Suncoast Credit Union’s Mobile Banking Application Access Agreement and Disclosures

This Online Access Agreement and Disclosures (the “Agreement”) governs the use of Suncoast Mobile Banking, eNotifications, Account eStatements, Credit Card eStatements, Online ACH, and all other features and functionality delivered through Suncoast Credit Union Mobile Banking Application together referred to as the "Service," provided by Suncoast Credit Union. By selecting the “I Agree” box/button below, you agree to the terms of this Agreement.

Definitions. As used in this Agreement, "account" and "accounts" mean the Credit Union account(s) tied to your member identification number used through the Service to conduct banking services. "Loan account" and "loan accounts" mean any loan you have with the Suncoast Credit Union. “I,” "You" and "your" mean the person(s) using the Service. ” We”, “our”, “us” and "Credit Union" refer to Suncoast Credit Union. The “mobile banking application” refers to Suncoast Credit Union Mobile Application.

Deposit Agreement

In addition to this Agreement, your accounts are also governed by our Account Agreement and Disclosures and other agreements between you and us now and hereafter in effect, including, without limitation, our Electronic Funds Transfer Agreement and Disclosure, and our Fee Schedule (together, the “Account Agreement and Disclosures”). However, in the event of a conflict, the terms and conditions of this Agreement shall supersede the terms and conditions of the Deposit Agreement with respect to the Service.

Electronic Records

You specifically consent and agree that we may, in our sole discretion, provide all disclosures, agreements, contracts, periodic statements, receipts, modifications, amendments, notices, tax forms and reports, adverse actions notices and all other evidence of our transactions with you or on your behalf electronically (hereinafter all such documentation is referred to as "electronic record(s)"), including, without limitation, this Agreement. You understand that electronic records may include information about you and your account, including, but not limited to, your name, address, account numbers, check numbers and balance information. We may provide you any or all electronic records at the e-mail address provided to us or we may post any or all electronic records in our mobile banking application or SunNet home banking site (“SunNet”). If we post electronic records within the mobile banking application or SunNet, we will send a notice to you within the mobile banking application or SunNet, alerting you of the posting of such records. If we send a notice to you within the mobile banking application or SunNet, you will not receive a separate e-mail alerting you of the posting of such records; you must log in to the mobile banking application or SunNet from time to time to receive such notices.  You agree that you will log in to the mobile banking application or SunNet at least once every 30 days to ensure you receive such notices.  If we post electronic records in the mobile banking application or SunNet, the electronic records will remain available for at least ninety (90) days. We reserve the right to send any or all records to you in paper form to your current postal mailing address in our file.

You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. You may withdraw your consent and revoke your agreement to receive records electronically. To request a paper copy or to withdraw your consent and agreement to receive electronic records, write us at: Suncoast Credit Union, Mail Code MSS001, P.O. Box 11904, Tampa FL 33680, by telephone at 800-999-5887 or by any other reasonable means. A fee to cancel this service or to request paper copies of these electronic records may be imposed as set forth in your Fee Schedule.

"E-mail" Communication: You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim, or damages arising or in any way related to our response(s) to any e-mail or other electronic communication which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the e-mail address on file. Any e-mail returned to us as undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid.  Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction.

Required Equipment and Software

In order to use the mobile banking application, (in this Agreement, your smart phone device, tablet or other technology and the related equipment are referred to together as your "Device") with capability to run a downloadable application onto the device (current version plus previous two versions of major browsers -  Microsoft Edge, Firefox, Safari, Chrome), a member number, and password. You can create a unique user identification after you log in using a member number, and password. The password is the confidential identification you use to access your account(s) through the mobile banking application. You are responsible for the installation, maintenance, and operation of your Device, browser and the software. Suncoast Credit Union is not responsible for any errors or failures from any malfunction of your Device, the browser or the software. Credit Union is also not responsible for any Device virus or related problems that may be associated with the use of an online system. By requesting any electronic funds transfers, internet banking, other electronic records, services or transactions, by submitting any application or agreement to us electronically or by e-mailing us, you represent that you have such equipment and software that you can download, access, read, review, print and store the electronic records we provide to you.

