E-Signature Disclosure

In this PCU Agreement and Disclosure Statement (this "Agreement"), the words "we", "us" or "our" refer to HFS FEDERAL CREDIT UNION, and the words "you" or "your" refer to the person(s) who have completed and submitted the PCU application requesting, through our PCU service (the "Service"), access to the applicant's accounts at HFS FEDERAL CREDIT UNION.

1 - Application and Agreement

By completing and submitting the Application, and using the Service, you agreed to all of the terms and conditions contained in this Agreement. By submitting the Application, you have certified that all of the information you provided in the Application was true and correct, and you authorized us to verify the information in the Application by use of consumer reports and to receive and exchange information about you and your Accounts (as described in Section 2 below) both now and in the future. By using the Service to electronically direct us to make payments to your Payees through the HFS FEDERAL CREDIT UNION BillPayer Service, you agree that you are authorizing us to debit the amount of those payments from your Payment Account (as described in paragraph 25) and transfer the payments to the Payees on your behalf without your signature and without prior notice to you. The Service is offered solely to citizens and residents of the United States of America.

2 - Eligible Accounts

As used in this Agreement, the term "your Accounts" mean the personal share draft accounts (your "Checking Accounts"), share accounts (your "Savings Accounts") or "Certificate Accounts"), owned by you and approved by us for use with the Service. Your Checking, Savings and Certificate Accounts will sometimes be collectively referred to in this Agreement as your "Deposit Accounts".

3 - The Service

Subject to the terms and conditions of this Agreement, you may use a personal computer and modem (collectively, your "PC") with the Service to:

  • Review and print transaction registers and statements for your Checking, Savings and Certificate Accounts.
  • Confirm deposits and withdrawals posted to your Checking and Savings Accounts.
  • Transfer funds between your Checking and Savings Accounts.
  • Check the balance of your Certificate Accounts.
  • Download transaction history for your Accounts to certain financial management programs, spreadsheets and word processors that you may have on your PC. You understand and agree that the transaction histories for your Accounts that you access through the Service reflect activity through the close of the previous Business Day.
  • If you elect to use Bill Pay, schedule and make bill payments from your designated Checking Account to us and third parties.
Additional Features

In addition, you may also perform any additional procedures and access any additional services currently described in the On-line Manual (as described in Section 7 below) or added to the Service in the future. You may not use the Service to:

  • Close or renew your Certificate Accounts or withdraw or transfer funds to and from your Certificate Accounts.

4 - Account Transfers

You may transfer funds to and from your Checking and Savings Accounts, as long as, you have sufficient funds available to complete the transfer. Transfers from your Checking and Savings Accounts may not be completed if you do not have sufficient funds in your Checking and Savings Accounts to do so, or the funds in your Checking and Savings Accounts are subject to a hold on the funds pursuant to our current hold policy. If you attempt to transfer funds from your Checking Account which would result in an overdraft on your Checking Account, the transfer will only be completed if you have an Overdraft Protection Account tied to your Checking Account and the transfer would not result in your exceeding your available Overdraft Protection Account credit limit. You understand and agree that transfers from your Checking and Savings Accounts are subject to all of the transfer restrictions, if any, included in the agreements for your Checking and Savings Accounts. In addition, you may not transfer funds from any of your Savings Accounts, which are secured as collateral for loans you have with us or a third party.

5 - Consumer Use

You have signed up for the consumer version of the Service. The Service is designed and intended to be used for personal, family or household purposes. In order to use your Account with the Service, you must have established your Accounts primarily for personal, family or household purposes. The Service is not specifically designated for business or commercial purposes. Therefore, you may not use the Service for any commercial purpose, including but not limited to making transfers or payments on behalf of any other person or entity. You agree to take full responsibility if your Accounts are business or commercial accounts, and to reimburse us for any loss, costs or expenses we incur as a result of your use of the Service for business or commercial purposes.

