resolve your complaint, you may terminate receipt of any Service in accordance with the paragraph on “Termination of Services” above. If you prefer not to terminate, you agree to give us written notice of our failure, in which case we shall be afforded a reasonable opportunity to cure.

Your Obligations.

You are responsible for obtaining and maintaining any hardware, software, communications, encryption capability and trained personnel needed to access or use the Services (these are referred to as the “Access Requirements”) and you understand that the Access Requirements may change over time. You are responsible for protecting your systems against viruses and other unwanted functionalities and you agree to take reasonable efforts not to introduce the same to our systems. You are solely responsible for selecting the Services you need, for the accuracy and adequacy of the data you provide, and for the results of using the Services in the operation of your business. You represent, warrant and covenant that you have all necessary rights, power and authority to: (i) provide us with any information that you submit in connection with the Services; and (ii) initiate the transactions that you submit in connection with the Services. You agree to use ordinary care in using our Services. You agree to review all account, analysis and other statements (paper and/or online) that we make available to you and you agree to do so within a reasonably prompt time after the statements are made available to you. If we provide you with statements relating to the Services that reflect debits to your account(s), your review should not be any later than thirty (30) days after the statement is mailed or otherwise made available to you. You agree to give us immediate telephonic notice, thereafter confirmed in writing, of any unauthorized, erroneous, or improperly executed transactions. Your failure to notify us of any unauthorized, erroneous, or improperly executed transactions within such thirty (30) day period shall relieve us of any liability of such error, omission, or discrepancy.

Banking Days and Processing Schedules/Cut-off Times.

A Banking Day is defined as Monday-Friday; excluding Federal bank holidays and any other day we are not actually open for business. Processing Schedules/Cut-off Times are described within each of the Specific Services described below.

Operating Procedures.

Per the Service(s) you select, you acknowledge that we have established Banking Days and Processing Schedules/Cut-off times. If we provide you with written or electronic instructions or operating procedures, input or transmission formats, incoming work specifications, eligibility of items, deadlines or cut-off times, or other limitations or requirements relating to use of the Service(s) (referred to herein as “Operating Procedures”), you agree to comply with those Operating Procedures and understand that we may reject or be unable to process incoming items, instructions or work that does not comply. We may change our Operating Procedures and will provide notice of those changes to you. If you continue to use the Service thereafter, you agree to comply with the changed procedures.

You agree to comply and to remain in compliance with all applicable federal, state and local laws, rules, regulations, ordinances and determinations of governmental authorities (referred to herein as “Requirements of Law”) including, but not limited to, the Gramm-Leach-Bliley Act, Electronic Fund Transfers Act, the Unlawful Internet Gambling Enforcement Act, the Bank Secrecy Act, the USA PATRIOT Act and all rules, regulations and obligations with respect to programs administered by the Office of Foreign Assets Control or the U.S. Department of Treasury’s Financial Crimes Enforcement Network. You agree not to (i) resell or otherwise make our Services available to others; or (ii) use our Services in a way that damages or violates the rights of any third party, that violates Requirements of Law, or that will subject us or our contractors to investigation, prosecution or legal action. To the extent that the Services we provide involve the use of clearing systems (such as the Federal Reserve System) or other networks or associations, including the National Automated Clearing House Association (such systems, networks and associations being referred to collectively herein as “Associations”), you agree that Services are provided subject to the rules, regulations and guidelines of the Associations, all of which you agree to comply. You understand and agree that we are not responsible for the acts or omissions of any Association (including, for example, an Association’s failure to satisfy a customary service level that affects our performance) or of any other member of any Association. Nothing in this Agreement shall be construed to diminish, restrict or otherwise reduce your obligations under relevant Association rules. Our rights and remedies under this Agreement are in addition to and not in lieu of our rights and remedies under Association rules. To the extent that our Services involve the processing of consumer payments, you agree to receive, respond to and resolve, at your own expense, all consumer complaints regarding those payments. You agree not to materially change your business or submit to us any transactions that are submitted in a way or for a product or service of yours that was not previously described to and expressly accepted by us. You are responsible for your own computer back-ups and contingency planning (including contingency planning for an unplanned interruption in our Services). If work to be processed by us is time sensitive, we recommend that you submit the work to us in advance of our final input deadline. This will minimize the possibility of delays resulting from unplanned occurrences.

Overdrafts.

We are not obligated to pay checks, drafts, transfers or other items on your account if there are not sufficient available funds in your account or if you do not make other satisfactory provisions approved in writing by us. In the event that we in our sole discretion pay any check, draft, transfer or other item when there are not sufficient funds in your account, you shall immediately reimburse us for any overdraft created thereby or we may, in our discretion, deduct the amount of the overdraft from any other account that you maintain with us. All checks, drafts, transfers or other items received for deposit under the Services are credited by us provisionally and are subject to final collection. Any returned or rejected items (including checks, drafts, transfers, electronic entries or other items) shall be charged as returns to your account. Our funds availability policy disclosure provided to you reflects our policies relating to the availability of deposited items.

Responsibility of Your Personnel.

You are responsible for all acts and omissions of your Personnel. We are entitled, without further inquiry or investigation, to assume that the actions of your Personnel are appropriate and authorized by you. You are strongly advised to establish and maintain policies and procedures and accounting and auditing controls that will prevent (or at least allow the early detection of) fraud or other unauthorized activity by your Personnel. As between you and us, you agree to accept sole responsibility for losses attributable to the acts or omissions of your Personnel.

Hardware and Software Requirements.

The Services selected require you to use computer and/or mobile hardware or software that meets certain technical requirements for the proper delivery of the Services. You and your Personnel may also incur additional related expenses for additional items, including, but not limited to, telephone service, internet service charges, and wireless carrier fees related to the use of the Services. You are responsible for any costs or expenses associated with meeting and maintaining technical requirements or additional items necessary to use the Service. We advise you to scan your computer or mobile device hardware and software on a regular basis using a reliable virus detection product in order to detect and remove viruses. WE MAKE NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU AS TO ANY COMPUTER OR MOBILE DEVICE HARDWARE, SOFTWARE, OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE (INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM OR RELATED EQUIPMENT, YOUR SOFTWARE OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT), OR AS TO THE SUITABILITY OR COMPATIBILITY OF OUR SOFTWARE, INTERNET DELIVERED SERVICE WILL PERFORM IN AN UNINTERRUPTED MANNER, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Access to Technology.

If we provide or permit you to access hardware, software, documentation, systems or other technology or intellectual property (“Technology”), you agree that we and/or our suppliers retain all intellectual property rights in the Technology. You further agree: (i) to read and comply with any license terms that are made available to you in connection with the Technology; (ii) to use the Technology solely for purposes of accessing or using our Services; (iii) to maintain the confidentiality of the Technology and not to copy, transfer or disclose the Technology; (iv) not to attempt to circumvent any use or access limitations contained in the Technology, not to access any system, file, software or service other than those specifically made available by us and not to translate, reverse engineer, disassemble or decompile any Technology; (v) to limit Technology access to those of your Personnel who have a need to have such access in connection with your receipt of Services from us; (vi) to use the Technology in accordance with its documentation and all relevant security policies and procedures; and (vii) to return any and all copies of the Technology to us on request. Technology is provided to you on an “AS IS” basis and for purposes of this Agreement will be considered part of the “Services.” You agree to be responsible for misuse of Technology by your Personnel or by third parties to whom your Personnel may disclose their User IDs and/or passwords. You agree to cooperate with us in the investigation of any apparent unauthorized use of or access to our Technology by any person using a User ID or password assigned to you or who otherwise appears to have accessed our Technology through your systems.