Account Service

To use the mobile banking application, you must have at least one personal share account and a password. Through the mobile banking application, you will have access to any of your Credit Union share/deposit accounts or loan accounts.  Credit Union reserves the right to deny access to a share/deposit account or loan account or to deny transactions under certain circumstances.

Description of Suncoast Credit Union Mobile Application

The Service allows you to perform some or all of the following functions from your Device:

Online Account Access Functions and Limitations of Transfers

You may use the mobile banking application to:

1. transfer funds between your accounts;
2. obtain account balances;
3. obtain history and transaction information on your accounts;
4. obtain loan account balance information;
5. profile viewing and editing;
6. apply payments toward your credit card;
7. card control – turning debit and credit card on and off;
8. opening accounts;
9. apply for a loan (credit card, consumer loan, and mortgage); and
10. set account alerts

These features are limited to the extent, and subject to the terms, noted below.

1. Your ability to transfer funds between certain accounts is limited by federal law and the Deposit Agreement. You should refer to the Deposit Agreement for legal restrictions and service charges applicable for excessive withdrawals or transfers. Transfers made using the mobile banking application are counted against the permissible number of transfers described in the Account Agreement and Disclosures.
2. There may be at least a one-business day delay in transferring funds between your accounts. Except as provided in this Agreement, all mobile banking application transaction instructions received by 4:00 p.m. Eastern Standard Time will be completed that business day. Any instruction received after 4:00 p.m. Eastern Standard Time will be completed the next business day.
3. Transactional information for your accounts will be available in the mobile banking application for a maximum of three statement cycles from the date of inquiry.

Business Days

For purposes of this Agreement, our "business days" are Monday through Friday, excluding published holidays.

A2A Transfer Service

Definitions

External Account – refers to a non-Suncoast account, or an account at another financial institution.
External Transfer – refers to the transfer of funds from or to a non-Suncoast account.

Description

Account to Account transfers and transfers between your Suncoast accounts (“Transfer Service”) lets you transfer funds:

• From your Suncoast checking and/or savings accounts to your accounts at other United States financial institutions (“Financial Institutions”); and
• From your accounts at other Financial Institutions to your Suncoast checking and/or savings accounts.
  If your Suncoast Accounts and/or Service are terminated for any reason, you will have no further right or access to use the Transfer Service.

Information Authorization for non-Suncoast Accounts
We may validate the External Accounts that you add to the Transfer Service. You authorize us to validate the non-Suncoast Accounts in a manner selected by us, including through the use of login credentials from a non-Suncoast Account,

Accounts

By using the Transfer Service, you represent and warrant to us that:

• You own or are an authorized signer (with full rights to make all transfers and withdrawals of any sort) on the Account held with us and at the non-Suncoast Financial Institution;
• Your Account at the non-Suncoast Financial Institution is a United States account;
• Your Account and applicable law permit transfers;
• You have the right to authorize and permit us to access your Accounts to complete such fund transfers or for any other purpose authorized by this section;
• By disclosing to us and authorizing us to use Account information and complete the transfer you are not violating any third-party rights; and
• The information you provide to us is true, current, accurate and complete.

You authorize and permit us to use the information you submit to make transfers and to configure the Transfer Service to be compatible with the Accounts.

Not all types of accounts are eligible for Transfer Services. We may decline the use of any Account that we believe may present a risk to you and/or us. Be sure to check with your Financial Institution for restrictions regarding transfers among your accounts.

Cut-Off

All mobile banking application A2A transaction instructions received by 4:00 p.m. Eastern Standard Time will be completed that business day. Any instruction received after 4:00 p.m. Eastern Standard Time will be completed the next business day.

Transfer Types and Limitations

Type of Transfers. We may add new features to the Transfer Service, including a next-day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. We may at any time decline a funds transfer that we believe may violate applicable law of regulation.

Frequency of Transfers. We do not limit the number of fund transfers you may make; however, the account agreement for the relevant Account may provide transfers limits. For security and risk management reasons we may modify the limit, the frequency, and the dollar amount of transfers you can make using our Transfer Service. The limits on the frequency and dollar amount of transfers are solely for the protection of Suncoast Credit Union.

