CAFCU Terms and Conditions of Service

This Capital Connection Agreement and Disclosure (“Agreement”) is the contract which covers your and our rights and responsibilities concerning the Capital Connection services offered to you by the Capital Area Federal Credit Union (“Financial Institution”). The Capital Connection service permits you to electronically initiate account transactions involving your accounts and communicate with the Financial Institution. In this Agreement, the words “you”, “your” and “yours” mean those who request and use Capital Connection, any joint owners of accounts accessed under this Agreement or any person authorized by you to use your Capital Connection service. The words “we,” “us,” and “our” mean the Financial Institution. The word “account” means any one or more accounts you have with us. By using the Capital Connection service, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.

The terms of this Agreement are in addition to the terms of any deposit account agreements you have with us, including the Signature Card, Rate and Fee Schedule, Funds Availability Disclosure, and any change of terms notices.

Capital Connection Service

Account Access. If we approve your application for the Capital Connection service, you may use your personal computer or other access devices to access your accounts.  You must use your Capital Connection service User Name, your access code (as defined below), and associated authentication answers to access your accounts. You should keep your log-in User Name, access code, and other log-in authentication data  in a secure location. Any person having access to your Capital Connection log-in data will be able to access your accounts through the Capital Connection service and perform all transactions, including reviewing account information and making transfers to other accounts and to other persons.

The Capital Connection service is accessible seven (7) days a week, twenty-four (24) hours a day, except that Capital Connection services may be inaccessible for a reasonable period for system maintenance or when system issues beyond our control limit or degrade access. In addition to the reasons set forth below, we may modify, suspend, or terminate access to your Capital Connection service at any time and for any reason without notice or refund of fees you’ve paid.

Equipment Requirements. You will need a personal computer or other internet access device and internet access software with 128 bit encryption and access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of your home computer and software; and operation of any internet access devices you use for the service. We will not be responsible for any errors or failures involving any telephone service, Internet service, software installation or malfunctions of your home computer and related equipment.

Types of Transactions. At the present time, you may use the Capital Connection service to access your accounts and perform the following functions:

Transfer funds between certain bank accounts.
Review account balance and transaction history for certain bank accounts.
Download your account information to financial management software programs, if applicable.
Make bill payments to an individual or business (payee), review bill payment history and make scheduled bill payment changes.
Communicate with us via the secure messaging service.

Transactions involving your deposit accounts, including checking account stop payment requests, will be subject to the terms of your account agreement and disclosures; transactions involving a line of credit account will be subject to your loan agreement and disclosures, as applicable.

Service Limitations. The following limitations on Capital Connection service transactions may apply in using the services listed above:

a. Transfers. You may make funds transfers to other accounts of yours as often as you like. Your ability to transfer funds between certain accounts is limited by federal law, as stated in your deposit agreement. Under these regulations preauthorized electronic funds transfers, online bill payment, and bill payments from a savings or a money market account will be limited to a total of six (6) in any one month. Of these six (6) transactions, you are limited to no more than three (3) transactions per month by check. Each funds transfer or payment through Capital Connection service from your savings or money market account is counted as one of the six limited transfers you are permitted each month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this agreement or your deposit or loan agreements. No transfer may be made from an account that requires two or more signatures.

b. We reserve the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.

c. Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.

d. E-Mail. We may not immediately receive E-mail communications that you send and we will not take action based on E-mail requests until we actually receive your message and have a reasonable opportunity to act. If you need to contact us immediately regarding an unauthorized transaction or stop payment request, you may call us at the telephone number set forth in the Liability for Unauthorized Access section.

e. Bill Payments. When you sign up for the bill payment service you will need to designate a personal checking account with us as your bill payment account. You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either periodic and nonrecurring (i.e. payments on merchant charge accounts that vary in amount (“periodic bill payments”)) or automatic and recurring (i.e. fixed monthly mortgage payments (“automatic bill payments”)). You will need to provide us with the name and address of the payee (i.e. the person you want to pay), your account number with the payee and any other information we require to properly debit your account with us and credit your account with the payee. You can only pay payees with United States addresses. We reserve the right to refuse to make payments to certain persons. If the designated payment day falls on a weekend or holiday, it will be paid on the following business day.
When you transmit a bill payment instruction, you authorize us to transfer funds to make the bill payment transaction from the account you designate. We will process bill payment transfer requests only to those payees designated in the User Instructions and such payees as you authorize and for whom we have the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete. Please allow 5-8 business days for processing any new or changed bill payment instruction.