6 - Internet Software and the On-line Manual

You are responsible for obtaining and maintaining internet service and properly loading the associated software, including but not limited to a web browser program, such as Netscape Navigator ("Netscape") and Microsoft Explorer ("Microsoft") or any other program which supports Secure Sockets Layer technology, and any future upgrades to the associated software (collectively, the "Software") onto your PC to ensure proper access to the Service. You will have access to an on-line manual (the "On-line Manual"), which together with this Agreement, describes the operation and features of the Service. You must follow the procedures described in this Agreement and the On-line Manual when using the Service. If you have any questions regarding this Agreement, the On-line Manual or the Service, you should contact us at the telephone or address in Paragraph 33 below or you may send your questions to us by E-mail. If you have questions regarding the operation of the Software, rather than the Service, you must direct your questions to the developers of the respective Software.

7 - Accessing the Service

In order to access the Service, you will need your Account Number and an Access Code, to access your Deposit Accounts. After you complete the Application and it is accepted by us, you may select your Access Code. Your new Access Code must meet the criteria on the applicable change of password screen. Make sure you enter Access Codes you can remember but cannot be easily ascertained by any one else. To help safeguard your Access Code, you should change it frequently. If you forget your Access Code, you must contact us (See Paragraph 33 below) and select a new Access Code. Your access to the Service will be blocked in the event the correct Access Code is not entered within three (3) consecutive access attempts. If this occurs, please call us at the telephone number listed in Section 25 below. Because your Access Code can be used to access information about your Accounts and to transfer money from your Deposit Accounts, and to pay others through Bill Pay, you should treat your Access Code with the same degree of care and confidentiality that you use to protect other sensitive personal financial data. You agree not to give your Access Code, or make it available, to any person not authorized to access your Accounts.

8 - E-mail Messaging

If you have questions as to how to use the Service and the answers to those questions cannot be obtained through the On-line Manual and tutorial, you may send your questions to us and receive answers to your questions from us through your Internet service’s e-mail system ("E-mail"). Please remember that E-mail sent by you will not be immediately received by us. E-mail should not be used if you have questions about your Accounts, if you discover an Account error or if you believe someone else may have your Access Code. If you need to contact us immediately because you have questions about your Accounts, or about transfers and payments to and from your Deposit Accounts, please see Paragraph 33 below. In addition, you cannot use E-mail to use the Service, and, therefore, you may not use E-mail to initiate transfers to or from your Deposit Accounts, make payments through Bill Pay.

9 - Account Statements

The periodic statement (your "Account Statement") for your Accounts printed by us is the official statement for your Accounts. Therefore, all transactions executed on your behalf through your transfers to and from your Deposit Accounts, and all payments made from your Deposit Accounts through the Service will be reflected on Your Account Statement. You agree to promptly check and carefully review your Account Statement and compare your Account Statement with the Service’s statements for your Accounts. If there are discrepancies between your Deposit Account Statement and the Service’s statements for your Deposit Accounts, you should contact us at the telephone numbers or address in Paragraph 33 below.

10 - Limitation of Liability

Except as otherwise expressly provided for in this Agreement or by applicable law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special, consequential, exemplary economic or otherwise, caused by the Service or the use of the Service or arising any way out of the installation, use or maintenance of the Software, or otherwise caused by us, Netscape, Microsoft or any other third-party Internet access or on-line service provider or their agents or subcontractors. We are not responsible for any home banking, personal financial management software or other products or services relating to your PC or the Software, other than those specified in this Agreement. We also are not responsible for any damage to your PC, software, modem, telephone or other property resulting from your installation, use or maintenance of the Software, or from a virus, worms, trojan horses, or other harmful components that may enter your PC. Without limiting the generality of the foregoing, we are not responsible for any loss, damage or injury resulting from (a) an interruption in your electrical power or telephone or Internet service; (b) the disconnecting of your telephone or Internet service by your local telephone or Internet service company or from deficiencies in your telephone or Internet service quality; or (c) any defect or malfunction of your PC, modem or telephone or Internet service.

