Untitled Document

Cyber Connection Bill Pay Agreement & Disclosure
Regulation E Disclosures on Electronic Funds Transfers

This Agreement and Disclosure provides information about the Cyber Connection Bill Pay service and contains the disclosures required by the Electronic Funds Transfer Act.

For the purpose of this document, “Credit Union” shall refer to the Dow Chemical Employees’ Credit Union at which the Depositor ("You") has the checking account accessed through Cyber Connection Bill Pay. All references to time of day in this Agreement and Disclosure refer to Eastern Standard Time.

You are responsible for complying with all terms of this Agreement and Disclosure and the regulations governing the account(s) which you access using Cyber Connection Bill Pay. The regulations governing your account(s) are set forth in the Credit Union’s Account Agreement and Disclosures, a copy of which is available at our office.

Cyber Connection Bill Pay Service
Cyber Connection Bill Pay is an electronic bill payment service offered as an extra convenience to members of the Credit Union. You may access Cyber Connection Bill Pay using a personal computer (PC) with an Internet connection. Cyber Connection Bill Pay can be accessed through the Credit Union’s home banking service, Cyber Connection, from their website (www.dcecu.org.)

You may use Cyber Connection Bill Pay virtually any time, day or night, 7 days a week. However, Cyber Connection Bill Pay may be temporarily unavailable due to record updating or technical difficulties. In addition, access to Cyber Connection Bill Pay is made available pursuant to a license agreement by and between Dow Chemical Employees’ Credit Union and a third party service provider. Any interruption of service or access caused by our third party service provider will also prevent your use of the service. To utilize the services, you will need to enroll as a Cyber Connection user and satisfy the system’s security procedures. The Bill Pay service is accessible only through Cyber Connection.

Customer Service
Cyber Connection Bill Pay Customer Service can be reached 24 hours a day (excluding holidays) online or by calling (800) 368-9089, toll-free. For any unresolved problems, contact the Credit Union at (989) or (800) 835-7794 for our Member Contact Center. Please allow up to 10 days for error resolution.

Designation of Primary Checking Account
In order to use Cyber Connection Bill Pay, you must have a checking account with the Credit Union. The checking account must be designated as your “primary” account and will be treated as your Primary Checking Account for transactions accomplished through Cyber Connection Bill Pay.

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

1) “Today.” If you designate a payment as a “Today” transaction, sufficient funds must be available on the day and at the time you request the “Today” transaction. “Today” Bill Payments may not be cancelled or modified for any reason once you have ended a Cyber Connection Bill Pay session, as funds are immediately deducted from your Primary Checking Account.

2) “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 Send On Date. The Send On Date will be the effective date you entered, or the next business day should the date fall on a weekend or holiday. Sufficient funds must be available by midnight of the night before the Send On Date, but will be deducted from your designated account on the Send On Date. “Future” transactions may be cancelled or modified until 12:00 midnight of the night before the Send On Date.

3) “Recurring.” If you designate a Bill Payment as a “Recurring” transaction, you may request, and the Credit Union will use, a Send On 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 Send On Date, but will be deducted from your designated account on the Send On Date. “Recurring” transactions may be cancelled or modified until 12:00 midnight of the night before the Send On Date.

In each case the Send On Date is the date funds will be deducted from your Primary Checking Account, (or the next business day should the date fall on a weekend or holiday.) The payment is remitted on the next business day. You must schedule your Send On Date 2 days in advance for electronic payments and 5 days in advance for non-electronic payments from the due date of your bill. Cyber Connection Bill Pay provides an indication of how many days to allow for each payee you designate.

Bill Payments
1) Account Designation and Payees. Bill Payments you make through Cyber Connection Bill Pay will be deducted from your primary checking account. You may utilize Cyber Connection Bill Pay service to make bill payments to a maximum of 250 payees. Any payee you wish to pay through Cyber Connection Bill Pay must be located in the United States and payable in U. S. dollars. Each payee must appear on the payee list you create/select using the Cyber Connection Bill Pay service and the account you are paying with must be in your name. You may not use Cyber Connection Bill Pay to make payments to a federal, state or local governmental or tax unit, or to other payee types that the Credit Union establishes from time to time. For a list of currently excluded payees, please refer to the Cyber Connection Bill Pay Help section.