If there are insufficient funds in your account to make the bill payment request, we may either refuse to make the payment, make the payment and transfer funds from any overdraft protection account you have established, or make the transfer or payment and overdraw your account. In accord with your deposit account agreement, you are responsible for any non-sufficient funds (“NSF”) and overdraft charges that may apply. We reserve the right to refuse to process payment instructions that reasonably appear to us to be fraudulent or erroneous. We will withdraw the designated funds from your account for the bill payment transfer by midnight on the date you schedule for payment.

We will process your bill payment transfer within 5-8 business days of the date you schedule for payment.

It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions through Capital Connection at least 8 business days before the payment due date. You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization. We give payments made through the Capital Connection service a confirmation number. The stop payment terms found in the deposit account agreement are not applicable to online transactions. If the payment you wish to stop is made by paper check and we have already paid the check, it is not possible to stop payment. If we have not already paid a paper check, it may be possible to stop payment. In these situations, you must comply with the stop payment terms found in the deposit account agreement.

You may cancel or edit a bill payment instruction under certain circumstances. If you discover an error or want to change a payment instruction (i.e. payment date or payment amount) for a periodic or automatic bill payment you have already scheduled for transmission through the Online Banking service, you may electronically edit or cancel your payment request through the Capital Connection service. Your cancellation request must be entered and transmitted through the Capital Connection service at least 8 business days before the date the transaction is scheduled to be processed. If we don’t receive your instruction to edit or cancel a payment instruction before that time, we may process the transaction. If your request is not entered in a timely manner, you will be responsible for the payment.

You may cancel an automatic recurring (preauthorized debit) payment either orally or in writing. We must receive your oral or written cancellation or amendment request at least three (3) business days before the next payment is scheduled to be made. You may call us at the telephone number set forth in the Liability for Unauthorized Access section to make an oral request. You may write to us at

Capital Area Federal Credit Union
2010 Belfast avenue
Augusta, ME 04330

If you call, we may require you to confirm your stop payment request in writing within fourteen (14) days after the call. We may charge a fee for each request. If you place an oral or written cancellation or amendment to an automatic (preauthorized) bill payment transaction at least three (3) business days before the payment is scheduled, and we fail to stop the payment, we will be liable for your actual losses or damages. We are not responsible if you fail to describe the payment exactly.

SECURITY OF ACCESS CODE

The personal identification number (PIN) or access code (“access code”) issued to you is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access code, that authority shall continue until you specifically revoke such authority by notifying us. If you fail to maintain the security of your PIN or access code and we suffer a loss, we may terminate your Capital Connection and account services immediately.

LIABILITY FOR UNAUTHORIZED ACCESS

You are responsible for all transfers and bill payments you authorize under this Agreement. If you permit other persons to use the Capital Connection service or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your access code or accessed your accounts through Capital Connection without your authorization. Telephoning is the best way of keeping your possible losses down.

If someone accesses your accounts or your access code without your permission, and you notify us within two (2) business days, you can lose no more than fifty dollars ($50.00). However, failure to notify us within two (2) business days of learning of unauthorized use of your account or access code may result in a loss of up to five hundred dollars ($500.00), if we can prove that we could have stopped someone from accessing your account without your permission.

You can lose no more than fifty dollars ($50.00) if you fail to give us notice of the unauthorized use of your account or access code.

In any event your liability for unauthorized line of credit transactions through Capital Connection is fifty dollars ($50.00).

Also, if your statement shows Capital Connection transfers that you did not make, tell us at once.

If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty days (60) if we can prove that we could have stopped someone from making the transfers if you had told us in time.

If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.

If you believe that someone has used your access code or has transferred or may transfer money from your account without your permission, call Capital Area Federal Credit Union at: (207) 622-3442 Monday -Thursday – Friday 7AM to 5:30PM or Tuesday – Wednesday 8AM to 5PM

or write at:

Capital Area Federal Credit Union
2010 Belfast Avenue

Augusta, ME 04330

BUSINESS DAYS

Our business days are Monday – Thursday – Friday 7AM to 5:30PM and Tuesday – Wednesday 8AM – 5PM

FEES AND CHARGES

There are certain charges for Capital Connection services as set forth on the our Rate and Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer or check withdrawal from your line of credit account, such transactions may be subject to charges under the terms and conditions of your loan agreement.