Service Availability.

While we make every attempt to ensure the Services are available for your use, the Service(s) may be unavailable temporarily due to system maintenance or technical difficulties, including but not limited to, those of the given Internet service provider, cellular service provider, or Service software.

Security Procedures.

You will use User IDs and passwords to use the Service; and in some cases, additional security processes (together “logon credentials”). You agree to keep, and to require your Personnel to keep, your logon credentials secret. You agree to prevent unauthorized access to your systems. You agree to notify us immediately if your logon credentials or those of your Personnel are lost or stolen, if you believe someone else has discovered your logon credentials or those of your Personnel, if you suspect there has been a breach of your computer system or if a device used for the Service is lost or stolen. You should change your logon credentials whenever any person with access to them transfers to a new assignment, leaves your employment, is no longer authorized to use the Services on your behalf, or if you believe that security of all User IDs or passwords have been compromised. Passwords should also be changed regularly. We are authorized to provide Services to, to release your account information to, and accept as authentic any instructions given to us by, any person who has entered a User ID and password assigned to you.

You agree to use one or more of the security procedures described herein or made available with the Service when using the Services. You have the responsibility for determining the level of security that you require and for evaluating the suitability of the security procedures that you have chosen. You agree that the security procedures will be commercially reasonable for your situation. You acknowledge that you have had an opportunity to propose your own unique security procedure and that you have freely selected the procedure indicated. Should you require using unique security measures, you agree that you are responsible for managing and maintaining the unique security, that you are responsible for all transactions related to use of the Service, and that a separate addendum may be required for use of the Service. The security procedure is intended to verify that a transaction has been authorized by you and is not intended to detect errors in the transmission or content. Any order or instruction issued in your name and accepted by us in compliance with the security procedure shall be effective as your order and instruction, and you agree to be bound by the same, whether or not authorized. It is your responsibility to review your accounts every Banking Day to identify any unauthorized, erroneous, or improperly executed transaction.

Your Responsibility for Security Breaches.

If a security breach occurs, unless our internal security is proved to have been breached, there shall be a presumption that your security has been breached. You are solely responsible for determining, on your behalf, who should be trusted with a User ID and password and for supervising their use thereof. You are responsible for all transactions initiated by your Personnel even though they engage in transactions that you have not authorized, regardless of the purpose thereof and regardless of whether your Personnel violates your rules.

Force Majeure.

Neither party is responsible for any failure or delay in performance caused by Act of God, strike, flood, fire, war, public enemy, any electrical, equipment or communications failure, third party act or omission, operation of any adverse governmental law, ruling, regulation, order or decree or any other event beyond its reasonable control.

Indemnity.

You agree to indemnify, defend and hold us harmless from and against any and all liabilities, claims, demands, losses, costs, fines, fees, damages and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any third party claim based on our provision of Services that you requested, including any responsibility that we have to others for handling or being associated with an instrument, transfer or other transaction for you; or (ii) your acts or omissions or breach of these Terms (including your warranties and representations); or (iii) us acting on your requests, instructions or processing submissions. In the event any checks, drafts, transfers or other items on your account are determined to bear an unauthorized signature, to have been altered or otherwise to be irregular, we may (even though not liable for such items) take action reasonably requested by you to enforce against prior parties (including prior collecting financial institutions, endorsers and other holders) whatever rights you or we have against such prior parties. If we take such action, you shall indemnify us for all liabilities, costs and expenses (including reasonable attorneys’ fees and legal expenses) incurred in connection therewith. We may or may not condition our taking of such action on your execution of a written indemnification undertaking, but you will in any event remain responsible under the preceding sentence. You are not required to indemnify us for our own willful or intentional misconduct.

Miscellaneous.

This Agreement: (a) constitutes the entire agreement with respect to the subject matter hereof, except as provided in the paragraph on “Changes” above; (b) shall be binding upon and inure to the benefit of the parties and their successors and assigns; (c) may not be assigned by either party without the other party’s written consent; and (d) shall be governed by and construed in accordance with the laws of the State of Massachusetts, excluding conflict of law principles.

This Agreement is solely for the benefit of you and us and may not be relied upon or enforced by any third party. No third party (including your Personnel and your members) is a third party beneficiary of this Agreement. Any litigation arising out of or related to these Terms or the Services shall be commenced and maintained solely and exclusively in a state or federal court sitting in the City of Worcester, Massachusetts. You irrevocably submit to the jurisdiction of any state or federal court sitting in the City of Worcester, Massachusetts in any action or proceeding arising out of or relating to these Terms or our Services and you irrevocably waive, to the fullest extent you may effectively do so, the defense of an inconvenient forum in the maintenance of such action or proceeding. If any provision of this Agreement shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other term hereof. If any term is held to be unreasonable in time, scope, or otherwise, it shall be construed by limiting it to the minimum extent so as to be enforceable.

We reserve the right to waive the enforcement of any of these Terms with respect to any transaction or series of transactions. Any such waiver will not affect our right to enforce any of our rights with respect to our other members, or to enforce any of our rights with respect to later transactions with you, and will not be sufficient to modify these Terms on a going forward basis. We are entitled to use such agents, contractors, service providers, networks and other third parties as we may deem appropriate in providing the Services.

You agree that we may contact any source necessary and may obtain credit reports in connection with starting, continuing and/or discontinuing Services. The delivery of an executed signature page by PDF is as effective as executing and delivering this Agreement.

You agree that we may maintain a copy of this Agreement and any and all other documentation related to the Services in electronic form and that we may destroy the originals.

You agree that a copy produced from such electronic form or by any other reliable means (for example, photocopy, image or facsimile) shall in all respects be considered equivalent to an original and you waive any objection to our use of such copies. As used in this Agreement, the term “including” means “including, but not limited to.”

You agree to submit annual financial statements and such other financial information as we may reasonably request from time to time and you agree that we may conduct audits and on-site inspections as we reasonably deem necessary to verify your compliance with these Terms or applicable Association rules.

SPECIFIC SERVICES

Please Note: None of these Services diminishes your responsibility to discover and report unauthorized signatures, endorsements or alterations of items, unauthorized transfers, and other discrepancies. Nor shall these Services be construed to increase our duties with respect to your accounts or the payment of items.

Stop Payments.

Stop payment instructions allow us to protect the account without further intervention by you and can be used to assist inquiring financial institutions that a stop payment is in effect for a particular check. We strongly recommend the use of stop payment orders when appropriate. Stop payment fees may be assessed as shown on our Schedule of Fees.

Limitations.

Nothing in this Agreement shall be construed as relieving you of your ordinary due diligence responsibilities regarding the examination of account statements and individual checks, including the alteration of check information. We shall not be liable for any loss arising from your failure to exercise such due diligence.

Remote Deposit Capture (RDC) /Merchant Capture

Statement of Services.

Remote Deposit Capture Services permit us to process, on your behalf, electronic images that you create from paper checks through a scanner (RDC) or the Millbury Federal Credit Union Mobile RDC App for deposit into one or more of your accounts.

Image Quality.

The image of the paper item transmitted through the Service must be a fully legible, clear image of the paper check sufficient to reproduce it as a substitute check, as determined in our sole discretion. You must transmit the image to us or to our third party processor, electronically using hardware and software that satisfies our specifications. We will either print a paper substitute check or image replacement document from the image that you have transmitted, or we may forward the electronic image to the appropriate Federal Reserve Bank or other entity for collection. As used in this Agreement, the terms “substitute check” or “image replacement document” mean a paper reproduction of an original check that you receive that contains an image of the front and back of the original check, bears an original MICR line, conforms to the paper stock, dimensions and other requirements as established from time-to-time by the Federal Reserve Board or any other regulatory agency, clearing house or association, and is suitable for automated processing in the same manner as the original check, with the required legend attached for a substitute check, all as required by the Check Clearing for the 21st Century Act (the “Check 21 Act”).