2) Processing. Funds will be taken out of your Primary Checking Account on the Send On Date entered by you. In many cases, your bill payments are electronically delivered to the payee within two business days of the Send On Date. However, some payees are not set up to accept electronic payments. In these cases, a check will be sent, which may take up to five business days to process and deliver to the payee. Cyber Connection Bill Pay provides an indication of how many days to allow for each payee you designate. You must allow sufficient time (2 or 5 business days, as indicated) for Cyber Connection Bill Pay 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, Cyber Connection Bill Pay Customer Service will assume responsibility of late fees and/or finance charges associated with the late posting of a payment.

The 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. The 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 the Credit Union.

Cyber Connection Bill Pay Customer Service will attempt to notify you, via an e-mail message in bill pay, on the Send On Date if a Bill Payment is not processed because there are insufficient funds available in your account. A second attempt to process your request will be made on the following business day. A second e-mail will be sent if a Bill Payment is not processed because there are insufficient funds available in your account. The Credit Union is not responsible if Cyber Connection Bill Pay Customer Service is unable to reach you, whether or not this is due to events beyond the control of Cyber Connection Bill Pay Customer Service. Moreover, to take advantage of this service, you must keep the Credit Union aware of any changes in your current home address, e-mail address and/or home or business phone numbers. In all cases, you are responsible for either making alternate arrangements for the payment, or rescheduling the payment through Cyber Connection Bill Pay.

Authorization To Charge Accounts
You authorize the Credit Union to charge your Primary Checking Account for any transactions accomplished through the use of Cyber Connection Bill Pay, including the amount of any bill payment that you make, and any charges for the service. In adding a payee or maintaining a payee list, even if no payments are scheduled, you are electing to use the full Bill Payment service and therefore will be charged accordingly. The Credit Union currently does not charge for this service but, may begin charging upon prior written notice. You authorize the Credit Union to process Bill Payments and to transfer funds according to the instructions we receive if the instructions are received from you through Cyber Connection Bill Pay. You authorize the Credit Union and/or our third party service provider to initiate any reversing entry or reversing file, and to debit your accounts at the Credit Union or elsewhere, in order to correct any mistaken credit entry. 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 payee different from the named beneficiary. Your obligation to pay the amount of the bill payment to the Credit Union is not excused in such circumstances.

Limitations on Services
1) Dollar Amounts. There is a dollar limit of $25,000.00 (or the available balance in your Primary Checking Account, whichever is less) on any one payment.

2) Frequency. An unlimited number of Cyber Connection Bill Payments can be made each month. However, the Credit Union reserves the right to charge for bill payments in excess of 15 per month in the future upon prior written notice.

3) Available Funds Required. All bill payments initiated through Cyber Connection Bill Pay are subject to there being sufficient funds available in your Primary Checking Account to cover the transfer on the Send On Date or earlier as outlined in this agreement.

Documentation And Verification of Payments And Transfers
1) Confirmation Numbers. Upon completion of a transaction using Cyber Connection Bill Pay, a confirmation number will be given. You should record this number, along with the payee, scheduled date and transaction amount in your checkbook register (or other permanent record,) because this will help in resolving any problems that may occur. No printed receipts are issued through Cyber Connection Bill Pay.

2) Periodic Statements. Information concerning Cyber Connection Bill Pay transactions will be shown on your normal monthly statement for the account from which payments are made.

Stopping, Cancelling or Modifying Cyber Connection Bill Pay Authorized Payments
Payments designated as “Today” transactions cannot be stopped, cancelled, or modified once your Cyber Connection Bill Pay session is terminated. In order to cancel or modify a Cyber Connection Bill Pay transaction designated as “Future” or “Recurring,” you must use Cyber Connection Bill Pay and follow the instructions provided to you. You must cancel the payment using Cyber Connection Bill Pay by 12:00 midnight of the day before the Send On Date.

Payments processed electronically cannot be stopped after your account has been debited. However, if necessary, you may request a stop payment order be placed on paper checks issued for bill payments. The Credit Union’s third party provider will only accept a verbal or written notice to stop a Cyber Connection Bill Pay non-electronic payment if the notice is received in time to act on the order and includes sufficient information to identify the payment (i.e. your Credit Union account number, transaction date, dollar amount, payee, etc.) You understand that the exact information is necessary to properly stop the payment. If you give the incorrect or incomplete information, we will not be responsible for failing to stop payment on the check.