Dollar Amount of Transfers. You may not make fund transfers in excess of dollar limits for the Transfer Service. We reserve the right to change the dollar amount of fund transfers you are permitted to make using our Transfer Service. In the event that your use of the Transfer Service has been suspended and reinstated as provided below (see Section Suspension, Reinstatement, and Termination), you understand and agree that your use of the Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us.

The maximum amount of a single outbound Transfer is $1,000.00.  The maximum amount of a single inbound transfer is $1,000.00.  The daily limit for all outbound Transfers is $1,000.00.  The daily limit for all inbound Transfers is $1,000.00.    The monthly limit for all outbound Transfers is $5,000.00.  The monthly limit for all inbound Transfers is $5,000.00.

Transfers subject to the Rules of the Accounts. All fund transfers are subject to the rules, laws, and regulations governing the relevant Accounts. You may not initiate any fund transfers from or to any Accounts that are not allowed under the rules, laws, or regulations applicable to such Accounts including rules, laws, or regulations designed to prevent the transfer of funds in violation of the Office of Foreign Assets Control (OFAC) regulations.

Failure or Rejection of Transfers. Upon learning that the fund transfer could not be completed, we may, but are not required to, make a reasonable effort to complete the transfer again. If the fund transfer fails, we will notify you to contact your non-Suncoast Financial Institution to learn more about the failure.

We reserve the right to decline: (i) any fund transfer, (ii) to submit fund transfer instructions or orders, or (iii) to carry out change or cancellation requests.

You represent and warrant to us that you have enough money in the non-Suncoast Accounts to make any fund transfer you request that we make on your behalf through the Transfer Service. If we receive a transfer request against your Account and there are not enough available funds in your Account to cover the transfer, we may at our sole discretion:

• Cover the transfer in accordance with the terms of any written overdraft protection plan that you and we have established;
• Cover the transfer and create an overdraft to your Account; or
• Decline the transfer.

We may make this decision regardless of whether we may have previously honored or dishonored overdrafts. Fees may vary depending on the action we take. Any negative balance on an Account with Suncoast is immediately due and payable, unless we agree otherwise in writing, and you agree to reimburse us for the costs and expenses (including attorney fees and expenses) we incur in recovering the negative balance (including overdraft and associated fees).

Your Right to Cancel a Transfer. Payments that are in the process cannot be cancelled or stopped. When the Transfer Service offers recurring and/or future on-time transfers, you may cancel any transfer if you complete the request before the process date of the one-time transfer or the next scheduled recurring transfer. For recurring transfers, you may cancel only the next scheduled transfer or the entire recurring transfer schedule. After the entire recurring transfer schedule is cancelled, all future transfers will be cancelled, and you must reschedule it if you want transfers to be made in the future.

You may cancel a transfer by logging on to the Transfer Service.

Authorization

You agree that your transfer instructions are the authorization for us to complete the funds transfer. You authorize us to select any means to execute your fund transfer instructions, such as the Automatic Clearing House (ACH). You will be bound by the rules, laws, and regulations that govern the applicable fund transfer systems, such as ACH rules as published by the National Automated Clearinghouse Association (Nacha), or Article 4A of the Uniform Commercial Code.

We will make all reasonable efforts to process your transfer requests in a timely manner; however, we reserve the right to hold funds pending settlement or for such period of time as we deem necessary, in our sole discretion, to cover items which may be returned unpaid. For Suncoast Accounts, any interest earned on such funds during the hold period will remain the property of Suncoast.

To complete your funds transfer we may utilize ACH transfers, which will result in a debit to one of your Accounts and a credit to another of your Accounts. All Suncoast ACH transfers go through a Suncoast transfer account. Suncoast typically holds funds for 2 Business Days to make sure that the item will not be returned unpaid before we credit your Account. If the ACH transaction is returned for any reason and the payment has been credited to your Account, you authorize us to debit your Account, in whole or in part, for the amount of the returned item and for any returned item fee.