11 - Exclusions of Warranties

YOU AGREE THAT WE ARE PROVIDING THE SERVICE ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12 - Business Days/Hours of Operation

Our business days are Tuesday through Saturday, except HFS FEDERAL CREDIT UNION holidays. Although the Service is available 24 hours a day, 7 days a week, at certain times such as during maintenance periods, some or all of the Service may not be available.

13 - Termination

You may terminate your use of the Service by providing us with ten (10) Business Days prior written notice at the address listed in Paragraph 33 below. We may terminate your use of the Service, in whole or in part for any reason, at any time without prior notice. Your access to the Service may, for example, be terminated if your Accounts are closed for any reason, there are insufficient funds in your Accounts and you do not have an Overdraft Protection Account, or if access to your Accounts are restricted for any reason. Termination will not affect your liability or obligations under this Agreement for payments or transfers we process on your behalf. However, termination will result in a loss of transaction history information about your Accounts stored on the Service.

14 - Account Ownership

If any of your Accounts are joint accounts, then any one of the owners on those Accounts may access those Accounts by applying for and using the Service, and we are not required to provide prior notice to the other owner. In addition, none of your Accounts, may be an Account which requires more than one signature for transactions or which you own in a fiduciary capacity, as custodian or trustee, unless you own the Account under a revocable living trust and you are the sole grantor and sole trustee or trustee, unless you own the Account under a revocable living trust and you are the sole grantor and sole trustee.

15 - Entire Agreement; Account Agreements

This Agreement, along with the agreements for your Accounts (the "Account Agreements"), the Application and the On-line Manual, constitute the complete and exclusive agreement between you an us related to the Service. In addition, this Agreement may amend certain terms and conditions of the Account Agreements. These amendments to the Account Agreements will automatically terminate if this Agreement and your use of the Service terminates and the Account Agreements will remain in effect without the amendments made in this Agreement. Except for changes specifically made by this Agreement, all of the terms and conditions of the Account Agreements, including but not limited to the provisions on binding arbitration, without a judge or jury, and the Fair Credit Reporting Act, remain unchanged and in full force and effect. In the event of a conflict between this Agreement, the On-line Manual, the Account Agreements or any statement by our employees or agents or any representation or statement relating to or set forth in the Software, as to matters relating to the Service, then this Agreement shall control.

16 - No Unilateral Alterations to Application or Terms and Conditions by You

The Application or this Agreement may not in any way be altered by you without our express written agreement. Any attempt by you to alter either the Application or this Agreement without our express written agreement shall be void and shall have no legal effect. You agree to indemnify and hold us harmless from and against any and all claims, losses, liabilities, penalties, expenses and punitive and other damages (including without limitation reasonable attorneys’ fees) directly or indirectly resulting from, relating to or arising in connection with any successful or unsuccessful attempt by you to alter either the Application or this Agreement without our express written agreement.

17 - Waivers

No delay or omission by us in exercising any rights or remedies under this Agreement shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise or a right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. No waiver shall be valid unless in writing signed by us.

18 - Assignment

You may not assign this Agreement or the Application, or any of your rights or responsibilities under this Agreement or the Application to any other party. We may assign this Agreement and the Application, or any or all of our rights and/or responsibilities under this Agreement and the Application, or delegate any or all of such rights and responsibilities to any third party or parties.

19 - Data Recording

When you use the Service to go on-line with us, account inquiry, E-mail or other information you enter will be recorded. By using the Service, you consent to such recording.

20 - Amendments

We may change or add to the terms of this Agreement at any time by notifying you of the change by sending a notice to your E-mail address, or by posting the changed terms on the Service, or any other means permitted by applicable law. If you do not agree to the change or amendment, you must notify us prior to the effective date of the change or amendment and cancel your access to the Service. By using the Service after the effective date of any change or amendment, you agree to that change or amendment.