Stop payment order requests must be placed by calling (800) 368-9089 or by writing us at PO Box 1649, Midland, MI 48641-1649. The notice must be received three days prior to the date the preauthorized transfer is to occur. If you call, the Credit Union may also require you to put your request in writing and get it to the Credit Union within fourteen days after you call. If the stop payment order is not received in time for us to act upon the order, we will not be liable to you or to any other party for payment. A fee of $15.00 will be charged for each stop payment order.

Although payment of an item may be stopped, you may remain liable to any payee, including us. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney's fees, damages or claims related to our refusing payment of an item, including claims of multiple party, account owner, payee, or endorser in failing to stop payment of an item as a result of incorrect information provided by you.

Confidentiality
The Credit Union will disclose information to third parties about your account or the transfers you make: (1) where it is necessary for completing transfers, or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (3) in order to comply with government agency or court orders, (4) if you give us your written permission, or (5) as explained separately in the DCECU Privacy Notice and Disclosure.

Cancellation and Reactivation of Service
1) Cancellation By Member. Cyber Connection Bill Pay can be cancelled at any time by the primary accountholder by calling (989) or (800) 835-7794 or by writing to PO Box 1649, Midland, MI 48641-1649.

2) Cancellation By Credit Union. The Credit Union can terminate your Cyber Connection Bill Pay privileges without notice if you do not pay any fee required in this Agreement and Disclosure when due or if you are using this service in a manner inconsistent with the terms of this Agreement. The Credit Union also reserves the right to cancel your Cyber Connection Bill Pay access if you have not logged in to the service within a 60-day period.

3) Reactivation. Reactivation may be made possible by contacting the Credit Union at (989) or (800) 835-7794. The Credit Union reserves the right to charge a reactivation fee based on the current charge assessed by our third party service provider.

Service Fees
There is no activation fee charged to sign up for the Cyber Connection Bill Pay Service. At this time, the Credit Union will not assess a charge for this service as a benefit of membership. However, the Credit Union reserves the right to assess charges in the future if necessary or for bill payments in excess of 15 per month.
Occasionally you may require a copy of a check/draft. These may be obtained for a fee of $10.00 by calling Cyber Connection Bill Pay Customer Service at (800) 368-9089.

Applicable To All Fees and Charges
The Credit Union reserves the right to change the amount of service fees at any time. We will mail or deliver a written notice to you at least 21 days before the effective date of any change in fee amounts.

If you do not have sufficient funds in your account on the date the fee or charge is payable, you authorize the Credit Union to automatically deduct the charge from your account as soon as funds are available or from any other account you own at the Credit Union.

Security Procedures
If you are approved to use Cyber Connection Bill Pay, you will use your Cyber Connection password to access Bill Pay. The password is confidential and should not be disclosed to third parties. You are responsible for the safekeeping of the password. You agree not to disclose or otherwise make the password available to anyone not authorized to sign on your accounts.

You represent that you have considered the security procedures of the Cyber Connection Bill Pay service and find that the security procedures are commercially reasonable for verifying that a bill payment, is in fact, yours. In reaching this determination, you have considered the size, type and frequency of bill payments that you anticipate issuing to the Credit Union. If, in your judgment, the Cyber Connection security procedures are not commercially reasonable, or if the size, type and frequency of your transfers change, and the result is that the Cyber Connection security procedures cease to be commercially reasonable, you must inform us within 30 days.

Liability and Notice of Loss
Contact the Credit Union AT ONCE at (989) or (800) 835-7794 during business hours or (800) 368-9089 after business hours or write to Dow Chemical Employees’ Credit Union, PO Box 1649, Midland, Michigan 48641-1649, if you believe that your Cyber Connection Password has become known to an unauthorized person, or if you believe that someone has transferred or may transfer money from your account without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you notify the Credit Union within two business days, you can lose no more than $50.00 if someone used your Cyber Connection Password without your permission.

If you do NOT contact the Credit Union within two business days after you learn of the loss or theft of your Cyber Connection Password, and the Credit Union can prove that we could have stopped someone from using your Cyber Connection Password without your permission if you had notified the Credit Union, you could lose as much as $500.00.

