First Trade Union Bank > Disclosures

1. First Trade Union Bank Online Banking Agreement
This Agreement governs the use of your First Trade Union Bank (the "Bank") Online Banking Service, which allows you to access the following online services: banking, Bill Payment and Presentment, and other banking services offered through the Online Banking. You must have a First Trade Union Bank account open and in good standing to use the Online Banking. Each person or entity that enrolls for the Online Banking and any person authorized to use the Online Banking agrees to the terms and conditions of this Agreement. Each person that enrolls for the Online Banking or that is authorized to use the Online Banking will be assigned a User ID and password. Please read this Agreement carefully, and retain a copy for your records. You may print this Agreement or download the Agreement to your computer. You may also request a copy of this Agreement and other agreements governing your accounts and Online Banking Service with First Trade Union Bank by calling us toll free at 1-800-242-0272. The terms, conditions, and disclosures for each of your First Trade Union Bank accounts and loans continue to apply, notwithstanding anything to the contrary in this Agreement. The headings used throughout this Agreement are for convenience only and shall not govern the interpretation of the provisions. In the event of a dispute regarding the Online Banking, you agree that it will be resolved by looking to the terms and conditions contained herein and, except for business customers, in the "Important Information About Deposit Accounts Agreement" provided to you.

2. Governing Law Section
This Agreement is governed by the laws of the Commonwealth of Massachusetts and applicable federal law. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable; additionally, all remaining provisions shall remain in full force and effect.

3. Definitions
As used in this Agreement, the words "you" and "your" refer to the person(s) or entity (ies) subscribing to or authorized to use the Online Banking. The words "we," "us," and "our" refer to First Trade Union Bank. The term "business day" means Monday though Friday, and excludes Saturday, Sunday, and all banking holidays. The word "account" refers to all of your deposit and credit accounts to which you requested and obtained online access at First Trade Union Bank.

4. Warranty Disclaimer
The software related to the Online Banking is provided "as is" without warranty of any kind. The entire risk as to results and performance of the software related to the Online Banking is assumed by you. We do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of, the software related to the Online Banking in terms of correctness, accuracy, reliability, or otherwise.

Neither we nor our suppliers make any representations or warranties of any kind regarding use of the software related to the Online Banking, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, unless disclaiming such warranties is prohibited by law.

5. Limitation of Liability
We will not be liable for failure to provide access or for interruptions in access to the Online Banking due to a system failure, other unforeseen acts or circumstances or a malfunction of your computer equipment or any system you use, including your browser, Internet Online Banking provider or other software you use. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall we or our suppliers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character, including, without limitation, damages for loss of goodwill, loss of use, data, profits, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. We are also not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your program, files, and hardware.

6. First Trade Union Bank's Right to Terminate
First Trade Union Bank reserves the right to terminate this Agreement and your access to Online Banking, in whole or in part, at any time, in our sole discretion without prior notice.

7. Your Right to Terminate
You may cancel your Online Banking at any time by providing us with written notice by postal mail, e-mail, or fax, in accordance with the instructions set forth in Section 25 below. If you have designated a joint account as one of the accounts you may access with your Online Banking and you notify us that you wish to terminate your Online Banking, only you're Online Banking, your User ID and password will be suspended. Other joint accountholders must notify us to suspend their own Online Banking, User ID and password.

Your access to the Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel the Online Banking. You will remain responsible for all outstanding fees and charges incurred in connection with the Online Banking.

You may request that we no longer provide you with access to the Bill Payment and Presentment feature by providing us notice in the manner required under the section of the Terms and Conditions (as hereinafter defined) entitled "Termination or Discontinuance".

8. Authorization to Obtain Information
You agree that we may, from time to time, obtain and review your credit report from authorized credit bureaus.

9. Amendments to Terms and Conditions
At any time, we may change the terms of this Agreement. We will notify you of changes in the manner required by applicable law.

If advance notice of the change is not required, and disclosure of said change does not jeopardize the security of an account or of the Online Banking, we will notify you of said change within 30 days of the change becoming effective.

To the extent permitted by applicable law, if you have previously agreed to receive notices and disclosures electronically, we will forward such notices to you by e-mail or post such notices on our website and alert you by e-mail of the posting of such notice.

Your use of any or all features of the Online Banking after the effective date of the notice indicates your acceptance of the change in terms.