Eligible Items.

You agree to scan and deposit only checks that are allowed by this Agreement. Any of the following types of checks or other items shall be considered ineligible items and may be rejected by us:

• Checks payable to any person or entity other than the person or entity that owns the account that the check is being deposited into.
• Checks containing an alteration on the front of the check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by the owner of the account on which the check is drawn.
• Checks payable jointly, unless deposited into an account in the name of all payees.
• Checks previously converted to a substitute check, as defined in Reg. CC.
• Checks drawn on a financial institution located outside the United States.
• Checks that are remotely created checks, as defined in Reg. CC.
• Checks not payable in United States currency.
• Checks dated more than 6 months prior to the date of deposit.
• Checks or items prohibited by mobile deposit (including, by not limited to, savings bonds) or which are otherwise not acceptable under the terms of your Bank account.
• Checks or items prohibited or which are otherwise not acceptable under the terms of your Bank account.
• Checks payable on sight or payable through Drafts.
• Checks with any endorsement on the back other than that specified in this agreement.
• Checks that have been previously deposited through any channel (including, but not limited to, any financial institution branch or ATM), or that have been submitted through the Service or through any remote deposit capture service (including mobile deposit) offered at this or any other financial institution.
• Digitally scanned, photocopied or otherwise duplicated versions of checks.

Processing Schedule.

Deposited items received by us before 5:00 PM (ET) will be processed that Banking Day. Deposited items received by us after 5:00 PM (ET) will be processed the next Banking Day.

Applicable Rules. You agree to comply with all rules and operating guidelines of the Electronic Check Clearing House Organization, the Check 21 Act, Federal Reserve Regulation CC, and similar state laws and regulations, as applicable.

Deposit Limits.

We may limit the amount you may deposit through the Service. We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the RDC Service and/or Mobile RDC Service and to modify such limits from time to time, without prior notice to you. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to the terms of this Agreement, and we will not be obligated to allow such a deposit at other times. We reserve the right to reject a deposit at our sole discretion.

Your Responsibility.

When you submit the electronic image to us for processing using the Scanning Equipment or a mobile device, you will be deemed to be the warrantor of those warranties under the Check 21 Act, including the following: (1) all information and data submitted to us showing the front and back of the check accurately represents the information on the front and back of the original check as of the time the original check was received by you, and none of that information was altered or modified, except for the addition of any endorsement on your behalf that is necessary in order to properly collect the check; (2) you will permanently remove the original check from the forward collection process, you will retain the original check for at least thirty (30) days, you will have controls in place to properly safe-keep the original check in your possession, and you will properly destroy the original check after the 30 day period; (3) you will not, after an electronic image has been successfully transmitted to us, submit the original or another image of the check to us for processing, but this will not prevent you or us from resubmitting a check or electronic image for collection in the event the check was returned uncollected; and (4) all information, data and imaged files submitted to us are accurate and do not contain viruses. The express representations and warranties set forth above are in addition to the representations and warranties you make under the UCC and under our other account agreements with respect to any item you submit to us for deposit and collection. All images that do not meet ASC X9 standards are not allowed to be transmitted into the network. You agree that you will use this Service only for checks made payable to you and that you will not submit any third party checks through this Service. You agree that we may conduct periodic site inspections or other processes to review the location, use of security parameters related to the RDC services and devices. In addition, you will be liable for any loss we may incur if you deposit a check through the Service and subsequently deposit the original check.

Terms Specific to Use of Scanners for Remote Deposit Capture

Scanning Equipment.

When using Scanning Equipment, unless otherwise agreed to by us, you must use the hardware and software (the “Scanning Equipment”) that we provide to you. If we provide the Scanning Equipment to you, the Scanning Equipment shall be our property at all times, you shall have no ownership rights in the Scanning Equipment, and you must return the Scanning Equipment within 15 calendar days to us when you cease using this Service, when your use of the Service becomes Inactive, or when we terminate the service for cause. We may charge a fee for Scanning Equipment not returned to us within 15 calendar days as posted on our then current Business Banking Services Pricing Schedule. We may charge you a fee for the use of the Scanning Equipment provided by us if shown on our Business Services Pricing Schedule. You agree to rely exclusively on any warranties provided by the vendors of the Scanning Equipment with respect to the proper operation and performance of the Scanning Equipment. This is the case even if part of your fees for the Service includes a fee for use of the Scanning Equipment. You must ensure that the Scanning Equipment otherwise meets your requirements. You must properly maintain the Scanning Equipment, if provided by us, and your other hardware, software and communication facilities to ensure that the Scanning Equipment continues to perform satisfactorily. You are solely responsible for your contingency planning and computer back-up to ensure that you preserve an adequate record of the information you enter using the Scanning Equipment. We make no representation or warranty concerning the completeness, accuracy, operation or performance of the Scanning Equipment or communication facilities you use to receive the Service. You agree that we shall have no liability whatsoever in respect of any deficiency in, or the malfunction of, your Scanning Equipment or related software, equipment or communications facilities. Your sole recourse will be as provided in the warranties, if any, provided to you by the vendor of the Scanning Equipment. WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SCANNING EQUIPMENT, COMMUNICATIONS FACILITIES OR THE SERVICES, AND WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES IN RESPECT THEREOF, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT BY THE SCANNING EQUIPMENT OR THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Maintenance Assistance and Support.

We will assist you in obtaining technical support from the vendor of the Scanning Equipment that we provide to you and other information for the operation and use of the Scanning Equipment we provide to you. If you need assistance with the Scanning Equipment we provide to you, you should call us at 508-865-7600 first and thereafter we will call the vendor.   The cost of servicing the device will be your responsibility.

Inactivity.

In the event that you do not use this Service for a period of ninety (90) consecutive days, we have the right to terminate your use of the Service and you must return the Scanning Equipment to us as stated under Scanning Equipment.

Automated Clearing House (“ACH”)

Statement of Services.

ACH Services will consist of creating ACH files based on information you provide and sending and/or receiving ACH transactions on your behalf. You shall transmit credit and debit entries (and requests for cancellation or amendment thereof) to us based on the formatting and other requirements of the National Automated Clearing House Association (“NACHA”) rules (available at http://www.achrulesonline.org and defined below) and such additional policies and procedures (including restrictions on the types of ACH transactions that may be initiated) as may be provided by us from time to time. Unless otherwise defined herein, capitalized terms shall have the meanings provided in the NACHA Rules. The term “Entry” shall have the meaning provided in the NACHA Rules and shall also mean the data received from you hereunder from which we initiate each Entry. In the event you use a third party service provider to send Entries to us on your behalf, you will remain fully responsible for all your obligations and warranties to us under these Terms and for the compliance of your third party service provider with your obligations and warranties under these Terms. You are responsible for contractually obligating your third party service provider to the foregoing obligations, warranties and security procedures. We are not responsible in any manner for the acts or omissions of your third party service provider. We may debit and/or credit ACH Entries that you originate to your relevant accounts. We may send Entries to any ACH processor selected by us, to an affiliate financial institution or directly to another bank or credit union. You understand that the Services are limited by exposure limits that we establish for you from time to time. In addition, we may reject files and/or Entries if we deem necessary for failure to comply with these Terms, loss prevention or regulatory compliance purposes. If you request us to do so, we may, but are not obligated to, amend or cancel files or Entries after our initial receipt of your instructions. You shall deliver Entries to us prior to our daily cut-off time. Any Entry received by us after our daily cut-off time may be processed on the next Banking Day. In the event that we miss a deadline for submission of Entries, whether due to our delay or your delay, we shall not be liable to you for such delay, but shall use good faith efforts to meet the next succeeding ACH deadline.

