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HOME  Disclosures  Online Agreement

1. First Trade Union Bank Online Banking Agreement
This Agreement governs the use of your First Trade Union Bank (the "Bank") Online Banking Service.  Use of the Service is expressly conditioned on your acceptance of this Agreement. By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement.  If you decide not to agree to the terms and conditions discussed herein, you may not use the Service.  Online Banking allows you to access the following online services: banking, Bill Payment and eBills, eStatements, external funds transfers and other banking services offered through Online Banking. You agree you must have a First Trade Union Bank account open and in good standing to use Online Banking.  You agree each person or entity that enrolls for Online Banking and any person authorized to use Online Banking agrees to the terms and conditions of this Agreement.  You agree each person that enrolls for Online Banking or that is authorized to use Online Banking will be assigned a unique 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 or visiting our website www.ftub.com. 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 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.  By clicking on the “ACCEPT” button you elect to enroll in this service and you acknowledge you have read, understand and agree to the terms in this agreement. 

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 Online Banking. The words "we," "us," and "our" refer to First Trade Union Bank. The term "business day" means Monday through 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.  Our website is defined as www.ftub.com and subsequently hyperlinked pages owned and controlled by First Trade Union Bank.

4. Warranty Disclaimer
The software related to Online Banking is provided "as is" without warranty of any kind. The entire risk as to results and performance of the software related to 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 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 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 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, secure email through Online Banking, 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 your 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 Online Banking will be suspended within 3 business days of our receipt of your instructions to cancel Online Banking. You will remain responsible for all outstanding fees and charges incurred in connection with Online Banking.

If all accounts enrolled in Online Banking are closed, your access to Online Banking will terminate.  You will no longer have access to any electronic requests or records made through Online Banking, including but not limited to messages, account history, statements, or stop payment requests.  If requested, we will make our best effort to provide you with copies of any information which would no longer be available to you, but do not guarantee our ability to provide all information.

You may request that we no longer provide you with access to the Bill Payment and eBills 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. We are committed to maintaining the privacy of your personal and account information.  All information gathered or obtained from you in connection with Online Banking services will be managed under First Trade Union Bank’s Privacy Policy available on our website or by calling by calling us toll free at 1-800-242-0272. We may use monitoring processes, automated or otherwise, to detect any use of Online Banking by any customer which violates the terms of this agreement or applicable law.

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 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 Online Banking after the effective date of the notice indicates your acceptance of the change in terms.

10. Requirements for Use 
To use Online Banking, you must have at least one First Trade Union Bank account, access to Internet Online Banking, recommended Internet browser software as described in the section of this agreement named Computer Requirements, 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 under “Terms & Conditions”   In case of errors or questions about your Electronic Transfers, call us at 800-242-0272, send us a secure email through your Online Banking account or write us at the address listed in your previously disclosed “Important Information About Deposit Accounts Agreement”  brochure as soon as you can, if you think your statement, passbook or receipt is wrong or if you need more information about a transfer listed on the statement, passbook or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared or, if the only transfer possible is a direct deposit to your passbook account, no later than 60 days after the problem or error was FIRST reflected in your passbook or statement.  Please include the following information when you contact us:

  1. Tell us your name and account number (if any).
  2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
  3. Tell us the dollar amount of the suspected error.

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 8:30 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 under “Terms & Conditions”.

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 Online Banking, you will be provided with a password that will grant you access to Online Banking. You will be asked to change this password the first time that you access 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. You agree never to share your User Name, password, or Passmark security features with any third party.  You are responsible for any and all transactions that occur or are initiated using your User Name and password.  We are not responsible for unauthorized use of your passwords.

We may require additional security or verification procedures to be completed before initiating or finalizing any transaction requested through Online Banking.  We may choose not to honor or accept any request initiated through Online Banking, even when the User Name and password are successfully entered into Online Banking.
Should you enter your password incorrectly on three (3) consecutive attempts, you may  be blocked from accessing Online Banking. If this should happen, please follow the screen prompts or call us toll-free at 1-800-242-0272.

15. Hours of Access
You may access your accounts through Online Banking seven (7) days a week, 24 hours a day. However, at certain times, some or all features of 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 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 Online Banking. If the fee cannot be paid, we may cancel the Bill Payment and Presentment Online Banking.