Suspension, Reinstatement and Termination

Without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the External Transfer Service, immediately and without prior notice to you, if we incur a problem with your use of the External Transfer Service. We may do so if, for example, there is a failure in attempting to debit any of your Accounts or to collect any of your fund transfers as described above. You understand and agree that such an action is reasonable for us to take in order to protect Suncoast from loss.

In our sole discretion, we may grant to deny reinstatement of your use of the External Transfer Service. If we agree to reinstate you, we may initially reinstate your External Transfer Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions. Based upon your subsequent usage of the External Transfer Service, we may restore your ability to complete transfers subject to such higher limits as may then be in effect.

Subject to applicable law or regulation, we may terminate your right to use the External Transfer Service at any time and for any reason, including if in our sole judgement we believe you:

• Engaged in conduct or activities that violate any of the terms of this Agreement or our rights; or
• Provided us with false or misleading information; or
• Interfered with other users or the administration of the External Transfer Services.

Account Number Policy

If the instructions for a transfer under the External Transfer Service identify a Financial Institution by name and account number, we or the relevant Financial Institution may execute those instructions by reference to the account number only, even if the account number does not correspond to the name. You agree that neither we nor the relevant Financial Institution will have a responsibility to investigate discrepancies between names and account numbers.

Your Responsibility for Errors

We must rely on the information you provided, and you authorize us to act on any instruction, which has been or reasonably appears to have been sent by you or your Authorized Representative, to submit fund transfer instructions on your behalf. Financial Institutions receiving the fund transfer instructions may rely on such information. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. If you or your Authorized Representative provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities, or fraud in the information that you provide. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, we may recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

We are not responsible for errors, delays, and other problems caused by or resulting from the action or inaction of Financial Institutions holding the non-Suncoast Account, unless otherwise required by law or regulation. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays, or other problems are the responsibility of the relevant Financial Institution. Any rights you may have against a Financial Institution for such errors, delays, or other problems are subject to the terms of the agreements you have with such Financial Institution, including any time limits during which complaints must be made.
 

Our Liability

If we do not provide a fund transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable fund transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account.

We are not liable for any costs, fees, losses or indirect, special, or consequential damages of any kind incurred as a result of:

• Our debit and/or credit or inability to debit and/or credit the accounts in accordance with your fund transfer instructions; or
• Inaccuracy, incompleteness, or misinformation contained in the information retrieved on the accounts; or
• Fund transfer limitations set by the non-Suncoast Financial Institution or by applicable law or regulation; or
• Not enough money in your Account to make the fund transfer; or
• System failures at a non-Suncoast Financial Institution and we are unable to complete the transfer; or
• Third party causes, including your non-Suncoast Financial Institution.

Security Procedures. The Financial Institution at which your account is maintained may contact us to verify the content and authority of fund transfer instructions and any changes to those instructions. In connection with the Transfer Service, we may provide to that Financial Institution such information as may be required to verify the instructions, and the verification may constitute a valid security procedure under the rules governing that Account.

Deviating from Security Procedures. You permit us to authorize your non-Suncoast Financial Institution to accept funds and transfer instructions in accordance with any authorization procedures you and such Financial Institution have agreed upon, or that we, on your behalf, and such Financial Institution have agreed upon, without verifying the instructions under the established security procedures, regardless of whether you agreed to the security procedures or we agreed on your behalf. In addition, we may authorize such Financial Institution to debit your Accounts based solely on these communications.

Additional Provisions for Business Accounts. The provisions in this Section apply only to transfers to and/or from business accounts. You agree that the password security described in the Agreement and in this Section sets forth security procedures for fund transfers that are commercially reasonable. To the extent that any transfer requests to and/or from business accounts, which are subject to Article 4A of the Uniform Commercial Code (‘UCC 4A”), you agree that we are liable only for damages required to be paid under UCC 4A. In no event will we be liable for any special, indirect or consequential loss, damage, costs or expense of any nature, including lost profits, even if we have been informed of the possibility of such damage, except as may be required by law or regulation.