21 - Severability

If any provision of the Application or this Agreement is determined to be void or invalid, the remainder of either the Application or this Agreement, as the case may be, shall remain in full force and effect.

22 - Headings

The Section headings used in this Agreement are for convenience only and shall not be held to limit or affect the terms of this Agreement.

23 - Governing Law

You acknowledge and agree that this Agreement was created in the State of Hawaii. Therefore, except as previously agreed to in the Account Agreements, the Application and this Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.

THE FOLLOWING PARAGRAPHS APPLY TO YOUR USE OF BILL PAY

There may be other exceptions stated in our agreement

24 - BillPayer Service

If you select BillPayer Service on the Application, you may make payments through BillPayer to any business, merchant, or professional that generates a bill or invoice for products and services provided to you or on your behalf and that has an address we can verify ("Business Payee"). You may also make payments through BillPayer to individuals, family, or friends that have an address we can verify for non-business purposes ("Individual Payees"). Payments may be made only to Payees with a U.S. payment address and only in U.S. dollars. You may not use BillPayer to make payments to a federal, state, or local government or tax unit, or to other categories of payees that we establish from time to time. You also agree that we may obtain information regarding your Payee Accounts and disclose that information to third parties to facilitate proper handling and crediting of your payments. You may use BillPayer virtually any time, day or night, 7 days a week. However, BillPayer may be temporarily unavailable due to record updating or technical difficulties. In addition, access to BillPayer is made available pursuant to a license agreement by and between HFS FEDERAL CREDIT UNION and Online Resources Communications Corporation (ORCC). Any interuption of service or access caused by Online Resources will also prevent use of the service. To utilize the Service, you will need to enter your web user identification and password and otherwise satisfy the system's security procedures.

25 - Designation of Primary Account

In order to use BillPayer, you must have a personal sharedraft account ("Checking Account") and an automated teller machine card ("ATM Share Card") or ("Master Debit Card"). The checking account must be designated as your "primary" account on the ATM Share Card or Master Debit Card and will be treated as the "primary" checking account for transactions accomplished through BillPayer.

26 - Transaction Procedures

Bill Payments may be processed in three different transaction modes. They are as follows:

a. "Today" - If you designate a payment as a "Today" transaction, the scheduled initiation date will be the next business day. However, sufficient funds must be available on the day and at the time you request the "Today" transaction. "Today" bill payments may not be cancelled for any reason once you have ended a BillPayer session, as funds are immediately deducted from your designated account.

b. "Future" - If you designate a bill payment as a "Future" transaction, you may request that the transaction be made on a future date that you may designate up to 364 days in advance of the Scheduled Initiation Date. The processing date will be the effective date entered, or the next business day should the effective date fall on a weekend or holiday. Sufficient funds must be available by midnight of the night before the processing date, but will be deducted from your designated account on the Scheduled Initiation Date. "Future " transactions may be cancelled or change until 12:00 midnight of the night before the Scheduled Initiation Date.

c. "Recurring" - If you designate a bill payment as a "Recurring" transaction, you may request, a Scheduled Initiation Date that reoccurs on a specified regular basis (i.e.weekly, bi-weekly, monthly, etc.) you will designate a "start" and "end" date. Sufficient funds must be available by midnight of the night before the Scheduled Initiation Date, but will be deducted from your designated account on the Scheduled Initiation Date. "Recurring " transactions may be cancelled or change until 12:00 midnight of the night before the Scheduled Initiation Date.

