Consent for Electronic Disclosures under the Electronic Signatures in Global and National Commerce Act
Please review carefully and print and retain a copy of this Consent for Electronic Disclosures under the Electronic Signatures in Global and National Commerce Act (“eSign Consent”) for your records.
AGREEMENT
You are enrolling in SAFE Federal Credit Union’s online and mobile banking platform (“online banking”). In order to do this, we need you to consent to our giving you certain disclosures electronically and to your signing documents electronically. This document informs you of your rights when receiving legally required disclosures, contracts, periodic statements, notices, receipts, modifications, amendments, evidence of our transactions with you and other information ("Disclosures") from the Credit Union in electronic form. By clicking the box next to the statement “I consent to the eSign Consent and confirm that I have the ability to receive Disclosures (as that term is defined therein) electronically,” you acknowledge receipt of this document and consent to the electronic delivery of any Disclosures. All agreements with the Credit Union are subject to the terms and conditions of your Membership, Account and Account Services Agreement (“Membership Agreement”).
By agreeing to this eSign Consent, you are authorized to, and do consent on behalf of all the other account owners, authorized signers, authorized representatives and users identified with your Credit Union products and services.
In this eSign Consent, the words "'you,", "your," and "yours" mean any individual accessing online banking. The words "we," "us,” "our" and "Credit Union" mean SAFE Federal Credit Union.
SCOPE OF CONSENT
Your consent covers all Disclosures and communications relating to any Credit Union product or service. From time to time, you may seek to obtain a new product or service from the Credit Union and you are reminded that you have already given us your consent to provide Disclosures electronically, communicate with you electronically and accept your electronic signature.
You specifically consent and agree that any electronic signature provided within online banking may be relied upon by the credit union and is valid as if you signed the document in writing. You further consent and agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act or action while using any electronic service we offer, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions constitutes your signature, acceptance and agreement as if actually signed by you in writing. You understand that no certification authority or other third-party verification is necessary to validate your electronic signature, and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or any resulting agreement between you and the Credit Union.
You further consent and agree that we may provide all disclosures, agreements, contracts, periodic statements, governmental and/or third-party notices (such as Internal Revenue Service (“IRS”) forms 1098, 1099, etc.), notices required by federal or state laws (such as a notice of unclaimed property) any other notices we provide to members, modifications, amendments and all other evidence of our transactions with you or on your behalf electronically, in addition to notices of the availability of the foregoing. Any Disclosures related to your use of online banking, including periodic statements if you are enrolled to receive electronic periodic statements, will be provided to you electronically through online banking.
RIGHT TO RECEIVE PAPER COPY
You have a right to receive a paper copy of any Disclosures if applicable law specifically requires us to provide such documentation. If you wish to obtain a paper copy of any of the Disclosures, you may write to us at SAFE Federal Credit Union, PO Box 2008, Sumter, SC 29151-2008 with the details of your request. Paper copies will be provided to you in accordance with any fees stated on our current Fee Schedule, which may be amended from time to time.
WITHDRAWING CONSENT
You may withdraw your consent and revoke your agreement to receive Disclosures electronically at no cost to you. You may do so by writing to us at SAFE Federal Credit Union, PO Box 2008, Sumter, SC 29151-2008 or by calling us at 803.469.8600 or 1.800.769.8600. If you decide to withdraw your consent, the legal validity and enforceability of prior electronic Disclosures will not be affected. You cannot withdraw your consent to your receipt of Disclosures provided as part of your enrollment in online banking. The Credit Union has the right to restrict or terminate your access to online banking if you withdraw your consent to receive Disclosures electronically.
CHANGES TO YOUR CONTACT INFORMATION
The Credit Union’s bylaws require that you keep us informed of any change to your mailing address. You should also keep us updated on any changes to your electronic mail (“e-mail”) address. If we are unable to deliver any Disclosures to you electronically, we will mail them to you at the address on our records. You may update us by updating your profile in online banking, visiting any one of our branch locations, writing to us at SAFE Federal Credit Union, PO Box 2008, Sumter, SC 29151-2008 or by calling us at 803.469.8600 or 1.800.769.8600.
HARDWARE AND SOFTWARE REQUIREMENTS
You are responsible for the set-up and maintenance of your home computer and modem. The following components are minimum requirements that your equipment must meet to use the Credit Union’s online banking:
• A computer and Internet browser that can support 128-bit encryption.
• Cookies and Java enabled to access our secure site.
• You must have software which permits you to receive and access Portable Document Format ("PDF") files, such as Adobe Acrobat Reader.
• To retain a copy of the electronic documents, your device must have the ability to download and store or print PDF files.
• 2.0 GHz (or higher) processor recommended, 2 GB of RAM (or higher) recommended (1 GB minimum).
• Operating System Requirements: Microsoft Windows 7 (32 bit or 64 bit), Microsoft Windows Vista (32 bit or 64 bit), Microsoft Windows XP Service Pack 3 or higher.
• Software Requirements: Internet Connection 1.5 MB (minimum connection speed), Adobe 8 or Newer.
• Compatible Web Browsers: Microsoft Internet Explorer 7.0 Service Pack 1 or higher, Google Chrome 10, Mozilla Firefox 4.0.