Our Liability for Failure to Complete Transactions 

If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

• If, through no fault of ours, you don’t have enough available funds in your account to cover the transaction or transfer; 
• If a Service wasn't working properly, and you knew about the malfunction when you started the transaction or transfer; 
• If circumstances beyond our control (such as fire or flood) prevent the transaction or transfer, despite reasonable precautions we've taken; 
• If there are postal delays or processing delays by the biller;
   

There may be other exceptions not specifically mentioned.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE OTHER THOSE EXPRESS SET FORTH IN THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT OR WHETHER THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN TO US.

You must have an ACTIVE checking or savings account with Suncoast Credit Union to participate in Transfer Services.

Periodic Statements

Transfers and withdrawals made through any ATM or POS terminal, debit card transactions, audio response transactions, preauthorized EFT’s or online/PC transactions will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly. 

Password and Security

You agree not to give or make available your password to any unauthorized individual. If you believe your password has been lost or stolen, someone has attempted to use the mobile banking application without your consent, your account(s) or loan accounts have been accessed, or someone has transferred money without your permission, you must notify Credit Union immediately (see Contact Information below).  Credit Union does not maintain a record of your password. If you lose or forget your password, you may reset your password in the mobile banking application.

Your Liability for Unauthorized Transfer.

Tell us AT ONCE if you believe your account information and/or password have been lost or stolen. Telephoning is the best way of keeping your losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit and open-end credit). If you believe your account information and/or password has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your account information and/or password without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of your account information and/or password, and we can prove we could have stopped someone from using your account/and or password without your permission if you had told us, you could lose as much as $500.00.

Also, if your Statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the Statement was sent 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 told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.

If you believe your account information and/or password been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:

(813) 621-7511
(800) 999-5887

or write to:

Suncoast Credit Union
Attn: Error Resolution Dept.
PO Box 11904
Tampa, FL 33680
Fax: (813) 664-0931

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

Errors and Questions (Consumers Only)

In Case of Errors or Questions About Your Electronic Transfers

Send us a secure message, telephone us at (813) 621-7511 or (800) 999-5887, or write us at Suncoast Credit Union, Post Office Box 11904, Tampa, Florida 33680 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

1. Tell us your name and account number.
2. Describe the electronic 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.
4. Tell us the date of occurrence.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your account 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 us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We 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 we used in our investigation.

Disclosure of Account Information to Third Parties 

We will disclose information to third parties about your Account or transfers you made:

• When it is necessary to complete the transfers;
• In order to verify the existence and conditions of your Account for a third party, such as a credit bureau or merchant;
• In order to comply with a government agency or court orders; or
• If you give us written permission.

To protect you, we may use tools and services provided by third-parties to help us decide whether to accept submissions from personal computers, mobile phones, or other devices. These third-party providers may check whether user devices have been identified with fraudulent or abusive transactions in the past, such as reported instances of identity theft, account takeovers, or malware attacks. For this purpose, a cookie, flash storage token, or other code file may be placed on your device to identify it in the future when you visit our website or connect with our other online applications. If you set your browser or device to reject these cookies or tokens, you may not be able to access some features of our website or other online applications.

When you access our website or other online applications, we will transmit this third-party device identification code to the third-party provider, along with data concerning certain technical attributes of your device such as the model, operating system, and browser version, as well as the IP address (all of which are used to confirm device identification). We may then receive information from these third-party providers indicating that submissions from a user’s device should not be accepted. We may also inform such third-party providers if we determine that a device has been used in connection with a fraudulent or abusive transaction with us. In addition, in certain situations, we may share with one or more of these third-party providers certain personal identifying information and information about the device you are using. If you receive a message from us indicating that a requested submission has not been processed, we will provide appropriate member service contact information.

Data Recording

When you access the mobile banking application to conduct transactions, the information you enter may be recorded. By using the mobile application, you consent to such recording.

No Signature Required

When using the mobile banking application to conduct transactions, you agree that the Credit Union may debit your account to complete the transactions, or honor debits you have not signed.

Charges

You will not be charged for the "view accounts", or "transfer funds" features of the mobile banking application. eNotices as well as eStatements are FREE. NOTE: Your accounts and loan accounts are still subject to the fees, charges, balance requirements, etc. articulated in the Account Agreement and Disclosure and Loan Agreement.