27 - Bill Payments

a. Account Designation and Payees. Bill payments made through BillPayer will be deducted from your designated funding account. You may utilize BillPayer to make bill payments to a maximum of up to 45 payees. Any payee you wish to pay through BillPayer must be payable in U.S. dollars and located in the United States. Each payee must appear on the payee list you create and the account you are paying with must be in your name. You may not use BillPayer to make payments to a federal, state, or local governmental or tax unit, or to other categories of payee that we establish from time to time.

b. Processing. Funds will be taken out of your designated funding account on the Scheduled Initiation Date entered by you. In many cases, bill payments are electronically delivered to the payee within two business days of the Scheduled Initiation Date. However, some payees are not setup to accept electronic payment. In these cases, a check will be sent, which may take five business days to process and deliver to the payee. You must allow 5 business days for BillPayer to receive your request and process the bill payments so that the funds can be delivered to the payee before the payment due date, or for mortgage payments, on or before the due date (the due date shown on your invoice or provided in your agreement with the payee, not taking into account any grace period provided by the payee). If you do not allow sufficient time, you will assume full responsibility for all late fees, finance charges, or other actions taken by the payee. If you schedule your payment with sufficient time, and the payment was not received by the payee, or was received late, the credit union will assume responsibility. HFS FEDERAL CREDIT UNION is responsible only for exercising ordinary care in making payments upon your authorization and for mailing or sending a payment to the designated payee. HFS FEDERAL CREDIT UNION is not liable in any way for damages you incur if you do not have sufficient funds in your account to make the payment on the processing date, if the estimate of time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for or credit the payment in a timely manner, or for any other circumstances beyond the control of HFS FEDERAL CREDIT UNION. The credit union will attempt to notify you by telephone on the Scheduled Initiation Date if a Bill Payment is not processed because there are insufficient funds available in your account. HFS FEDERAL CREDIT UNION is not responsible if we are unable to reach you, whether or not this is due to events beyond the control of the credit union. Moreover, to take advantage of this service, you must keep the credit union aware of any changes in current home or business phone numbers. In all cases, you are responsible for either making alternate arrangements for the payment, or rescheduling the payment through BillPayer. In no cases will we automatically resubmit a payment for you after funds have become available.

28 - Limitations on Services

a. Dollar Limitations. There is a dollar limit of $9,999.99 (or the available balance in your designated funding account, plus your overdraft line of credit available balance if applicable, whichever is less) on any payment.

b. Available Funds Required. All bill payments initiated through BillPayer are subject to there being sufficient funds available in the affected account to cover the transfer on the Scheduled Initiated Date or earlier.

29 - Stopping or Modifying BillPayer Authorized Payments

Payments Designated as "Today" transactions cannot be stopped, cancelled, or changed once your BillPayer session is terminated. Except as stated below, in order to request a stop payment or change a BillPayer transaction designated as "Future" or "Recurring", you must use BillPayer and follow the instructions provided. You must cancel the payment using BillPayer by 12:00 midnight of the day before the scheduled processing day. You understand we will only accept a verbal or written notice to stop a BillPayer transaction if it relates to a payment designated as "Recurring" and only if the notice is received at BillPayer Customer Service (at the address and phone number listed in paragraph 33 of this Agreement and Disclosure) no later than three business days before the scheduled date of the payment. If you call, we may also require you to put your request in writing and get it to us within fourteen days after you call. The notice must detail whether the cancellation applies to only one of the recurring transactions, or all transactions in the recurring stream.

You understand that your written notice will only be accepted at the address and phone number listed in paragraph 33 of this Agreement and Disclosure.

If you request a cancellation of a transaction as set forth above and we do not do so, we may be liable for the damages caused as explained in paragraph 34.

30 - Authorization to Charge Accounts

You authorize us to charge your designated account(s) for any transactions accomplished through the use of BillPayer, including the amount of any bill payment that you make, and any charges for the service. You understand that in adding a payee or maintaining a payee list, even if no payments are scheduled, you are electing to use the BillPayer bill payment service and herefore will be charged accordingly. You authorize us to process bill payments according to the instructions we receive if the instructions are received from you through BillPayer. You authorize us to initiate any reversing entry or reversing file, and to debit your accounts at HFS FEDERAL CREDIT UNION or elsewhere, in order to correct any mistaken credit entry. You understand that if a bill payment request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary. Further HFS FEDERAL CREDIT UNION and other financial institutions to which a bill payment request if forwarded may rely on any HFS FEDERAL CREDIT UNION identification number supplied by you as a means to identify HFS FEDERAL CREDIT UNION, even if the identification number is different than the institution named by you. Your obligation to pay the amount of the bill payment to HFS FEDERAL CREDIT UNION is not excused in such circumstances.