PERIODIC STATEMENTS

Transfers, withdrawals, and bill payments transacted through Capital Connection will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

ACCOUNT INFORMATION DISCLOSURE

We will disclose information to third parties about your account or the transfers you make:

As necessary to complete transfers and bill payments;
To verify the existence of sufficient funds to cover specific transactions upon the request of a payee or a third party, such as a credit bureau or merchant;
To comply with government agency or court orders;
If you give us your written permission.
We will disclose information to third parties about your account or the transfers you make:

For verification of the condition and existence of your account for a credit bureau or merchant;
To persons authorized by law in the course of their official duties;
To our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
Pursuant to a court order or lawful subpoena;
To a consumer reporting agency as defined in the state of Maine General Laws; or

By your written authorization which shall automatically expire 45 days after our receipt of same.

FINANCIAL INSTITUTION’S LIABILITY FOR FAILURE TO MAKE TRANSFERS

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you and the instructions you transmit, we will be liable for your actual losses or damages. However, we will not be liable:

If, through no fault of ours, you do not have adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit, if applicable.

If you used the wrong access code or you have not properly followed any applicable computer, internet access, or our user instructions for making transfer and bill payment transactions.
If your computer fails or malfunctions or the Capital Connection service was not properly working and such problem should have been apparent when you attempted such transaction.

If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.

If the funds in your account are subject to an administrative hold, legal process or other claim.
If you have not given us complete, correct and current instructions so the Financial Institution can process a transfer or bill payment.

If the error was caused by a system beyond our control, such as your Internet Service Provider.
If you do not authorize a bill payment soon enough for your payment to be made and properly credited by the payee by the time it is due.

If we make a timely bill payment but the payee nevertheless does not credit your payment promptly after receipt.

If there are other exceptions as established by us from time to time.

TERMINATION OF Capital Connection SERVICES

You agree that we may terminate this Agreement and your use of the Capital Connection services if you or any authorized user of your account or access code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your account or access code.

You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. However, termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination. If you terminate, you authorize us to continue making transfers and bill payments you have previously authorized until such time as we have had a reasonable opportunity to act upon your notice of termination. If we terminate this service, we reserve the right to make no further transfers or bill payments you have authorized.

CHANGE IN TERMS AND NOTICES

We reserve the right to change the terms and conditions upon which this service is offered. We may add, delete or amend terms, conditions and other provisions, fees, charges, or other terms described in this Agreement. We will send you a notice to the postal address provided by you and/or send notice to your E-mail address, as requested by you, at least thirty (30) days before the effective date of any change, as required by law. Use of the Capital Connection service is subject to existing terms and regulations governing your accounts and any future changes to those terms or regulations.

BILLING ERRORS

In case of errors or questions about your Capital Connection transactions, telephone us at the phone number or write to us at the address set forth above in the Liability for Unauthorized Access section as soon as you can.

Tell us your name and account number.

Describe the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) calendar days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) calendar days, we may not credit your account.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time periods for action shall be twenty (20) business days in place of ten (10) calendar days. If a notice of error involves an electronic fund transfer that was initiated in a foreign country, {or} occurred within thirty (30) days after the first deposit to the account was made, {or is a point of sale debit card transaction,} the applicable time period for action shall be ninety (90) calendar days in place of forty five (45) calendar days.

ASSIGNMENT

We reserve the right to assign our rights and delegate our duties under this Agreement to a company affiliated with us or any other company.

ENFORCEMENT

You agree to be liable to us for any liability, loss, or expense as provided in this Agreement that we incur as a result of any dispute involving your accounts or services. You authorize us to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the state of where you opened your account, and the Bylaws of the Credit Union as they now exist or may be hereafter amended. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of this Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement between us.

© Capital Area Federal Credit Union 2011


2010 North Belfast Ave. Augusta, ME 04330 | Telephone: (207) 622-3442 | Fax: (207) 623-2276
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