A2A (External Accounts) Transfers Terms and Conditions

Consent

This Agreement covers all funds transfers using the Delta Community CU’s (the “Credit Union”) Account 2 Account (“A2A”) service. To enroll in the A2A service, I understand that I must consent to receive notices and information about A2A electronically. I also must have the ability to receive and retain electronic communications before I accept the terms of this user agreement for A2A (the “Agreement”). The Agreement sets forth the terms and conditions under which I may request a funds transfer to or from my account at another financial institution. These terms and conditions affect my rights and I know that I should read them carefully.

By clicking the “I Agree” button below, I consent to receive information electronically and agree to the terms and conditions set forth in the Agreement.

Definitions

The following defined terms are used in this Agreement:

“ACH Network” means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.

“Account 2 Account or A2A” service means the service that is eligible to be used within homebanking service to transfer funds to and from my accounts at other financial institutions.

“Business Day” means every day that is not a Saturday, Sunday, Federal Reserve Banking System or Credit Union holiday.

“Credit Union” refers to Delta Community CU.

“Entry” is the transfer instruction that I initiate through the A2A service to request the Credit Union to originate a funds transfers from or to a Registered Account to or from an eligible Credit Union account on my behalf.

“I”, “me” and “my” refer to the Credit Union member who agrees below to the terms and conditions of this Agreement.

“NACHA” means the National Automated Clearinghouse Association.

“NACHA Rules” means the operating rules of NACHA.

“Registered Account” means Third Party Account that I have successfully enrolled in the A2A service.

“Third Party Account” means an account owned by you at another financial institution located in the United States.

Scope of Account 2 Account Service

The A2A service enables me to request a transfer of funds through the homebanking transfer section of the Credit Union’s member web site. All requests must be made and are subject to the terms of my homebanking Agreement, my applicable account agreements, this Agreement, and all other agreements with the Credit Union, each as in effect from time to time, the NACHA Rules and applicable laws and regulations.

Password and Security

I agree that I am strictly responsible for establishing and maintaining procedures to safeguard against unauthorized Entries using my password, user name or other applicable security measures. I agree not to give or make available my password, user name, or other applicable security measures, which includes means to access the A2A service, to any unauthorized individuals. Subject to applicable law and regulations, I know that I am responsible for all actions, including Entries that I authorize using the A2A service.

If I permit any other person or third party to use the A2A service or my password, user name or other applicable security measures, subject to applicable law and regulations, I am responsible for any transactions they initiate using the A2A service. If I believe or suspect that my password, user name or other means to access the A2A service has been lost or stolen or that someone has used, or may attempt to use, the A2A service without my consent, I must notify the Credit Union at once by calling 800-544-3328 or

404-715-4725 and follow such notification with written confirmation. Subject to applicable law and regulations, the occurrence of unauthorized access will not affect any funds transfers made in good faith by Credit Union prior to receipt of such notification and within a reasonable time period to prevent unauthorized funds transfers.

I acknowledge that the purpose of the security procedures described above is for verification of authenticity and not to detect an error in the transmission or content of an Entry. No security procedure for the detection of any such error has been agreed upon between me and the Credit Union.

Verification of Identity and Account Ownership

After agreeing to this Agreement and providing any additional information requested, I may enroll Third Party Accounts in the A2A service. I agree to provide true, accurate, current and complete information about me and my Third Party Accounts and I agree to not misrepresent my identity or any of my account information.

I hereby authorize the Credit Union to verify my Third Party Accounts through the use of any verification process it deems necessary at any time, including, without limitation, a trial transfer, in which one or more low value payments will be credited to the Third Party Account. In the event the Credit Union does initiate such a trial transfer, I may then be asked by the Credit Union to enter the amount of each transfer made into such Third Party Account into the A2A service within ten (10) calendar days of setting up my Third Party Account.

Once the Credit Union deems its verification processes to be successful, each verified Third Party Account will become a Registered Account.