Applicable fees include normal account fees and service charges, and may include non-sufficient funds fees or specific fees for transactions initiated through Online Banking.  Use of the service may also result in charges from third parties for telephone or internet provider services.  First Trade Union Bank is not responsible for providing telephone, internet or other access, and is not responsible for any and all charges incurred in obtaining those services.

17. Accessible Accounts
Online Banking may be used to provide services related 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

Not every service described in this agreement or available in Online Banking is available for all types of accounts, or for every customer.  If you own or have access to more than one account, access to Online Banking must be requested in writing for each account individually, generally done at time of account opening.  A request to access any eligible account via Online Banking after the account is open must also be received in writing.  If any designated account is a joint account, then all account owners must sign the Enrollment Form to subscribe to Online Banking.

18. Permissible Transactions
In most cases, you may use 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 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 Online Banking to complete the following:

  • Obtain transaction information and account balance histories
  • View online statements, certain check images
  • Download certain account transactions to your computer
  • Transfer money between certain accounts owned by a common entity that are held at First Trade Union Bank and are enrolled in Online Banking in connection with the same User Name
  • Send money from your account to an account held at First Trade Union Bank by another person, without common ownership
  • Transfer money between accounts held at First Trade Union Bank and owned by you and accounts held at other financial institutions that are owned by you or to which you have an unrestricted right to withdraw funds (retail clients only)
  • 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
  • Place stop payments on checks before they have been cashed
  • Schedule other payments to certain of your accounts
  • Contact us via a secure Online Message

In addition to the above, business account owners may:

  • Originate ACH credits or debits
  • Schedule wire transfers
  • Setup sweep Transfers

These features are limited to the extent, subject to the terms noted herein and in any Additional Agreements that apply to you.  Not every service will be available to every customer.  Service availability and any restrictions that might be applied to that service can be applied to any customer group or individual as we see fit.  For certain of your accounts, you may be able to hyperlink from the Online Banking Site to another site relating to such accounts, where you may be able to access features, information, transactions or other services pertaining to those accounts that you cannot access directly on the Online Banking Site (and thus not deemed a part of the Services).  We will make our best effort to provide notice of change or restrictions to any service accessing via Online Banking, but we are not required to provide notice except where governed by applicable law.

First Trade Union Bank may, from time to time, introduce new features to 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
Transactions initiated through Online Banking may be limited in number or dollar amount.  First Trade reserves the right to limit the amount or number of any type of transaction for any customer at any time.  We may limit the amount and or the number of transactions for any specific customer group or entity and not others as we see fit.  Additional information regarding limitations on the amount of transfers can be found the "Important Information About Deposit Accounts Agreement" (for non-business customers) and the "Business Account Agreement" (for business customers). Any transaction limitation that is disclosed in these documents, in other areas, or is part of the account schedule of fees or conditions may be applied to any and all transactions initiated in Online Banking.  We may choose to amend, change, or abolish limits of either kind at any time.  We will make our best effort to disclosure such changes ahead of time, but are not bound to do so except where governed by applicable law.

All transactions are subject, in addition to any limitations on dollar amount or amount, to internal review by First Trade Union Bank, including but not limited to factors such as the sending account, receiving account, the amount of the specific transaction, the aggregate amounts of other transactions processed or ordered by the customer, fraud screening, and other factors that First Trade Union Bank deems applicable.  If we determine that there are risks associated with the transaction, we may delay or cancel the transaction.  We may request additional information regarding the transaction before it is finalized or any funds are released.

For all savings accounts and Money Market accounts you will be permitted, in accordance with Federal Regulations and your deposit agreement, to make no more than six (6) preauthorized transfers from your account to third parties each month.  For purposes of this limitation, all transfers made using Online Banking are counted against the permissible number of transfers, as are other transfer methods described in the Combined Disclosures.  For this reason, it is our recommendation that you do not use your savings account or Money Market accounts as a primary account for bill payment, transfers, or other payment orders.