31 - Fees

a. Monthly Service Fee. We will charge you a monthly service fee for use of BillPayer. We will automatically deduct the service fee from your primary checking account on the last day of the month or statement cycle, unless a different date is agreed to. We will continue to charge your account monthly on the same day (or the next business day if the due date falls on a weekend or holiday), until the service is discontinued.

b. Applicable to All Fees and Charges. If you do not have sufficient funds in your account on the date the fee or charge is payable, you authorize us to automatically deduct the payment from your account as soon as funds are available.

32 - Liability for Failure to Make Payments

If we do not send a payment or make a transfer on time, or in the correct amount according to your instructions given in accordance with this Agreement and Disclosure, we may be liable for damages caused. However, there are some exceptions. We will not be liable, for instance, if:

  • Through no fault of ours, your designated funding account does not contain sufficient funds to make the payment or transfer.
  • The payment or transfer would go over the credit limit on your overdraft line of credit.
  • The equipment, ATM network, phone lines, or computer systems were not working properly or were temporarily unavailable.
  • Circumstances beyond our scope of control, such as fire or flood, prevented the payment or transfer, despite reasonable precautions that we have taken.
  • A court order or legal process prevents us from making a transfer or payment.
  • You have previously reported your ATM card lost or stolen, or if we have a reasonable basis for believing that unauthorized use of your Access Code or Password, or designated account have occurred or may be occurring or if you default under any agreement with us or if we or you terminate this Agreement.
  • The payee does not process a payment correctly, or in a timely manner.

There may be other exceptions stated in our agreement.

If any of the circumstances listed in subparagraph c. or d. shall occur, we shall assist with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct transactions that have incorrectly been processed.

33 - In Case of Errors or Questions

You should direct your inquiries to us by telephone about your Electronic Transfers and Payments at

(808) 930-1400 or toll free (800) 216-2666
(888) 643-3888 for MasterCard Debit and HFS Share Card after hours and holidays.

or write to:

HFS Federal Credit Union
632 Kinoole Street
Hilo, HI 96720-3894

Fax: (808) 935-2091

As soon as you can, if you think that your Deposit Account Statements are wrong or if you need more information about a transfer or payment listed on your Deposit Account Statements or appearing on the Deposit Account screens of the Service. We must hear from you no later than sixty (60) days after we sent the FIRST Deposit Account Statement on which the problem or error appeared you should:

  • Tell us your name and the numbers of your affected Deposit Accounts.
  • Describe the error or transfer or payment 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) 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 re-credit your Deposit Accounts within ten (10) Business 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 do not receive it within ten (10) Business Days, we may not re-credit your Deposit Accounts. If we decide there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of documents that we used in our investigation. If we re-credited your Deposit Account, we will also notify you that the re-credit has been reversed and that we will honor up to the amount in dispute, without imposing any overdraft charges. Any checks, drafts or other similar paper instruments drawn on your Deposit Accounts and, if applicable, any pre-authorized electronic fund transfers from your Deposit Accounts for a period of five (5) Business Days after our notice of reversal is sent to you.

34 - Termination

You may terminate your use of the Service by providing us with ten (10) Business Days prior written notice at the address listed in Paragraph 33 above. We may terminate your use of the Service, in whole or in part for any reason, at any time without prior notice. Your access to the Service may, for example, be terminated if your Accounts are closed for any reason, there are insufficient funds in your Accounts and you do not have an Overdraft Protection Account, if no bill payment activity occurs during a 6-month period, or if access to your Accounts is restricted for any reason. Termination will result in a loss of transaction history information about your Accounts stored on the Service.

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This Credit Union is federally insured
by the National Credit Union Administration