Authorization to Complete Funds Transfer

By logging into the Credit Union’s homebanking service at www.deltacommunitycu.com with my user name, password and any other security measures to request an Entry through the A2A service, I authorize the Credit Union, including its employees, agents and service providers, to initiate electronic debits and credits to and from my added Credit Union account and Registered Account in order to process the requested Entry. I also authorize the Credit Union to initiate electronic debits or credits to or from such Credit Union account or Registered Account in order to correct any error in a previous Entry or in the event that the Credit Union cannot complete a requested Entry. This authorization shall remain in place until I cancel the A2A service and the Credit Union has had a reasonable time to act upon my cancellation request.

In the event of an outstanding error or a transaction that has been returned (such as described below), I agree that the Credit Union retains the right to initiate Entries, even after my cancellation request, for a reasonable amount of time until the error has been corrected. If subsequent to the Credit Union’s completion of an Entry, the funds transfer to or from the added Credit Union account or Registered Account to fund the transfer is not processed or is returned by the financial institution holding a Registered Account for any reason, I authorize the Credit Union to debit any account of mine to cover the transfer amount, including but not limited to any other Credit Union account or Registered Account that I have added to the A2A service, regardless of whether the Credit Union account or Registered Account was part of the Entry.

I represent to the Credit Union that I am the owner of all of the Credit Union account(s) and the Registered Account(s) added to the A2A service and have all necessary authority and rights to register for the A2A service and to initiate an electronic funds transfer to and from such Credit Union accounts and Registered Accounts. I also represent that I am an individual consumer, and that such Credit Union accounts and Registered Accounts are held and used by me solely for personal, family or household purposes, and are not held or used in connection with any business enterprise. The Credit Union and the financial institution(s) holding the Registered Account(s) may rely on the representations and the authorizations provided by me in this Agreement without investigation. The Credit Union will ordinarily use ACH Network in order to initiate the Entries to and from my added Credit Union accounts and Registered Accounts to process an Entry. The Credit Union may use other methods to process an Entry, including a book transfer or wire transfer.

Compliance with Security Procedures

Subject to applicable law and regulations, if an Entry (or a request for cancellation or amendment of an Entry) received by the Credit Union purports to have been transmitted or authorized by me, it will be deemed effective as my Entry (or request) and I shall be obligated to pay the Credit Union or other applicable financial institution the amount of such Entry even though the Entry (or request) was not authorized by me, provided Credit Union accepted the Entry in good faith and acted in compliance with the security procedures previously described with respect to such Entry.

If an Entry (or request for cancellation or amendment of an Entry) received by the Credit Union was transmitted or authorized by me, I shall pay the Credit Union or other applicable financial institution the amount of the Entry, whether or not the Credit Union complied with the security procedures previously described with respect to that Entry and whether or not that Entry was erroneous in any respect or that error would have been detected if the Credit Union had complied with such security procedure.

Processing of Funds Transfers

If possible and commercially reasonable, the Credit Union will process Entries received before 12:00 Noon, Eastern Standard Time on the next Business Day after receipt. Entries that are received on a non- Business Day or after 12:00 Noon, Eastern Standard Time on a Business Day will be processed the second Business Day after receipt. The Credit Union has no obligation to complete a requested Entry if: (i) the debit to the Registered Account to fund a transfer is not processed or is returned by the account holding financial institution for any reason; (ii) the requested Entry exceeds any dollar or frequency limitation placed on Funds Transfers by the Credit Union; (iii) any restriction or limitations imposed by the financial institution holding the Registered Accounts; or (iv) there is an insufficient funds balance in my Registered Account to complete the Entry. The Credit Union is not responsible for actions taken by the financial institution that holds any Registered Account, and is not responsible if the financial institution does not properly credit the funds transfer to any Registered Account.

Rejection of Entries

The Credit Union may reject any Entry which does not comply with the requirements of these terms and conditions. The Credit Union shall notify me by email, telephone or writing of such rejection no later than the Business Day such Entry would otherwise have been transmitted by the Credit Union. Notices of rejection shall be effective when given. The Credit Union shall have no liability to me by reason of the rejection of any such Entry or the fact that such notice is not given at an earlier time than that provided for herein.