You agree to initiate or schedule all transfers or payment services only when there is or will be a sufficient balance in the account for that transfer or payment.  The completion of any transfer or payment order is subject to the availability of sufficient funds in the account at the time the transaction is posted.  We may cancel or delay any transaction when the funding account does not have sufficient funds at time of posting.  We may also choose to complete the transaction and overdrawn the account.  In either case, the account can be charged a Non-Sufficient Funds fee as outlined in the Schedule of Fees and your deposit agreement.  We are not required to provide notification to you in any form that the transfer or payment order was not honored, and it is your responsibility to make other arrangements to facilitate the processing of the transaction or payment by other means, which may include rescheduling or reinitiating the transaction in Online Banking.

20. Initiation of Transactions
First Trade Union Bank will make reasonable efforts to see that transactions initiated through Online Banking occur as detailed below:

  • External transfers initiated by retail customers prior to 1:00 p.m. Eastern Time on a business day are processed on that day. Transactions completed after 1:00 p.m. Eastern Time on a business day or completed on a non-business day will be processed the following business day. 
  • ACH Originated transactions initiated by business customers prior to 1:00 p.m. Eastern 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.
  • Wire Transfer transactions initiated by business customers prior to 3:00 p.m. Eastern 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.
  • Bill Payment transactions initiated through the Bill Payment Service, as outlined in Section 24 below, prior to 4:00 p.m. Eastern Time are processed on the business day the transaction is scheduled to be delivered.  First Trade Union Bank is not responsible for the cancellation of any payments initiated by you in the Bill Pay Service at any time.
  • Internal transfers between First Trade accounts initiated by customers prior to 8:00 p.m. Eastern Time on a business day are processed in real-time on that day. Transactions completed after 8:00 p.m. Eastern Time on a business day or completed on a non-business day will be processed the following business day. 

If the status of any transfer or transaction in Online Banking is Processed or In Process, the transaction cannot be cancelled via Online Banking or by request to First Trade Union Bank.  It is your responsibility to arrange with the recipient or external institution for the re-credit or re-deposit of any funds moved at your request through Online Banking outside of the timeframes noted above. 

21. Stop-Payment Requests
You may initiate stop-payment requests within the Online Banking service.  These stop-payments will be in effect immediately after submission via that service and a fee, if such fee is applicable, will be assessed to the account within one business day.  The stop payment may not be effective if the item on which the stop is requested is already in process or has been paid, regardless of whether the item appears in the transaction list or other detail with online banking. 

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.

You may also 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).
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 effect 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 effect. 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 previously disclosed and available on our website "Privacy Policy" and our "Important Information About Deposit Accounts Agreement".

23. Periodic Statements
All of the payments and transfers made through 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. You must enroll in the service through Online Banking prior to using it.  Each account owner, regardless of the type of ownership held on an account (joint, sole, etc) must enroll separately to use the service.  The Bill Pay Service is intended for the personal use of each individual enrollee.  Any attempt or use of the service to process payments for third parties is prohibited and can result in termination of the service.  Joint owners of a single account must have enrolled separately, and the payment history and payee information for each enrollee will not be shared or accessible by any other enrollee, even at the request of either party. 

The actual payment of such bills is handled by an independent third party, Metavante Corporation. Enrollment in the Bill Payment services includes separate Terms and Conditions which you will be required to accept as a condition for using the Bill Payment feature, and will be displayed for review and agreement during the Bill Payment service enrollment process.  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 guarantee, 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.  Payments initiated through this service which are paid via paper check may appear to be drawn on a third-party processor and not First Trade Union Bank.