Processing Schedule.

Credit Entries Delivery Method	Deadline	Day of Delivery
Transmission	4:00 p.m. Eastern Time	Although the ACH system will allow ACH transactions to be processed with one day or same day notice, best practice is to allow two (2) days between your file initiation and Effective dates to avoid processing delays due to unanticipated service interruptions. ACH files will not be processed on Federal or MA State Holidays or weekends or if the file is not funded prior to the effective date.

Wire Transfer Service

Statement of Services.

Wire Transfer Services (the “Service(s)”) are the capability to transfer funds from specific Deposit Account(s) to other accounts (the “Recipient Account(s)”) as directed by Member. The Recipient Account(s) may be Member accounts or domestic-only (U.S.- based) third-party accounts or international (non-U.S.-based) third-party accounts, and may be with Bank or with domestic third-party financial institutions. Member may use the Service to initiate one-time wire transfers or automated standing transfer orders (as described below) or to create templates for wire transfers made on a repetitive basis which involve the same Member Deposit Account and Recipient Account (“Repetitive Transfer(s)”). Member may also utilize Repetitive Transfers to initiate automated standing wire transfer orders, as further described below. All wire transfers must be initiated by Member and/or an Authorized User of Member.

Transfer Instructions and Transmission Methods.

Member may instruct Credit Union to transfer funds from any of their own designated Member Deposit Account(s) maintained at Credit Union.  For purposes of this agreement, such instruction (or “order”) shall be received from Member or an Authorized User and initiated by means of the Online Banking Service, unless Credit Union agrees otherwise in writing in its sole and exclusive discretion.

In order to transmit instructions via the Online Banking Service, Member must first agree to and transmit all instructions in accordance with all of the terms, conditions and security procedures applicable to the Service and set forth in Member’s Agreement, the Business Online Banking Service, and/or associated documents provided by Credit Union, as applicable, including any schedules associated therewith, as may be amended by Credit Union from time to time (collectively herein the “Security Procedures”).

Member’s authority to make the transfer and to issue other directions and instructions associated with the wire transfer shall be conclusively presumed if the Security Procedures associated with the applicable transmission method are followed.

Transactions Limits; Execution of Wire Transfers.

By submitting a wire transfer request, Member authorizes Credit Union to withdraw the amount of any requested wire transfer which Member may authorize and instruct, plus any applicable fees and charges, from Member’s designated Deposit Account. Subject to the terms of this Appendix, Credit Union will accept and execute a wire transfer received from Member that has been authenticated by Credit Union and is in conformity with the Security Procedures (as further described below), cut-off times, transaction limits and other requirements as described in this Appendix and any associated exhibits, set-up form(s) and other documentation. Credit Union will reject payment orders that would cause Member’s transactions to exceed the daily transaction limit or the daily exposure limit established by Credit Union for Member. The daily transaction limit and the daily exposure limit may be modified from time to time upon request of Member in accordance with Credit Union’s rules and policies. Any change to such limits shall be in Credit Union’s sole discretion.

Member shall, upon request by Credit Union from time to time, provide Credit Union with such financial information and statements and such other documentation as Credit Union reasonably determines to be necessary or appropriate regarding the financial condition of Member as Credit Union may reasonably request relative to Credit Union’s evaluation of its exposure or risk. Any transaction, exposure or similar limits established by Credit Union hereunder shall be made in Credit Union’s sole discretion and shall be communicated promptly to Member.

All wire transfers to accounts at other depository institutions are transmitted using the Fedwire funds transfer system owned and operated by the Federal Reserve Bank or via a similar wire transfer system used primarily for funds transfers between financial institutions, which may include a system provided by or through a Bank intermediary, correspondent or service provider.

Each wire transfer must include the following information in addition to any information which Bank may require for proper identification and security purposes: (i) Deposit Account number from which the funds are to be withdrawn, (ii) amount to be transferred, (iii) currency type, (iv) name and ABA routing number or SWIFT BIC of the beneficiary’s Bank, and (v) name, address and account number of the beneficiary. In the event a wire transfer describes an account number for the beneficiary that is in a name other than the designated beneficiary, Credit Union may execute the wire transfer to the account number so designated notwithstanding such inconsistency. Additional information may be necessary for international wire transfers, as further described below.

Templates created via the Business Online Banking Service or other instructions for Repetitive Transfers that are based on and reflective of information provided by Member are the sole and exclusive responsibility of Member. Member agrees to release and hold Credit Union harmless from any loss or liability (including reasonable attorney’s fees) which Member or Credit Union may incur after Credit Union has executed a Repetitive Transfer, including without limitation, any loss due to Member error in creating the Repetitive Transfer template or instruction.

Time of Execution – Domestic Wires.

Credit Union will execute each authenticated wire transfer that is in conformity with all Security Procedures, cut-off times and other requirements set forth herein, on the Business Day received or on the Business Day requested by Member if the wire transfer is future-dated. Credit Union may require additional authentication of any wire transfer request. Credit Union reserves the right to reject a wire transfer request that cannot be properly authenticated. Cut-off times may be established and changed by Credit Union from time to time. Instructions for wire transfers received after such cut-off times may be treated by Credit Union for all purposes as having been received on the following Business Day.

Except for future-dated outgoing wire transfers, domestic outgoing wire transfers (U.S.- based receivers) initiated and approved by the cut-off time set forth in Schedule A on a Business Day will be processed that same day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Outgoing domestic wire transfers initiated and approved after the cut-off time set forth in Schedule A will be processed the next Business Day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Future-dated domestic outgoing wire transfers will be initiated on the effective date requested by Member, provided that date is a Business Day, not on the date Member entered the transaction using the Service. Member may submit a future-dated domestic wire transfer up to such period of time in advance of the effective date requested by Member as the Service permits.

Credit Union may handle wire transfers received from Member in any order convenient to Credit Union, regardless of the order in which they are received. If more than one wire transfer request is made at or about the same time and the Available Funds in the applicable Account do not cover all of such orders or requests, Credit Union may at its option execute as many of such orders or requests as possible within the dollar limits of such Available Funds.

International / Foreign Wires. – Not offered through Business Online Banking Portal

International/foreign wire transfers (non-U.S. receivers) of U.S. currency and of foreign currency initiated and approved by the cut-off time set forth in Schedule A on a Business Day will be processed that same day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Wire transfers initiated and approved after the cut-off time set forth in Schedule A for international wire transfers will be processed the next Business Day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank. Industry standard delivery times of foreign wire transfers (in most, but not all cases, two (2) Business Days) may be subject to delays based on time-zone issues; the remote location of the recipient Bank; cultural differences with respect to holidays and times of observation, etc.; and incorrect or incomplete information being supplied by Member.