Reliance on My Instructions

The Credit Union is not responsible for detecting any errors in an Entry that I request through the A2A service. I am responsible for the content of any Entry, and the Credit Union may rely upon the information I provide when processing the Entry. The Credit Union may rely solely on the account numbers and bank identifying numbers that I provide to the Credit Union for identifying my Third Party Account(s) and financial institution(s), regardless of whether or not I also provide the name of the account holder or the name of the financial institution.

A2A Account Limitations

Under normal operating circumstances, the A2A service has the following limitations:

  1. An Entry received prior to 12:00 Noon, Eastern Standard Time will be processed the next Business Day.

  2. An Entry received after 12:00 Noon, Eastern Standard Time will be processed the second Business Day.

  3. A $10,000 aggregate daily credit or debit limit for funds transfers.

  4. A $30,000 aggregate monthly credit or debit limit for funds transfers.

Delta Community Credit Union reserves the right to place all or any portion of an inbound or outbound transaction originated through the A2A feature of Online Banking on hold for any period of time.

Cancellation of Requested Funds Transfer

I shall have no right to cancel or amend any Entry after its receipt by the Credit Union. However, I may request a cancellation of an Entry that I have previously requested through the A2A service if the Entry has not been processed. To request a cancellation, I should use the cancellation feature of the A2A service. If such request complies with the security procedures previously described, the Credit Union will take reasonable steps to act on my cancellation requests, but the Credit Union shall not be responsible if the Credit Union is unable to cancel an Entry because the Credit Union did not have sufficient time to act on the cancellation request or if such cancellation is not effected. I shall reimburse the Credit Union for any expenses, losses, or damages the Credit Union may incur in effecting or attempting to effect my request for the reversal of an Entry.

Provide Accurate Information

I agree to provide true, accurate, current and complete information about myself and my accounts maintained at other financial institutions, as requested in the Credit Union’s registration process and I agree to not misrepresent my identity or my account information. Accurate records enable the Credit Union to provide the A2A services to me. I agree to keep my registration and account information up to date and accurate.

Obey the Law

I agree not to use the A2A services for illegal purposes or for the transmission of material that that infringes on the rights of others.

Proprietary Rights

I acknowledge and agree that the Credit Union owns all rights to this Web site, the content displayed on the site and any intellectual or proprietary property and/or technology (in any form) made available to me as a part of or in conjunction with the A2A services. I am only permitted to use any the foregoing as expressly authorized by this Agreement and otherwise by the A2A services. I may not copy, reproduce, distribute, or create derivative works from any content. Further, I agree not to reverse engineer or reverse compile any technology associated with the A2A service, including but not limited to, any software applications or any programming languages associated with the A2A service.

Customer Representations and Indemnification

With respect to each and every Entry initiated by me, I represent and warrant to the Credit Union and agree that I shall perform my obligations under this Agreement in accordance with all applicable laws and regulations. Subject to applicable law and regulations, I agree to protect and fully compensate the Credit Union from any and liability, loss, damages, expenses and costs (including, but not limited to, reasonable attorneys fees and expenses) caused by or arising from my use of the A2A service, my violation of or breach of any representation or warranty under this Agreement, or my infringement, or infringement by any other user of my account, of any intellectual property or other right of anyone, including any third party claims.

Contact Information

In case of errors, questions or service issues about A2A service, I may contact the Credit Union by telephone at 800-544-3328 or 404-715-4725 or write the Credit Union at

PO Box 20541, Atlanta, GA 30354, Attn: eBusiness – A2A.

Information Authorization

I agree that some or all of the registration information I provide to the A2A service can go through a verification process. In addition, I agree that the Credit Union reserves the right to request a review of my credit report at its own expense through an authorized bureau.