10. Requirements for Use
To use the Online Banking, you must have at least one First Trade Union Bank account, access to Internet Online Banking, recommended Internet browser software, and an e-mail address.

11. What to Do In Case of Errors or Questions about Your Electronic Transfers, Including Bill Pay
Refer to the "Important Information About Deposit Accounts Agreement" previously provided to you and also available on our website.

12. Your Liability for Unauthorized Transfers
You should notify us immediately if you believe your password has been lost or stolen or if you believe there have been any unauthorized transactions on any of your accounts. To notify us, call 1-800-242-0272, Monday through Friday, between 8:00 a.m. and 5:00 p.m. Eastern Standard Time, or send us notice by e-mail, fax, or mail as described in Section 25 below. For a discussion of your liability for unauthorized transactions, refer to the "Important Information About Deposit Accounts Agreement" previously provided to you and also available on our website.

13. Our Liability for Failure to Make a Transfer
Refer to the "Important Information About Deposit Accounts Agreement" previously provided to you.

14. Password
Upon successful enrollment in the Online Banking, you will be provided with a password that will grant you access to the Online Banking. You will be asked to change this password the first time that you access the Online Banking. You are solely responsible for ensuring the confidentiality of your password. We recommend that your password not be easily associated with any personal information, such as your address, date of birth, or anniversary. Your password should be memorized, and never written down. We also recommend that you change your password regularly.

If you are a business customer, you agree that use of a password is a commercially reasonable method of providing security against unauthorized electronic transactions. It is the responsibility of your business to protect the confidentiality of your password. Whether your business has requested a single password or multiple passwords, it is your business's responsibility to require that these passwords be kept confidential and be used only by authorized persons.

You agree that we are authorized to act on any and all instructions received under your password. We are not responsible for unauthorized use of your passwords.

Should you enter your password incorrectly on three (3) consecutive attempts, you will be blocked from accessing the Online Banking. If this should happen, please call us toll-free at 1-800-242-0272.

15. Hours of Access
You may access your accounts through the Online Banking seven (7) days a week, 24 hours a day. However, at certain times, some or all features of the Online Banking may not be available due to system maintenance. We will post notice of any extended periods of non-availability on our website.

16. Fees and Charges
By using the Online Banking, you agree to pay the associated fees and charges, as set forth in the most current "Schedule of Fees" (for non-business customers) and/or "Business Banking Schedule of Fees" (for business customers) brochure. Applicable fees, as disclosed in the most current "Schedule of Fees" and/or "Business Fee Schedule" brochure will be charged to your payment account. If the payment account has insufficient funds to cover fees, the Bank may deduct the fees from any other account linked to the Online Banking. If the fee cannot be paid, we may cancel the Bill Payment and Presentment Online Banking.

17. Accessible Accounts
The Online Banking may be used to connect to the following types of accounts:

Checking accounts
Money Market accounts
Savings accounts
Certificates of Deposit
IRA Certificates of Deposit
Overdraft Lines of Credit
Consumer loans
Mortgage and Home Equity loans
Commercial loans

If any designated account is a joint account, then all account owners must sign the Enrollment Form to subscribe to the Online Banking.

18. Permissible Transactions
In most cases, you may use the Online Banking to access deposit accounts in which you have an unrestricted right to withdraw funds, and credit accounts from which you have an unrestricted right to borrow money. When you use the Online Banking to transfer funds from your credit account, you agree that the Bank may take any action required to obtain cash advances on your behalf without obtaining your signature. First Trade Union Bank reserves the right to, in its sole discretion; deny First Trade Union Bank account transactions.

You may use the Online Banking to complete the following:

Review transaction and balance histories
Export/import data
Transfer money between accounts
Make regular payments to your First Trade Union Bank line or loan
Pay bills to merchants, institutions, or individuals having U.S. addresses other than tax payments or court ordered payments
Contact us via e-mail

In addition to the above, business account owners may:

Originate ACH payments
Schedule wire transfers
Setup sweep Transfers

First Trade Union Bank may, from time to time, introduce new features to the Online Banking. We may, but are not required to, notify you of the existence and availability of such new features. By using these features when they become available, you agree to be bound by the terms of the Agreement governing such features.