Member acknowledges that foreign currency wire transfers must be based on a currency that Credit Union trades and that all rates of exchange will be the rate in effect at the time of execution of the wire transfer order, or at any other rate as may be agreed to by the parties. If the financial institution designated to receive the funds does not pay the beneficiary specified in a wire transfer order that is payable in foreign currency and the funds are returned to Credit Union, Credit Union will not be liable for a sum in excess of the value of the funds after they have been converted from foreign currency to U.S. dollars at Credit Union’s buy rate for exchange at the time the cancellation of the wire transfer order is confirmed by Credit Union, less any charges and expenses incurred by Credit Union. If Member elects to initiate an international wire transfer in U.S. currency, Member acknowledges that the receiving Bank may elect to pay the beneficiary in foreign currency at an exchange rate determined by the receiving Bank. Member agrees to bear all risk of loss due to fluctuation in exchange rates, and Member shall pay Credit Union any costs and expenses of foreign currency conversion at Credit Union’s then-prevailing rates, terms and conditions. Member is advised that Credit Union’s prevailing exchange rates may be less favorable to Member than market exchange rates.

Credit Union shall send Member’s authorized and authenticated wire transfers to foreign Banks, through any Bank which is a member of Credit Union’s correspondent network. Neither Credit Union nor any of Credit Union’s correspondents shall be liable for any errors, delays or defaults in the transfer of any messages in connection with such a foreign wire transfer by any means of transmission.

Credit Union makes no guarantee or representation as to the availability of funds at the foreign destination Credit Union makes no express or implied warranty as to the time or date the wire transfer will arrive at the receiving Bank, the amount of any fees to be charged by the receiving Bank or the time or date the beneficiary will receive credit for funds.

Member understands and acknowledges that if the named beneficiary does not match the account at the receiving Bank, there is a risk the beneficiary may not receive the wired funds. If the transfer is not received or credited in a timely manner, Credit Union will follow normal and customary procedures to complete the wire transfer, determine the location of the wired funds and/or return the funds to Member. If Credit Union is unable to determine that the funds have been credited to the beneficiary’s account or have the funds returned, Member assumes all financial liability or risk of loss for the amount of the wire transfer.

International wire transfers are subject to any and all applicable regulations and restrictions of U.S. and foreign governments relating to foreign exchange transactions. Credit Union has no obligation to accept any international wire transfer(s) directed to or through persons, entities or countries restricted by government regulation or prior Bank experience with particular countries. To the extent not otherwise prohibited by law, in connection with any international wire transfer(s) involving a transfer to or from any country outside of the U.S., Member agrees to release and hold Credit Union harmless from any loss or liability which Member may incur after Credit Union has executed the international wire transfer(s), including without limitation, any loss due to failure of a foreign Bank or intermediary to deliver the funds to a beneficiary.

Repetitive Transfers.

A Repetitive Transfer is a template-based transfer order that Member intends to be made on a recurring, periodic basis to the same beneficiary and the same account at the same beneficiary Bank and for which only the date and dollar amount and any additional optional information vary.

Upon set-up of any Repetitive Transfer, Bank will transfer funds from Member’s Deposit Account(s) according to the schedule and parameters set forth by and/or for Member in the Online Banking Service or any associated exhibits.

For domestic and international Repetitive Transfers transmitted through the Online Banking Service, Repetitive Transfers must be authorized in accordance with the terms and conditions of the Online Banking Service and related service requirements. Member shall be responsible for the creation of all Repetitive Transfer templates. Credit Union shall not be liable for any error in Member’s set-up or creation of any template.

Modifications or deletions of Repetitive Transfers that were established via the Online Banking Service must be modified or deleted by Member via the Online Banking Service prior to Member’s desired effective date of the change or deletion and in accordance with the time limits set forth within the Online Banking Service.

Cancellation and Amendment of a Wire.

Member may request that Credit Union attempt to cancel or amend a wire transfer previously received from Member. If a cancellation or amendment request is received by Credit Union before the wire transfer is executed and with sufficient time to afford Credit Union an opportunity to act upon Member’s request, Credit Union may, on its own initiative but without obligation, make a good faith effort to act upon such request. In the event Member’s cancellation or amendment request is received after execution of Member’s wire transfer request, Credit Union will attempt to have the wire transfer returned. Notwithstanding the foregoing, Credit Union shall have no liability for the failure to affect a cancellation or amendment, and Credit Union makes no representation or warranty regarding Credit Union’s ability to amend or cancel a wire transfer. Member agrees to indemnify Credit Union against any loss, liability or expense (including reasonable attorney’s fees) which Credit Union incurs as a result of the request to cancel or amend a wire transfer and the actions Credit Union takes pursuant to such request.

Notice of Rejection or Return.

Credit Union shall have no liability for wire transfers sent by Credit Union as directed by Member which cannot be completed or which are returned due to incorrect information furnished by Member. Member is required to fully complete beneficiary name and address, as beneficiary Bank may elect to return an otherwise valid wire transfer for incomplete beneficiary information. Bank may reject or impose conditions that must be satisfied before it will accept Member’s instructions for any wire transfer, in its sole discretion, including, but not limited to, if there are insufficient Available Funds on deposit with Credit Union for the specified Deposit Account, if the transfer order that does not comply with the security procedures, if there is any inconsistency between a transfer order and information previously supplied to Credit Union, if Credit Union is unable to obtain confirmation of such transfer order satisfactory to Credit Union, if Credit Union believes that the wire transfer may not have in fact been authorized, or if Credit Union has other reasonable grounds not to honor the payment order. A wire transfer may also be rejected by an intermediary or beneficiary Bank other than Credit Union, or by operation of law. If a wire transfer is rejected, Credit Union will endeavor to notify Member promptly by telephone. Upon rejection or return, Credit Union shall have no further obligation to act upon a wire transfer, nor shall Credit Union have any liability to Member due to rejection by another person in the wire transfer process, or the fact that notice was not given or was not given at an earlier time, or within any specified time of receipt, acceptance, execution or payment of any wire transfer.

Security Procedures.

Member agrees that the Security Procedures used by Member and set forth or incorporated by reference in this Appendix and/or associated documents, including but not limited to Schedule B to this agreement, as well as the terms of and schedules to the Online Banking Service, are a commercially reasonable method of providing security against unauthorized wire transfers and for all other instructions from Member to Bank. Any wire request transmitted by Member shall be deemed authorized if transmitted in accordance with the Security Procedures. Member also agrees that any election Member may make to change or refuse the Security Procedures is at Member’s risk and that any loss resulting in whole or in part from such change or refusal will be Member’s responsibility.

Member is strictly responsible for establishing and maintaining its own appropriate and commercially reasonable security procedures to safeguard against the unauthorized transmission of wire transfers to Credit Union. Member shall prevent and safeguard against unauthorized transmissions, disclosures and access to security-related items, including information associated with the transmittal of wire transfers, such as security procedures, instructions, passwords and user identifications, and systems and equipment that interface with, connect to or allow access to Credit Union, its information, systems and equipment (hereinafter referred to collectively as “Security-Related Items”). Member shall establish, maintain and enforce its own commercially reasonable security practices, techniques and procedures with respect to access to, storage and maintenance of Security-Related Items to safeguard against unauthorized transmissions and unauthorized access to Security-Related Items. Such practices, techniques and procedures shall be no less than the security-related requirements described in this Appendix or otherwise applicable to the Service.

Member acknowledges that Credit Union strongly recommends “dual control” as an additional layer of security to the wire transfer feature of the Service. With this additional security feature, one Authorized User is permitted to create, edit, cancel, delete and restore wire transfer requests with his/her User ID, password and Access Devices; a second different Authorized User with his/her User ID, password and Access Devices is required to approve, release or delete wire transfer requests.