Service Changes and Discontinuation

I shall pay the Credit Union the charges for the A2A services provided in connection with this Agreement as shall be established from time to time by the Credit Union. The Credit Union reserves the right to change or discontinue, temporarily or permanently, the A2A service at any time without notice. I agree that the Credit Union will not be liable to me or any third party for any modification or discontinuance of the A2A service. The Credit Union or its service providers may (i) suspend or discontinue the provision of the A2A service to me, (ii) suspend or discontinue my ability to use a particular account in connection with the A2A service, or (iii) refuse to process a transaction requested by me in connection with the A2A service, for any reason in the Credit Union’s reasonable discretion, including but not limited to instances where the Credit Union is unable to validate any registration or transaction information provided by me, or if the Credit Union believes that providing services or completing the requested transaction may expose the Credit Union to a risk of loss or violation of applicable law. In the event of such suspension or discontinuation, the Credit Union will notify me via a written notification, an e-mail, or online posting on the Credit Union’s Web site. Upon suspension or discontinuation, any recurring or future-dated transfers that have been scheduled by me will not be initiated (unless the suspension or discontinuation only concerns an account not involved in funding or receiving such recurring or future-dated transfer).

Amendments

Subject to applicable law and regulations, from time to time the Credit Union may amend any of the terms and conditions contained in this Agreement by providing written notice to me of the change.

Cancellation

I may cancel this Agreement and the A2A service at any time. Such cancellation shall be effective upon confirmation of my cancellation request at www.deltacommunitycu.com. The Credit Union reserves the right to cancel this Agreement and the A2A service immediately upon providing written notice of such termination to me, including possibly in the event of extended periods of inactivity.

Any cancellation of this Agreement or the A2A service shall not affect any of the Credit Union’s rights and my obligations with respect to Entries initiated by me prior to such termination, or the payment obligations of me with respect to services performed by the Credit Union prior to termination, or any other obligations that survive termination of this Agreement.

Entire Agreement

This Agreement, together with all applicable account agreements, are the complete and exclusive statement of the agreement between the Credit Union and me with respect to the A2A service and supersedes any prior agreement or proposal and any other communications between me and the Credit Union relating to the subject matter of this Agreement, including in any event whether oral or written and whether such agreement, proposal or communication has already been made or occurs in the future. In the event of any inconsistency between the terms of this Agreement and any applicable account agreement, the terms of this Agreement shall govern. In the event performance of the A2A services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future law, regulation or government policy to which the Credit Union is subject, and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such law, regulation or policy, and the Credit Union shall incur no liability to me as a result of such violation or amendment. No course of dealing between the Credit Union and I will constitute a modification of this Agreement, the NACHA Rules, or the security procedures previously described or constitute an agreement between the Credit Union and I regardless of whatever practices and procedures the Credit Union and I may use.

I am responsible for regularly reviewing these terms and conditions. Continued use of the A2A service and any changes constitute my consent to any changes to the terms and conditions.

Credit Union Responsibilities and Liability

In the performance of the services required by this Agreement, the Credit Union shall be entitled to rely solely on the information, representations, and warranties provided by me pursuant to this Agreement, and shall not be responsible for the accuracy or completeness thereof. The Credit Union shall be responsible only for using its commercially reasonable efforts to provide services expressly provided for in this Agreement. The Credit Union shall not be responsible for my acts or omissions (including without limitation the amount, accuracy, timeliness of funds transmittal or authorization of any Entry received from me) or those of any other person, including without limitation any other financial institution, the Federal Reserve or any Automated Clearing House or transmission or communications facility, and no such person shall be deemed the Credit Union’s agent. I agree to indemnify the Credit Union against any loss, liability or expense (including attorneys’ fees and expenses) resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of me or any other person described in this section.

Without limiting the generality of the foregoing provisions, the 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 failure, war, emergency conditions or other circumstances beyond the Credit Union’s control. In addition, the Credit Union shall be excused from failing to transmit or delay in transmitting an Entry if such transmittal would result in the Credit Union’s having exceeded any limitation upon its intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in the Credit Union’s reasonable judgment otherwise violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority.