Amendments

The terms of this Agreement, applicable fees, and service charges may be changed or amended by Credit Union from time to time. In such an event, Credit Union shall send notice as required by law to you either at your address as it appears on Credit Union records or on-line notice through the mobile banking application. Any continuation of the mobile banking application after Credit Union sends you a notice of change will constitute your agreement to such change(s). Further, Credit Union may, from time to time, revise or update the Credit Unions mobile application, services, and/or related material(s) rendering such prior versions obsolete. Consequently, Credit Union reserves the right to terminate this Agreement as to all such prior versions of the Credit Union mobile banking application, services, and/or related material(s) and limit access to Credit Union's more recent versions and updates.

Address Changes

You agree to promptly notify Credit Union of any address change. We may require an address change to be provided in writing.

Termination or Discontinuation

The use of the mobile banking application does not require enrollment on your behalf, therefore, termination of the mobile banking application by you is done by not accessing or using the Service. However, any transactions or payments you have previously authorized will be completed as instructed. We may terminate any Service at any time without your consent or notice to you except as required by applicable laws and regulations.Neither termination nor discontinuation shall affect your liability or obligation under this Agreement.

Payee Limitation

The Credit Union reserves the right to impose a frequency or dollar limit on or refuse to make any payment you have directed. Credit Union is obligated to notify you promptly if it decides to refuse to complete your payment instruction. This notification is not required if you attempt to make payments, which are prohibited under this Agreement.

Assignment

You may not assign this Agreement to any other party. Credit Union may assign this Agreement to any present or future, directly or indirectly, affiliated company. Credit Union may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver

Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Credit Union. No delay or omission on the part of Credit Union in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Governing Law

This Agreement is governed and shall be construed in accordance with the laws of the State of Florida, excluding its choice of law rules. In the event legal action is necessary to enforce this Agreement, the prevailing party has the right to payment by the other party of reasonable attorney’s fees and costs, including any appeal and post-judgment actions, as applicable. Except as prohibited by applicable law, you and Credit Union agree that such legal action shall be filed and heard in Hillsborough County, Florida. Any disputes regarding this Agreement shall be within the jurisdiction of the courts of Hillsborough County, Florida. Failure or delay in enforcing any right or provision of this agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of an existing breach. If any provision of this Agreement shall be held to be unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions of this Agreement will remain in full force and effect.

Authorized Transactions

When you give someone your password, you are authorizing that person to use your service, and you are responsible for all transactions the person performs using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized.

Transactions that you or someone acting with you initiate with fraudulent intent are also authorized transactions.

For your protection, sign off after every online session and close your browser to ensure confidentiality.

Preauthorized Payments

Right to stop payment and procedure for doing so. 
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here's how:

Call us at 813-621-7511, or write us at P.O. Box 11904, Tampa FL 33680, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. (We will charge you $29.00 for each stop-payment order you give.)

Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you,10 days before each payment, when it will be made and how much it will be.

Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for losses or damages.

EXCLUSION OF WARRANTIES. CREDIT UNION IS PROVIDING THE SERVICE "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. CREDIT UNION DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE, OR THAT ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL CREDIT UNION BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SERVICE, WHETHER INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF CREDIT UNION HAS BEEN ADVISED OR MAY OTHERWISE KNOW OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS REQUIRED BY APPLICABLE LAW, IF ANY LIABILITY IS IMPOSED ON CREDIT UNION, CREDIT UNION’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE. THE FOREGOING SHALL CONSTITUTE CREDIT UNION’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER.

Electronic Signature:  By selecting the "I Agree" button below, you consent and agree that selecting the “I Agree” button along with your entry of your mobile banking application login and access code/password to access this page constitute your signature, acceptance and agreement to and of the Suncoast Credit Union Mobile Banking Application Statement on this page and all terms and conditions therein as if actually signed by you in writing.  Further, you agree that (a) no further certification authority or other third-party verification is necessary to the validity of your electronic signature, and (b) the lack of such further certification or third-party verification will not in any way affect the enforceability of your signature or any resulting contract between you and Suncoast Credit Union.  

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