Member warrants that no individual will be allowed to initiate transfers without proper supervision and safeguards, and agrees to take reasonable steps to maintain the confidentiality of the security procedures and any passwords, codes, security devices and related instructions provided by Credit Union in connection with the Security Procedures applicable to the Service and to restrict access thereto to Member’s employees trusted with the duty to transmit wire transfer orders to Credit Union.  If Member suspects, knows, believes or has reason to believe that any such information or instructions have been known or otherwise accessed by unauthorized persons, Member agrees to immediately notify Credit Union by phone, followed by written confirmation. The occurrence of unauthorized access shall not affect any transfers made in good faith by Credit Union prior to receipt of such notice and within a reasonable time period after notice is received to allow sufficient time for Credit Union to respond to such notice.

Credit Union may, from time to time, propose modified, additional or enhanced Security Procedures to Member for use with the Service. Member understands and agrees that if it declines to use any such modified, additional or enhanced Security Procedures, it will be liable for any losses that would have been prevented by such Security Procedures. Notwithstanding anything else contained in this agreement, if Credit Union believes immediate action is required for the security of Credit Union or Member funds, Credit Union may initiate modified, additional or additional Security Procedures immediately and provide prompt subsequent notice thereof to Member.

Member hereby acknowledges that the Security Procedures are neither designed nor intended to detect errors in the content or verify the contents of a wire transfer by Member. Accordingly, any errors contained in wire transfers from Member shall be Member’s responsibility, and Member shall be obligated to pay or repay (as the case may be) the amount of any such wire transfer. No Security Procedures for the detection of any such Member error have been agreed upon between Credit Union and Member. IF MEMBER ELECTS TO WAIVE THE USE OF DUAL CONTROL AND/OR OTHER ADDITIONAL, RECOMMENDED SECURITY PROCEDURES, MEMBER AGREES THAT SUCH WAIVER OR REJECTION IS AT MEMBER’S SOLE RISK, AND MEMBER SHALL BE RESPONSIBLE FOR ANY LOSS RESULTING IN WHOLE OR IN PART FROM SUCH WAIVER OR REJECTION. MEMBER FURTHER AGREES: (i) THAT CREDIT UNION HAS OFFERED A COMMERCIALLY REASONABLE MEANS OF SECURITY AS DESCRIBED IN THE ADDITIONAL SECURITY PROCEDURE(S) THAT MEMBER HAS WAIVED OR REJECTED THE USE OF; AND (ii) THAT TRANSFER ORDERS TRANSMITTED BY MEMBER BY WAIVING OR REJECTING THE SECURITY PROCEDURE(S) SHALL BE TREATED AS AUTHORIZED.

Compliance with Security Procedures.

If a wire transfer (or a request for cancellation or amendment of a wire transfer) received by Credit Union was sent in accordance with the Security Procedures applicable to the Service and thereby purports to have been transmitted or authorized by Member, it shall be deemed effective as Member’s wire transfer (or request), even if the wire transfer (or request) was not authorized by Member. If Credit Union accepted the wire transfer (a) in compliance with the Security Procedures with respect to such wire transfer, (b) in compliance with any written agreement or instruction of Member restricting acceptance of wire transfer issued in Member’s name, and (c) in good faith, then Member shall be obligated to pay Credit Union the amount of such wire transfer.

If a wire transfer (or a request for cancellation or amendment of a wire transfer) received by Credit Union was actually sent or authorized by Member, Member shall pay Credit Union the amount of any such wire transfer, whether or not Credit Union complied with the Security Procedures applicable to the Service and whether or not that wire transfer was erroneous in any respect or that any such error would have been detected if Credit Union had complied with the Security Procedures.

Accuracy; Inconsistency of Receiving Beneficiary Name and Account Number.

In submitting any wire request or related instructions, Member shall be responsible for providing all necessary information required by Credit Union. Credit Union’s Service is only designed to respond to information provided by Member. Accordingly, any inaccuracy in any information provided by Member may result in an unintended transfer of funds. Credit Union bears no responsibility and shall not be liable to Member for any information provided by Member in a wire request or related instructions that is inaccurate, incomplete or otherwise incorrect. Member acknowledges and agrees that, in accordance with Article 4A of the UCC, Credit Union shall be entitled to rely upon the numbers supplied by Member to identify Banks, beneficiaries and other parties to the wire transfer, even if those numbers disagree or are inconsistent with the names of those parties as provided by Member. Credit Union and any other receiving financial institution shall have no obligation to determine whether a name and number identify the same person or institution. Member acknowledges that payment of a wire request or related instructions may be made by the beneficiary’s Bank on the basis of an identifying or Bank account number even if it identifies a person different from the named beneficiary.

Payment; Authorization to Charge Account.

Member will compensate Credit Union for the Service as applicable and as provided in Credit Union’s Fee Schedule. In connection with each wire transfer, Member shall also pay Credit Union’s online wire transfer fee in effect at the time of such transfer if applicable. Credit Union shall be authorized to deduct its fees hereunder from any Deposit Account of Member.

Member agrees to pay Credit Union the amount of each transfer order received from Member on the Business Day that Credit Union executes said order or at such other time as Credit Union may determine. Credit Union may, without prior notice or demand, obtain payment of such amount by debiting the Account designated or, in the event there are not sufficient Available Funds in the Deposit Account, debiting any other Deposit Account Member maintains with Credit Union, in Credit Union’s sole and exclusive discretion. Member agrees to at all times maintain a balance of Available Funds in Member’s designated Deposit Account sufficient to cover payment of Member’s obligations under this agreement. Credit Union is not obligated to execute and may reject, without notice to Member, any transfer order which exceeds the amount of Available Funds on deposit with Credit Union for the specified Deposit Account or any transfer order that does not comply with the Security Procedures as such may be modified from time to time. The aforementioned notwithstanding, Credit Union may, at Credit Union’s discretion and with the approval of one of Member’s officers with the appropriate borrowing authority, execute a transfer which fails to meet Available Funds requirements. If Credit Union does so, Member agrees to repay Credit Union on demand the amount of any resulting overdraft in Member’s Deposit Account, as well as the overdraft fees specified in Member’s Deposit Account Agreement and/or applicable Fee Schedule.

Advices and Statements.

All wire transfers accepted by Credit Union (including wire transfers sent or received on behalf of Member) will be reflected on Member’s Online Banking Service daily history and on Member’s periodic Deposit Account statement issued by Credit Union with respect to the Deposit Account(s) to or from which Member’s wire transfer was made. Member agrees to check the daily history of the Deposit Account(s) on the day after the processing date and to notify Credit Union immediately of any discrepancies between Member’s records and the daily history. Member also agrees to notify Credit Union of any discrepancy between Member’s records and the information shown on the periodic statement for the Account(s). If Member fails to notify Credit Union of any such discrepancy as required by this paragraph, Member agrees that Credit Union’s liability for any Member losses with respect to an Entry shown on the daily history or periodic statement shall be limited as set forth in the parties’ Agreement.

Refunds.

If the beneficiary’s Bank does not pay the beneficiary specified in the wire transfer order, a refund will be made only after Credit Union has received confirmation of the effective cancellation of the wire transfer order and Credit Union is in free possession of the funds debited or earmarked in connection with the wire transfer order. Any refund will be made for either (i) the face amount of the wire transfer (less Credit Union’s fee and expenses and expenses of Credit Union’s correspondents, agents or sub-agents) or (ii) the amount actually received by Credit Union in settlement of the liability to Credit Union of our correspondent, agents or subagents, or foreign postal services, whichever is lower. As a condition of making refund, however, Credit Union shall have the option, for a wire transfer composed or partially composed of foreign currency, to make refund (i) in that foreign currency, or (ii) in U.S. Dollars at Credit Union’s buying rate on the date of refund to Member. When the funds for payment of the wire transfer have been remitted abroad and have not been returned or otherwise made available to Credit Union, Credit Union shall not be obligated to make any refund on account of the wire transfer. Credit Union shall not be liable for a sum greater than the amount paid for the wire transfer, exclusive of commission, cable-charges, and other expenses.