19. Transaction Limits
The number and dollar amount of transfers to and from your accounts using the Online Banking are limited pursuant to the terms of applicable account disclosures as included in the "Important Information About Deposit Accounts Agreement" (for non-business customers) and the "Business Account Agreement" (for business customers). If a hold is placed upon any portion of deposits made to an account from which you wish to transfer funds, you may not transfer the portion held until the hold expires.

For Statement Savings accounts and Money Market Accounts you will be permitted to make no more than six (6) preauthorized transfers from your account to third parties each month; and, no more than three (3) of such transfers may be made by draft or similar order made by you and payable to a third party. For purposes of this limitation, transfers made using the Online Banking are counted against the permissible number of transfers, as are other transfer methods described in the Combined Disclosures.

20. Posting of Transactions
First Trade Union Bank will make reasonable efforts to see that the transactions initiated between First Trade Union Bank accounts through the Online Banking on a business day are posted to your account on that day. Transactions completed on a non-business day will be posted to your account the following business day.

First Trade Union Bank will make reasonable efforts to see that Wire Transfer transactions initiated by business customers prior to 3:00 p.m. (Eastern Standard Time) on a business day are processed on that day. Transactions completed after 3:00 p.m. on a business day or completed on a non-business day will be processed the following business day.

First Trade Union Bank will make reasonable efforts to see that ACH Originated transactions initiated by business customers prior to 1:00 p.m. (Eastern Standard Time) on a business day are processed on that day. Transactions completed after 1:00 p.m. on a business day or completed on a non-business day will be processed the following business day

21. Stop-Payment Requests
You may initiate stop-payment requests by calling us at 1-800-242-0272. Such stop-payments may only be initiated for paper checks you have written on your accounts (not bill pay payments or electronic payments).

To be effective, your stop-payment request must provide your account number, the name of the payee, the check number, the amount of the check, and the date of the check.

If you make a stop-payment request using the telephone option, we will also require you to put your request in written form and to submit this form to us. This written request must be forwarded to us within 14 days of the date of your on-line or telephone request. When we receive your written request the stop payment will be in affect for a period of 6 months. If we do not receive your written request within 14 days, the stop payment will no longer be in affect. You will incur stop-payment charges as disclosed in the most current version of the "Schedule of Fees" (for non-business customers) and/or the "Business Banking Schedule of Fees" (for business customers) brochure.

22. Confidentiality
You understand and agree that we may disclose information about your accounts and transfers to others. The circumstances under which we may disclose such information are described in our "Privacy Policy" and our "Important Information About Deposit Accounts Agreement".

23. Periodic Statements
All of the payments and transfers made through the Online Banking will appear on your monthly account statement(s).

24. Bill Payment and Presentment Feature
Online Bill Payment is provided to you for your convenience through the Bill Pay feature. The actual payment of such bills is handled by an independent third party, Metavante Corporation. Metavante has its own Terms and Conditions which you will be required to accept as a condition for using the Bill Payment feature. To the extent that the Terms and Conditions are inconsistent with this Agreement, this Agreement shall govern the respective rights and obligations of us and you. Except as is otherwise provided by this Agreement or by applicable law, we cannot and will not guaranty, or have any responsibility whatsoever for the completion or accuracy of transactions performed through the Bill Payment feature, including electronic fund transfers that you request be performed by Metavante.

First Trade Union Bank hereby publishes the following terms and conditions for your use of bill payment services through the bank's Online Banking Web site. First Trade Union Bank reserves the right to modify these terms and conditions at any time. Your use of the bill payment services constitutes your acceptance of these terms and conditions and any modifications thereof.