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 “Deliver By” date indicated for each payee and payment initiated in the Bill Payment Service.  If the date you schedule a payment to be delivered falls on a non-business day (Saturday, Sunday or a Holiday), funds must be available in your Bill Payment Account the previous business 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, monthly or yearly intervals.
  • 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 4:00 p.m. Eastern Standard Time on the business day the transaction is scheduled to be delivered.  First Trade Union Bank is not responsible for the cancellation of any payments initiated by you in the Bill Pay Service at any time.
  • First Trade Union Bank reserves the right to limit the number or dollar amount of any transaction initiated in the Bill Pay Service for any customer at any time.  We can limit number or dollar amount of transactions on a per-customer, per-transaction, daily, weekly, monthly, or other criteria or timeframe as we see fit.  We may change, amend, establish, or abolish these limits at any time at our discretion.  Currently First Trade limits transactions initiated through the Bill Pay service to $9,999.99 per transaction and $20,000.00 per customer per day.
  • User Terms:
    • You agree to accurately follow product use instructions provided in the online help tutorials.
    • You agree to schedule bill payments (“Deliver By” date) at least 7 - 10 business days before the payment due date, not including any grace period.
    • You agree to provide correct payee name, address, account information and payment amount.
    • You agree to maintain sufficient funds in the Bank Account on the payment transaction date
    • You agree that use of your Online Banking username and password is your signature authorization for any payment.
    • You agree that this service may not be used to transmit alimony, child support or other court-directed payments, tax payments, or payments to state and federal tax agencies for any purpose.
  • Customer Responsibility:
    • You are responsible for all transactions you authorize using Online Banking and the Bill Pay Service. 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.  For security purposes, we ask that you never share your Online Banking User Name, password and Passmark image with anyone.
    • You agree to keep your Customer Number, User Name, password, password reminder question and answer and any other security or access information confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.
    • 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.
    • There may be other exceptions to your liability as stated in the "Important Information About Deposit Accounts Agreement” or provided by law.
    • We reserve the right, under certain circumstances, to deny your access to any one or more account(s) or to the Services or any part thereof, or to deny the processing of transactions, in order to maintain or restore security or performance to the Online Banking Site or any other Capital One Sites and systems. We may do so if we reasonably believe your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
  • Bank's Responsibility:
    First Trade Union Bank or its authorized agent is responsible for processing your requests. However, we will not be liable:
    • If you do not have adequate funds in an account to complete a transaction, or if that account has been closed; 
    • If you have not properly followed the instructions on how to make a Transfer or Bill Payment; 
    • If you have not given us complete, correct and current instructions (payment amount or payee information) so that we can make a Transfer or Bill Payment; 
    • 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 withdrawals from your account have been prohibited by a court order such as a garnishment or other legal process;
    • If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
    • If your computer is not working properly such that it interfered with your attempt to authorize a  Transfer or Bill Payment;
    • If the U.S. Postal Service causes a delay;
    • If your payment processing center is not working and you know or have been advised by us about the malfunction before you initiate a Transfer or Bill Payment;
    • 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, computer failures, telecommunication outages, postal strikes, delays caused by payees, fires, floods, and other natural disasters or terrorist acts of war; or
    • In any other set of circumstances as set forth in your account agreements.
  • First Trade Union Bank is not required to provide notice to you or to the payee in the event that any payment has failed for any of the reasons described above.  You will be responsible for making alternate payment arrangements with the payee, which may include rescheduling or reinitiating the transaction in the Bill Pay Service.
  • If the funding Bank Account does not have sufficient funds to pay a payment or transactions initiated in the Bill Pay Service on the “Deliver By” or any date in which a paper check created as a result of a valid payment order is presented to us, we may choose to pay the item and overdraw the account, or refuse to honor the payment and return it to the payee.  In either case we may choose to assess the funding Bank Account with a Non-Sufficient Funds Fee in accordance with the account’s schedule of fee and deposit agreement.  You agree by using the service to pay the amount of any fees which are assessed to the account.  Any negative balance which is created by our decision to pay an item in such circumstances is immediately due. 
  • First Trade Union Bank is unable to predict or guarantee when a payment processed via paper check will be presented to us for payment by the payee, nor can we restrict or delay that payment if presented, even the item is presented prior to the date indicated in the Bill Pay Service.
  • If the funding Bank Account is closed or otherwise restricted for any reason, pending and future payments will be cancelled.  It is your responsibility to make alternate payments with the payee.  First Trade accepts no liability for actions or consequences that result from payment not made in such circumstances.
  • If the Bill Payment Service is cancelled or restricted by either party for any reason, all payee and bill information will be lost.  First Trade Union Bank will not provide payee name, address, account numbers, or any other information entered into the system by you in the event that the service is cancelled or restricted.
  • If you are enrolled in the service and do not schedule or process a payment in any 3 – month period, First Trade Union Bank may choose to terminate your enrollment and use of the Bill Payment service.  All information and history related to the Bill Pay Service, payments, or payees that were available prior to termination will no longer be accessible or available via the service or through First Trade Union Bank.

25. Alerts
First Trade Union Bank offers opt-in alerts. Online Banking users have the ability to subscribe to Alerts that deliver information about their accounts via email.  Each user of Online Banking is required to subscribe to the Alerts service and designate which Alerts to receive.  Joint account owners must subscribe to Alerts separately, and may choose any selection of Alerts to receive, separate and distinct from those selected by any other account owner.  First Trade Union Bank may also send security Alerts as part of the Online Banking service.  You accept that these security Alerts are not optional.     