Use of Correspondent Accounts.

A wire transfer may be executed through anyone, or a series of, correspondent Banks of the beneficiary’s Bank and of Bank in a manner deemed most appropriate and effective by Bank or by any other Bank participating in the wire transfer.

Bank Reliance; Authentication.

Credit Union shall be entitled to rely in good faith on communications it receives as being given or sent by an Authorized User and as being genuine and correct. Credit Union shall not be liable to Member for the consequences of such reliance.

CREDIT UNION MAY TAKE SUCH ADDITIONAL STEPS AND IMPLEMENT SUCH PROCEDURES AS IT MAY DEEM APPROPRIATE TO VERIFY THE AUTHENTICITY OF ANY WIRE TRANSFER. CREDIT UNION MAY DELAY THE EXECUTION OF ANY WIRE TRANSFER PENDING COMPLETION OF A CALL-BACK OR RECEIPT OF ANOTHER FORM OF VERIFICATION WHICH IS SATISFACTORY TO CREDIT UNION. IF CREDIT UNION IS UNABLE TO OBTAIN SATISFACTORY VERIFICATION, CREDIT UNION, IN ITS SOLE DISCRETION, MAY REFUSE TO EXECUTE ANY WIRE TRANSFER. In no event shall Credit Union be liable for any delay in executing a wire transfer or for failure to execute a wire transfer due to the absence of satisfactory verification.

Credit Union may electronically record any telephone conversations between Credit Union personnel and Member.

Wire transfer transactions are subject to all the foregoing and all regulations governing electronic transactions, including but not limited to Article 4A of the UCC.

Credit Union Responsibilities.

In the performance of the Service addressed by this agreement, Credit Union shall be entitled to rely solely on the information, representations, and warranties provided by Member pursuant to this agreement, and shall not be responsible for the accuracy or completeness thereof. Credit Union shall be responsible only for performing the Service as expressly provided for in this agreement. Credit Union shall not be responsible for Member’s acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or authorization of any instruction or transaction received from Member or through Member’s Access Devices, as defined in the Agreement) or those of any other person, including without limitation any Federal Reserve Bank or transmission or communications facility, and no such person shall be deemed Credit Union’s agent. Member agrees to indemnify and defend Credit Union against any loss, liability or expense (including reasonable attorney’s fees and expenses) resulting from or arising out of any claim of any person that Credit Union is responsible for any act or omission of Member or any other person described in this section.

Member acknowledges and agrees that Credit Union’s provision of the Service hereunder may be interrupted from time to time. Without limiting the generality of the foregoing, Credit Union shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment or software error or malfunction, war, acts of terrorism, emergency conditions or other circumstances beyond Credit Union’s reasonable control. From time to time Credit Union may need to temporarily suspend the Service or the processing of a transaction for greater scrutiny or verification, including, but not limited to, suspending processing to review for suspected fraudulent activity, verification that Available Funds are sufficient as well as fully collected and valid, or for OFAC compliance in accordance with applicable OFAC guidance, and Credit Union shall be excused if this action causes delay in the settlement and/or availability of the transaction. In addition, Credit Union shall be excused from failing to transmit or delay in transmitting a payment, transfer or other use of the Service (i) if, in Credit Union’s reasonable judgment, processing a payment, transfer or other use of the Service would violate or contribute to the violation of any present or future risk control program of the Federal Reserve or any applicable rule, law, regulation, or regulatory requirement; (ii) if Bank reasonably suspects that a transaction involves fraudulent activity or that Available Funds will not ultimately be sufficient to cover a transaction, or (iii) if processing a payment, transfer or other use of the Service, in Credit Union’s sole discretion, would cause Credit Union to engage in an unsafe or unsound practice.

Cooperation in Loss Recovery Efforts.

In the event of any damages for which Credit Union or Member may be liable to each other or to a third party pursuant to the Service provided under this agreement, Credit Union and Member shall undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against a third party.

Data Breaches.

Member agrees to comply with the requirements of Compliance with Security Agreements section of the Agreement with respect to Data Breaches.

Compliance.

Member shall comply with all applicable laws, rules and regulations in connection with the Service. Member agrees to be bound by such rules, and agrees not to initiate or receive a wire transfer request or related instruction in violation of international, federal, state and local laws and regulations including, without limitation, the regulations promulgated by the Office of Foreign Asset Control (“OFAC”). To the extent permissible under applicable law, Member shall be responsible for and shall fully indemnify Bank for any and all fines, assessments and reasonable attorney’s fees incurred by or imposed on Bank as a result of any infraction or violation of such rules caused by or attributable to Member.

Termination.

The parties may terminate this agreement in accordance with the terms and conditions of the parties’ Agreement. The agreement will automatically and immediately terminate if any Deposit Account upon which the Service is dependent is terminated. Any termination of this agreement shall not affect any of Credit Union’s rights and Member’s obligations with respect to wire requests or related instructions initiated by Member prior to the effective time of such termination, or the payment obligations of Member with respect to services performed hereunder by Credit Union prior to the effective time of such termination, or any other obligations that survive termination of this agreement.

Governing Law.

In addition to the terms and conditions of the parties’ Agreement, the parties agree that if any payment order governed by this Wire Transfer Service section is part of a funds transfer subject to the federal Electronic Funds Transfer Act, then all actions and disputes as between Member, or any Third-Party Service Provider (as defined in the Agreement) acting on Member’s behalf, and Credit Union shall be governed by Article 4A of the UCC, as varied by this agreement.

Effectiveness.

Member agrees to all the terms and conditions of this agreement. The liability of Credit Union under this agreement shall in all cases be subject to the provisions of the Agreement, including, without limitation, any provisions thereof that exclude or limit warranties made by, damages payable by or remedies available from Credit Union. This Wire Transfer Service section replaces and supersedes all prior agreements on file with respect to the services described herein and shall remain in full force and effect until termination or such time as a different or amended Appendix is accepted in writing by Credit Union or the Agreement is terminated.

SCHEDULE A: PROCESSING SPECIFICATIONS

Delivery Deadlines / Cut-Off Times:

1. Domestic Wire Transfers initiated and approved by 3:00 p.m. ET on a Business Day will be processed that same day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank; transfers initiated and approved after 3:00 p.m. ET will be processed the next Business Day if that day is also a Business Day for Credit Union’s correspondent facility and the recipient Bank.
2. International Wire Transfers of foreign currency or U.S. currency initiated and approved by 2:00 p.m. ET on a Business Day will be processed within the industry standard delivery time (in most, but not all cases, two (2) Business Days). Foreign transfers may be subject to delays based on time-zone issues; the remote location of the recipient Bank; cultural differences with respect to holidays and times of observation, etc.; and incorrect information being supplied by Member.

SCHEDULE B: ADDITIONAL SECURITY PROCEDURES

In addition to the Security Procedures applicable to the Online Banking Service, Millbury Federal Credit Union utilizes additional Security Procedures for its wire transfer Members. Call-Back Procedures: Credit Union may require a call-back procedure for all wire transfer requests regardless of amount. Member must provide the necessary information below to designate those individuals who are authorized to receive and provide verification of all such wire transfer request via this call-back procedure. Personal Identification Number (PIN): Credit Union may also require the use of a PIN or security question by each individual authorized to provide verification of all such wire transfer requests via the call-back procedure. The PIN or question will serve as an additional means to authenticate the identity of the authorized individual(s) during all telephone interactions involving Account/transaction specific details. Credit Union may distribute a unique PIN to each authorized individual designated below via secure email.