All payments you make will be deducted from the account that you designate as your Bill Payment Account. Your Bill Payment Account must be a checking account. Any payments you wish to make though this service must be payable in U.S. dollars to a payee located in the continental United States. We reserve the right to restrict types of payees to whom payments may be made using the Bill Payment Service from time-to-time.
Funds must be available in your Bill Payment Account on the scheduled payment date. If the date your schedule a payment to be initiated falls on a non-banking day (Saturday, Sunday or a Holiday), funds must be available in your Bill Payment Account the following Banking Day. After funds are withdrawn from your Bill Payment Account to make a payment, we may make the payment either by transferring funds electronically to the payee or by mailing the payee a check.
You may choose to schedule payments for a one time payment or to recur in the same amount at regular weekly, semi-monthly or monthly intervals. When you create a new payee in the Bill Payment Service, the payee has a temporary status until we have had sufficient time to set up the account and, for your business payees, verify information about your account.
The way to cancel or change a payment is to use the Bill Payment Service. Payments must be changed or canceled using the Service prior to the Banking Day the transaction is scheduled to be initiated.
User Terms
o You agree to accurately follow product use instructions provided in the online help tutorials.
o You agree to schedule bill payments (payment transaction date) at least 7 - 10 business days before the payment due date, not including any grace period.
o You agree to provide correct payee name, address, account information and payment amount.
o You agree to maintain sufficient funds in the Bank Account on the payment transaction date
o You agree that use of your Online Banking username and password is your signature authorization for any payment.
o You agree that this service may not be used to transmit alimony, child support or other court-directed payments or tax payments.
Customer Responsibility
o You are responsible for all transactions you authorize using Online Banking. If you permit other persons to use your username and password to perform transactions, you are responsible for any transactions they authorize from your account.
o You should notify us immediately if you believe your account has been accessed or your username and password has been used without your permission. Contacting us immediately will help your reduce losses.
o There may be other exceptions to your liability as stated in the "Important Information About Deposit Accounts Agreement” or provided by law.
Bank's Responsibility
First Trade Union Bank or its authorized agent is responsible for processing your requests. However, we will not be liable:
o If you do not have adequate funds in an account to complete a transaction, or if that account has been closed;
o If you have not properly followed the instructions on how to make a Transfer or Bill Payment;
o If you have not given us complete, correct and current instructions so that we can make a Transfer or Bill Payment;
o 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;
o If we make a timely Bill Payment but the payee nevertheless does not credit your payment promptly after receipt;
o If withdrawals from your account have been prohibited by a court order such as a garnishment or other legal process;
o If your computer is not working properly and this problem should have been apparent to you when you attempted to authorize a Transfer or Bill Payment;
o If the U.S. Postal Service causes a delay; or
o If circumstances beyond our control prevent making a Transfer or Bill Payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, telecommunication outages, postal strikes, delays caused by payees, fires, and floods.

25. Business Customers
Sections 11, 12, and 13 do not apply if you are a business customer. We have no liability to business customers for the failure to process transactions for any reason.

If you are a business customer and you have reason to believe that your password or any other security code has been lost or stolen, or that an unauthorized person has used or attempted to use the Online Banking without your permission, you must notify us within 24 hours. As a business customer, you are fully responsible for any on-line transactions (including, without limitation, any advances under the overdraft protection feature of your account, if any). You agree to reimburse us immediately for any loss, claim or damage which we sustain as a result of either authorized or unauthorized use of the Online Banking. We shall have no liability for any loss, claim or damage which you sustain as a result of the use of the Online Banking. This is true even if the use of the Online Banking is unauthorized and even if you notified us of the unauthorized use within 24 hours. Once we have been notified of a loss, theft or unauthorized use of a password and we have had a reasonable opportunity to act on that notice, however, you will not be responsible for further transactions initiated with that password unless we can prove that you could have avoided the unauthorized access.

Other existing agreements and contracts you may have with us cover certain features and functionality available through the Online Banking. For example, the terms and conditions of any “Wire Transfer Agreement" and "Automated Clearing House Agreement" remain in-force and prevail in instances where those Agreements and this Agreement conflict.

You agree that the security procedures we have established for the use of the Online Banking are commercially reasonable.

26. Third Party Links
When you leave First Trade Union Bank's website and enter an external website that is not hosted by First Trade Union Bank you will no longer be subject to, or under the protection of, the privacy and security policies of First Trade Union Bank's website. First Trade Union Bank is not liable for information, content or transactions, nor does it guarantee the services provided at other sites. This service is provided by one of our reliable partners, however, we encourage you to read and evaluate the privacy and security policies on the site you are entering, which may be different from those of First Trade Union Bank.

First Trade Union Bank has no responsibility for any external website, nor makes any warranty, expressed or implied.

27. Computer Requirements
The browser specifications for First Trade Union Bank's website are as follows: Internet Explorer 5.5 or higher or Netscape 4.6 or higher. Please be advised that AOL is currently not supported.