Alerts will be delivered by email to the primary email address listed for each subscribed user in Online Banking.  By subscribing, you understand and agree that alerts will be delivered to you by this channel.  You also agree that the delivery of alerts may be delayed or prevented by a variety of factors.  First Trade Union Bank will make our best effort to deliver alerts in a timely manner and with information accurate as of the time the alert is generated.  We do not guarantee the delivery or the accuracy of the information contained in any alert.  We are not responsible for any action taken or not taken by an account holder or third party on the basis of information contained in an alert. 
The email channel used to deliver Alerts is not secure, and First Trade Union Bank will not include any full, sensitive information such as account number or password.  Limited account information such as balance or amount of a transfer can be included.  By subscribing to the Alerts feature, you understand and agree that anyone with access to the designated email account will be able to access and read this information.  First Trade Union Bank is not responsibility for the security of any information provided in the reply to an alert, as that channel is not a secure method of communication with us.

It is your responsibility to provide First Trade Union Bank with an accurate email address for Alerts delivery.  First Trade Union Bank will not be liable or responsible for any information which is delivered to an email address which is not accessible by you, or is accessible by someone other than yourself until we have been provided the accurate email address via the Online Banking Alerts section, and have had a reasonable time in which to make the change.

26. Address Changes
You are responsible for notifying First Trade Union Bank immediately of any change to your physical, mailing, or email address.  Address changes may be initiated via written and signed request, or via a secure message sent to us via the Online Banking messaging feature.

Upon receipt of a request through the Online Banking secure messaging feature, First Trade Union Bank may immediately apply the change of address to the account specified in the message.  However, we may also require additional confirmation from an account holder or holders at our discretion prior to effecting the change on the account. 

First Trade Union Bank is not responsible for the loss or delay in delivery of any information or notification if it results from a change of address order entered under the account holder’s User Name and password.

27. 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 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 Online Banking. We shall have no liability for any loss, claim or damage which you sustain as a result of the use of Online Banking. This is true even if the use of 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 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 Online Banking are commercially reasonable.

First Trade Union Bank may allow the designation by any duly authorized account representative of a business or non-retail account of an Online Banking Administrator.   This Administrator may or may not be a signer of any authority on the account itself.  The Administrator may be granted all rights and privileges associated with Online Banking use, or may be limited, at the discretion of the account owner(s) and First Trade Union Bank.  Once established, any transaction or other order received under the User Name and password of that Administrator will be considered authorized and may be acted upon by First Trade Union Bank.  It is the responsibility of the account owner(s) to monitor any and all actions of the Administrator.  It is also the responsibility of the account owner(s) to notify First Trade Union Bank immediately if the designated Administrator is not longer authorized by the account holders to transact business within Online Banking.  First Trade Union Bank assumes no liability or fault for transactions or payments authorized under an Administrator’s User Name and password unless we have been notified and have had a reasonable time to act in removing or restricting the access of that Administrator.
The Administrator may have the ability to establish User names and password for other members of the business as he sees fit.  The Administrator may assign rights and privileges of each user up to and including all rights and privileges that are accessible by the Administrator.  First Trade Union Bank assumes and has no liability or responsibility in monitoring the authorization of those users, and we may act on any transaction or order entered into Online Banking by any of those users, within the rights and privileges assigned to them by the Administrator.

28. 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.

29. 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.  To provide the highest degree of confidentiality and to protect the security of your financial information, you must have an Internet browser that supports 128-bit encryption and secure sockets layer version 3.0 or higher. Use of the Services with lower than 128-bit encryption is strictly prohibited. To the extent you are able to access the Services using lower than 128-bit encryption, we specifically disclaim any and all responsibility for losses resulting from your use of such lower encryption. We may change these requirements from time to time.  You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your Computer by downloading information, software, or other materials from the Online Banking Site or any other First Trade Union Bank Site.

© 2012 First Trade Union Bank. All rights reserved.

Notice to potential intruders: You are accessing a private computer and unauthorized access or use is not permitted and constitutes a crime punishable by law (18 USC 1030)
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