Also, if your statement shows transfers that you did not make, contact the Credit Union at once. If you do not contact the Credit Union within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified the Credit Union in time.

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

You also agree to use the Cyber Connection Bill Pay service in the manner for which it was designed and to prevent any unauthorized use. You agree to accept liability for all transactions made through the use of the Cyber Connection Password pursuant to your authorized transfer of its possession. If any of your accounts are owned jointly with another person, that person has consented to your use of the service in transactions affecting the jointly owned account(s), to the transfer of funds from the jointly owned account(s) to other accounts in your name, and has further consented to your entering into this Agreement.

Contact in Event of Unauthorized Transfer
If you believe your Cyber Connection Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (989) or (800) 835-7794 or write Dow Chemical Employees' Credit Union, PO Box 1649, Midland, MI 48641-1649.

Credit Union Liability
If the Credit Union does not complete a Bill Pay transaction on time or in the correct amount according to our agreement with you, the Credit Union will be liable for your losses or damages. However, there are some exceptions. The Credit Union will not be liable, for instance:

1) If, through no fault of the Credit Union, you do not have enough money in your account to make the payment or transfer.

2) If the system, equipment, phone lines, or computer systems were not working properly or were temporarily unavailable and you knew about the breakdown when you started the transaction.

3) If circumstances beyond the Credit Union’s control (such as fire or flood) prevented the payment, despite reasonable precautions that we have taken.

4) If a court order or legal process prevents the Credit Union from making a payment.

5) If the Credit Union has a reasonable basis for believing that unauthorized use of a password, or designated account has occurred or may be occurring or if the member defaults under any agreement with the Credit Union or the Credit Union or member terminates this agreement.

6) If the payee does not process a payment correctly, or in a timely manner.
If any of the circumstances listed in subparagraph 2) or 3) shall occur, the Credit Union will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct transactions that have been incorrectly processed.
The Credit Union makes no warranties, expressed or implied, pertaining to the use of Cyber Connection Bill Pay.

Errors or Questions
In case of errors or questions about your Bill Payment transactions, telephone the Cyber Connection Bill Pay Customer Service at (800) 368-9089 or write to Dow Chemical Employees’ Credit Union, PO Box 1649, Midland, Michigan 48641- 1649 as soon as you can, if you think your statement is wrong or if you need more information about a Bill Payment transaction listed on the statement. The Credit Union must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

You must:
1. Tell the Credit Union your name and account number.

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

3. Tell the Credit Union the dollar amount of the suspected
error.

If you contact the Credit Union orally, you must put your question or complaint in writing and submit it to the Credit Union within 10 business days.

The Credit Union will determine whether an error occurred within 10* business days after we hear from you and will correct any error promptly.

If the Credit Union needs more time, however, we may take up to 45** days to investigate your complaint or question. If the Credit Union decides to do this, your account will be provisionally credited within 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 to complete the investigation. If you fail to put your complaint or question in writing within 10 business days, your account may not be credited.

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

* If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of 10 business days to investigate.
** If you give notice of an error within 30 days after you make the first deposit to your account, the credit union will have 90 days instead of 45 days to investigate.

Change In Terms
This agreement can be changed by us at any time. We will mail or deliver a written notice to you at least 21 days before the effective date of any change in a term or condition disclosed in this Agreement and Disclosure, if the change would result in increased fees or charges, increased liability for you, fewer types of available electronic fund transfers or stricter limitations on the frequency or dollar amounts of transfers, unless prior notice is excused by law.

Credit Union Business Days and Hours
For purposes of these disclosures, the Credit Union’s business days are Monday through Friday, 7:30 a.m. - 5:30 p.m., excluding holidays.

Regulatory Authority
If you feel the Credit Union has violated the law with respect to the use of Cyber Connection Bill Pay or Cyber Connection Password, you may notify either or both of the following regulatory authorities:

OFFICE OF FINANCIAL AND INSURANCE REGULATION
Credit Union Division
PO Box 30220
Lansing, Michigan 48909-7720

FEDERAL TRADE COMMISSION
Electronic Fund Transfers
Washington, D.C. 20580

Dow Chemical Employees' Credit Union
P. O. Box 1649
Midland, MI 48641 –1649
989.835.7794 or 800.835.7794
www.dcecu.org

Revised 1/5/06