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*Emails are not inherently secure. Please refrain from including personal or confidential information when initiating an email to Millbury Federal Credit Union.

Disclosure of Information to Third Parties/Privacy Policy.

A copy of Millbury Federal Credit Union’s Privacy Statement is available upon request at any of our branches, on our website www.millburycu.com or can be mailed to you upon request by calling Millbury Federal Credit Union at 508-865-7600, or writing a letter and sending it to:

Millbury Federal Credit Union
Attention: Member Service
50 Main Street
Millbury, MA 01527-0032

Other Agreements.

In addition to this Agreement, you and Millbury Federal Credit Union agree to be bound by and comply with the requirements of the agreements applicable to each of your Online Accounts. Your use of the Online Banking service or the Online Bill Payment Service is your acknowledgment that you have received these agreements and intend to be bound by them. You should review other disclosures received by you when you open your accounts at Millbury Federal Credit Union, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule at the end of this Agreement. We will automatically deduct any fees related to this Service from your Bill Pay Account each month. All terms and conditions of the disclosures provided to you at account opening, including but not limited to, the Truth in Savings, Regulation E Disclosure, Depositor’s Agreement and Terms and Conditions apply to this Service.

Governing Law.

This Agreement is governed by the laws of the State of Massachusetts and applicable federal law(s).

Privacy Notice

MCU Anytime, Anywhere Privacy Policy

Last Updated: May 1, 2022

MCU Anytime, Anywhere (the “App”) – powered by Fiserv – helps you control your debit cards through your mobile device, making it easy to manage your finances on the go.

The App allows you to:

• get real-time balances for your accounts
• manage your money
• view your transactions
• make transfers
• pay your bills and manage billers
• deposit a check
• receive an alert
• manage cards

This Privacy Policy, in combination with other relevant privacy notices that we provide to you (e.g., pursuant to financial privacy laws), inform you of the policies and practices regarding the collection, use and disclosure of any personal information that we and our service providers collect from or about users in connection with the App’s website and mobile application (the “Services”).

THE TYPES OF INFORMATION WE COLLECT IN THE APP

Through your use of the Services, we may collect personal information from you in the following ways:

• Personal Information You Provide to Us.
• We may collect personal information from you, such as your first and last name, address, email, telephone number, and social security number when you create an account.
• We will collect the financial and transaction information necessary to provide you with the Services, including account numbers, payment card expiration date, payment card identification, verification numbers, and transaction and payment history.
• If you provide feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
• We also collect other types of personal information that you provide voluntarily, such as any information requested by us if you contact us via email regarding support for the Services.
• Personal Information Collected from Third Parties. We may collect certain information from identity verification services and consumer reporting agencies, including credit bureaus, in order to provide some of our Services.
• Personal information Collected Via Technology. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications, and other online services, such as:
• Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
• Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, and helping us understand user activity and patterns.
• Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
• Location information. If you have enabled location services on your phone and agree to the collection of your location when prompted by the Services, we will collect location data when you use the Services even when the app is closed or not in use; for example, to provide our fraud detection services.  If you do not want us to collect this information, you may decline the collection of your location when prompted or adjust the location services settings on your device.

HOW WE USE YOUR INFORMATION COLLECTED IN THE APP

• General Use. In general, we use your personal information collected through your use of the Services to respond to your requests as submitted through the Services, to provide you the Services you request, and to help serve you better. We use your personal information, in connection with the App, in the following ways:
• facilitate the creation of, and secure and maintain your account
• identify you as a legitimate user in our system
• provide improved administration of the Services
• provide the Services you request
• improve the quality of experience when you interact with the Services
• send you administrative email notifications, such as security or support and maintenance advisories; and send surveys, offers, and other promotional materials related to the Services.
• Compliance and protection. We may use your personal information to:
• comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities
• protect our, our or others’ rights, privacy, safety, or property (including by making and defending legal claims)
• audit our internal processes for compliance with legal and contractual requirements and internal policies
• enforce the terms and conditions that govern the Service; and
• prevent, identify, investigate/deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
• Creation of Non-Identifiable Data. The App may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you.  We may use this information in a form that does not personally identify you to analyze request patterns and usage patterns to enhance our products and services.  We reserve the right to use and disclose non-identifiable information to third parties in our discretion.

DISCLOSURE OF YOUR PERSONAL INFORMATION

We disclose your personal information collected through your use of the Services as described below.

• In Accordance with Our Other Privacy Notices. Other than as described in the Privacy Policy in connection with the App, this Privacy Policy does not apply to the processing of our information by us of third parties with whom we share information.
• Third Party Service Providers. We may share your personal information with third party or affiliated service providers that perform services for or on behalf of us in providing the App, for the purposes described in the Privacy Policy, including: to provide you with the Services; to the purposes described in this Privacy Policy, including; to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to the App.
• Authorities and Others. Regardless of any choices you make regarding your personal information.  The App may disclose your personal information to law enforcement, government authorities, and private parties, for the compliance and protection services described above.

LINKS TO OTHER SITES

The App may contain links to third party websites.  When you click on a link to any other website or location, you will leave the App and go to another site and another entity may collect personal and/or anonymous information from you.  The App’s provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents.  We have no control over, do not review, and cannot be responsible for, these outside websites.  We encourage you to read the privacy policy of every website you visit.

YOUR CHOICES REGARDING YOUR INFORMATION

You have several choices regarding use of information on the Services.

• How We Respond to Do Not Track Signals. Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communicates.  There is currently no standard that governs what, if anything, websites should do when they receive these signals.  We currently do not act in response to these signals.  If and when a standard is established, we may revise its policy on responding to these signals.
• Access, Update, or Correct Your Information. You can access, update, or correct your information by changing preferences in your account.  For additional requests, please contact us.
• Opting Out of Email or SMS Communications. If you have signed-up to receive our email marketing communications, you can opt out of receiving marketing communications by contacting us at the contact information under “Contact Us” below.  If you provide your phone number, through the Services, we may send you notifications by SMS, such as provide a fraud alert.  You may opt out of SMS communications by unlinking your mobile phone number through the Services.
• Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.  Please note, however, that if you withdraw consent to our collection of location information, you may no longer be able to use some of the features of the App.

SAFEGUARDS AND RETENTION

We implement reasonable administrative, technical, and physical measures in an effort to safeguard the information in our custody and control against theft, loss and unauthorized access, use, modification, and disclosure.  Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information.

A NOTE ABOUT CHILDREN

The Services are not directed towards individuals under the age of 18, and we do not, through the App, intentionally gather personal information about visitors who are under the age of 18.  If a child under 18 submits personal information to us through the App and we learn that the personal information is the information of a child under 18, we will attempt to delete the information as soon as possible.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision.  We will notify you of any material changes in its collection, use, or disclosure of your personal information by posting a notice on the Services.  Any material changes to this Privacy Policy will be effective thirty (30) calendar days following notice of the changes on the Services.  If you object to any such changes, you must notify us prior to the effective date of such changes that you wish to deactivate your account.  Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes.

CONTACT US

If you have any questions or complaints about this Privacy Policy or The App’s data collection or processing practices, or if you want to report any security violations to The App, please contact The App by email at: [email protected]  : or by mail at:

Millbury Federal Credit Union

Electronic Banking Department

50 Main Street

Millbury, MA  01527