These are the present minimum requirements that are required to access and use the system. We make no warranty or representation regarding the access speed that you will have now or in the future, as such is beyond the control of the Credit Union (depending largely on your computer system and method of access (for example, dial up connection vs. digital subscriber line (“DSL”) or other connection). Also, these minimum requirements are likely to change as technology, software and other matters continue to evolve.
OBTAINING SOFTWARE
You can obtain the Credit Union’s software for online banking by visiting the Credit Union’s website at www.SAFEfed.org or downloading the mobile application. By requesting any electronic funds transfers, online banking, other electronic services or transactions, by submitting any application or agreement to us electronically or by e-mailing us, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide to you.
PERFORMANCE OF SOFTWARE AND ELECTRONIC SERVICES AND WARRANTY DISCLAIMER
In no event will we be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use our services, or for any loss of any data, even if we have been informed of the possibility of such damages. FURTHER, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, TO YOU REGARDING YOUR EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, including but not limited to any online banking services provided to you under this or any other agreement with us.
We do not and cannot warrant that online banking will operate without errors, or that any or all online banking services will be available and operational at all times. Except as specifically provided in this eSign Consent, or otherwise required by law, you agree that our officers, directors, employees, Supervisory committee members, agents or contractors (“affiliates”) are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this eSign Consent or by reason of your use of or access to online banking, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of the Credit Union and its affiliates exceed the amounts paid by you for the services provided to you through online banking.
VIRUS PROTECTION
We are not responsible for any electronic virus(es) that you may encounter. The Credit Union suggests that you routinely scan your personal computer (“PC”) and diskettes using a reliable virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus may corrupt and/or destroy your programs, files and even your hardware.
ELECTRONIC RECORDS
To facilitate electronic commerce, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that we may in our discretion store all records electronically and that we will not retain and have no obligation to retain any original documents for any period of time. This applies to all documentation including but not limited to checks, transaction records, notes, mortgages, deeds of trust and other loan and/or security documentation. You further acknowledge and understand that we will routinely destroy all original documentation. We may store records electronically via imaging, scanning, filming or other technology used in the financial services industry for the storage of documentation via internal processes or third-party processors that we approve for these services. You agree that such storage shall be secure, and further agree that such records shall for all purposes be recognized and admissible in evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records.
E-MAIL AND FACSIMILE COMMUNICATIONS
You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim or damages arising or in any way related to our response(s) to any e-mail or other electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication and may respond to an e-mail at either the address provided with the communication, the e-mail address in your Membership Application and Signature Card, or any other application or written communication actually received by us.
Any account owner, co-borrower or authorized user may change the e-mail address for periodic statements or other information from us at any time. Although having no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.
Further, the Credit Union may not immediately receive e-mail communications that you send. Also, we will not take action based on e-mail requests until we actually receive your message and have a reasonable opportunity to act. We reserve the right to require any notices from you be submitted to us in writing, and we may refuse to send certain information through unsecured e-mail communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction, stop payment request, or otherwise, you may call the Credit Union at 803.469.8600 or 1.800.769.8600.
You expressly consent and agree to us, our agents or any parties we authorize sending and your receiving any communications hereunder by facsimile or other electronic methods including any offers for Credit Union, affiliate or third-party services and/or products.
LINKS TO OTHER WEBSITES
Our website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Credit Union of the contents of such third-party website. Credit Union is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites or the privacy practices of those third-parties. If you decide to access linked third-party websites, you do so at your own risk.
CONTROLLING LAW AND USER RESPONSIBILITIES
Our website, online banking and the other electronic services that we provide (excluding third-party linked websites) are controlled by the Credit Union from its principal offices within the State of South Carolina, which law governs this eSign Consent. While you may choose to access our website and electronic services from other locations, we make no representation that any information, materials or functions are appropriate or authorized for use in other jurisdictions. Your access from other locations is made on your own initiative and you are solely responsible for compliance with any applicable local laws and regulations.
BY COMPLETING AND SUBMITTING YOUR REQUEST, YOU CONSENT TO HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM, TO THE ACCEPTANCE OF YOUR ELECTRONIC SIGNATURE(S), TO COMMUNICATING WITH THE CREDIT UNION ELECTRONICALLY AND TO DOING BUSINESS WITH THE CREDIT UNION ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE ELECTRONIC DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE. YOU AGREE TO THE SAME TERMS THAT APPLY TO A SIGNED APPLICATION OR AGREEMENT AND YOU AGREE THAT SUBMITTING THIS CONSENT OR ACCEPTING THESE TERMS CONSTITUTES YOUR SIGNATURE AS THOUGH SAME WERE PHYSICALLY SIGNED BY YOU. IF THERE IS A CO-APPLICANT OR USER, YOU REPRESENT AND WARRANT THAT SUCH CO-APPLICANT OR USER HAS AUTHORIZED THE SUBMISSION OF THIS APPLICATION. THIS ELECTRONIC SUBMISSION QUALIFIES AS YOUR SIGNATURE FOR ALL PURPOSES AND USES WHATSOEVER.