In addition to other limitations on liability set forth in this Agreement, the Credit Union shall incur no liability to me if the A2A service does not function as described because of the existence of any one or more of the following circumstances: (i) the A2A service is not working properly and I know or have been advised by the Credit Union about the malfunction before I execute a transaction; (ii) I have not provided the A2A service with the correct registration information, or other information used to provide the services to me; or (iii) circumstances beyond control of the Credit Union (such as, but not limited to, war, emergency conditions, fire, flood, or interference from an outside force) prevent the proper execution of the requested service or transaction and the Credit Union has taken reasonable precautions to avoid those circumstances.

Non-Assignment; Binding Effect

I may not assign this Agreement or any of the rights or obligations hereunder to any person without the Credit Union’s prior written consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns.

Waiver

The Credit Union may waive enforcement of any provision of this Agreement. Any such waiver shall not affect Credit Union’s rights with respect to any other transaction or modify the terms of this Agreement.

Third Party Benefit

This Agreement is not for the benefit of any other person, and no other person shall have any right against the Credit Union or me hereunder.

DISCLAIMER OF WARRANTIES

I EXPRESSLY UNDERSTAND AND AGREE THAT: MY USE OF THE A2A SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE A2A SERVICES IS AT MY SOLE RISK. THE A2A SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, THE CREDIT UNION (AND ITS SERVICE PROVIDERS AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE A2A SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE A2A SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE CREDIT UNION MAKES NO WARRANTY THAT (I) THE A2A SERVICE WILL MEET MY REQUIREMENTS, (II) THE A2A SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE A2A SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY ME THROUGH THE A2A SERVICE WILL MEET MY EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE A2A SERVICE IS DONE AT MY OWN DISCRETION AND RISK AND I AM SOLELY RESPONSIBLE FOR ANY DAMAGE TO MY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ME FROM THE CREDIT UNION FROM THE A2A SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY

IF THE CREDIT UNION IS OTHERWISE LIABLE TO ME PURSUANT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR OTHERWISE, I EXPRESSLY HEREBY AGREE THAT THE CREDIT UNION SHALL BE LIABLE ONLY FOR MY ACTUAL DAMAGES, AND IN NO EVENT SHALL THE CREDIT UNION BE LIABLE TO ME FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY WHICH I MAY ASSERT, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE FROM SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM THE CREDIT UNION’S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT. THE FOREGOING LIMITATIONS SHALL APPLY IN ALL CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO: (I) THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR; THE A2A SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF MY TRANSMISSIONS OR OTHER DATA; (III) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER WEB SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VI) ANY OTHER MATTER RELATING TO THE A2A SERVICE.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to me.

Subject to the foregoing limitations, the Credit Union’s liability for loss of interest resulting from its error or delay shall be calculated by using a rate equal to the average Federal Funds rate for the period involved. At the Credit Union’s option, payment of such interest may be made by crediting any of my accounts resulting from or arising out of any claim of any person that the Credit Union is responsible for any act or omission of me or any other person described in this section.

Severability

In the event that any provision of this Agreement shall be determined to be invalid, illegal or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

Electronic Communications

This Agreement and any notices or other communications regarding the A2A service may be provided to me electronically, and I agree to receive communications from the Credit Union in electronic form. Electronic communications may be posted on the Credit Union’s Web site at www.deltacommunitycu.com and/or delivered to my e-mail address in the Credit Union’s records. All communications in electronic format will be considered to be in “writing”, and to have been received no later than five (5) Business Days after posting or dissemination, whether or not I have received or retrieved the communication. My consent to receive communications electronically is valid until I revoke my consent by notifying the Credit Union of my decision to do so. If I revoke my consent to receive communications electronically, the Credit Union will terminate my right to use the A2A service. I may print a copy of any electronic communications and retain it for my records.

Arbitration & Choice of Law

I agree to arbitrate any controversy between me and the Credit Union. This Agreement is governed by and interpreted under the federal laws of the United States and the laws of the state of Georgia. This Agreement is the entire understanding between me and The Credit Union about the A2A service.

Other

All notices to me will be in writing and will be made either via posting electronically on the Credit Union’s Web site at www.deltacommunitycu.com, e-mail or conventional mail, at the Credit Union’s discretion. All notices to the Credit Union must be made in writing at our address above. If any provision of this Agreement is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.