Last Amended Date: July 29, 2015
2. General Description of Sprig. Sprig is software that is used by Credit Unions to allow their members and customers access to their Accounts and the Services available through Sprig as a convenience to them. Sprig is owned and operated by CU Cooperative Systems, Inc. dba CO-OP Financial Services (“CO-OP Financial Services”) which makes it available for use by the Credit Unions holding the Accounts as agent for and acting on behalf of these Credit Unions. Whenever you access the Services to conduct a transaction in your Account or whenever you access the Services to receive payments in your Account from a sender’s Account, you are using the Services of your Credit Union. CO-OP Financial Services acts as the agent for your Credit Union in a transaction by (i) taking information from you and creating your profile (as described below) when you enroll in Sprig and maintaining the profile for your Credit Unions so that the Services will be available to you for future transactions including sending and receiving payments, (ii) taking your instructions to conduct your transaction when you access the Services and transmitting your instructions to your Credit Union for your Credit Union to act on your instructions and authorize and complete the transaction, or (iii) receiving instructions from a Credit Union to make a payment to your Account from the sender’s Account and sending you instructions regarding how to accept the payment through the Services and transmitting the payment request to your Credit Union when you accept the payment. Each transaction you conduct in your Account and each payment you receive to your Account or pay to another Account through Sprig must be authorized by your Credit Union. Neither CO-OP Financial Services nor the software utilized in Sprig authorizes transactions in your Accounts or the receipt of payments to your Accounts or the Accounts of recipients of payments you make. We are an independent contractor for all purposes in our relationship with you. You do not deposit funds with CO-OP Financial Services to access the Services and CO-OP Financial Services does not receive or hold any of your or a sender’s or a recipient’s funds in connection with transactions occurring through Sprig. All funds you use to conduct transactions through Sprig are the funds held in your Accounts at your Credit Union that you enroll in the Sprig wallet. All funds that senders use to make payments to you are funds held in the sender’s Accounts at the sender’s Credit Union. For all transactions relating to your Accounts, you should refer to your Credit Union’s policies and disclosures concerning the funds in your Accounts.
4. Enrollment. Enrolling for Sprig to access the Services involves providing certain information about you and your Credit Union and your Accounts, as requested on the enrollment screens. This information is provided to your Credit Union for your Credit Union to confirm your identity at enrollment and to authorize transactions or receive payments made to you from senders’ Accounts.
6. Limitations on Transfers between Accounts You Own. All transfers between Accounts you own at the same or different credit unions are subject to limitations, if any, placed on the number and dollar amount as set by your credit union. Further, all such transfers may be subject to the Federal Reserve Board’s Regulation D limitations as determined by your credit union. We do not set limitations on transfers between accounts you own and we do not monitor transfers.
7. You Agree to the Following When Enrolling in and Accessing Sprig and the Services.
(a) You represent that you are of sufficient legal age to enroll in Sprig, to access the Services, and to create binding legal obligations for any liability you incur as a result of enrolling in Sprig and accessing the Services. Except as otherwise provided by applicable law, you understand that you are financially responsible for every access to the Services, including conducting transactions, by you and those who are authorized by you to use the data and information you provide to them to enable them to login to Sprig, access the Services, and conduct transactions including, without limitation, your password, verification information, name of your Credit Union, and Account information. You will only enroll in Sprig for yourself and not for any other person.
(b) If an Account is owned by more than one person or has more than one person authorized to transact business in the Account, you agree that each such person individually has the right to enroll the Account in the wallet, access the Services to conduct transactions in the Account including receiving and sending payments to and from the Account, transact business in the Account, provide us with instructions for transactions in the Account, make any decision, obtain any information, or make any request associated with the Account and Services, to the extent permitted by the agreement with your Credit Union covering the Account. Specifically, we may rely and act on the instructions of any such person without incurring liability to you. All transactions that such person performs in the Account or accessing the Services, including those you do not want or intend, are transactions authorized by you, and you are solely responsible for them and neither we nor your Credit Union are responsible for them. You further agree that any requirement of verifying two or more signatures on any Item, such as checks, will not apply to transactions conducted accessing the Services, and that we and the relevant Credit Union will have no liability for such transactions without the requisite verification. This means that any authorized signer on your Account is authorized by you to individually make a transfer or payment from the Account accessing the Services even though that person’s authority to otherwise make a transfer or withdraw funds by other means (e.g., check) must be exercised jointly with you or other persons. This provision controls and supersedes any conflicting provisions in any other agreements you may have with your Credit Union.
(c) You agree that all of the information you provide in the enrollment process and at all other times is accurate, current, complete, and true. You agree to notify your Credit Union and us at any time the information you provide is no longer current, accurate, complete, or true, and that it is your sole responsibility keep all such information promptly updated with us and your Credit Union. If you provide inaccurate, incomplete, or false information, or we or your Credit Union reasonably suspect that the information you have provided is inaccurate, incomplete, or false, your access to Sprig and the Services may be suspended or terminated without notice.
(d) You are responsible for maintaining the confidentiality of any information you provide during the enrollment process and at all other times including, without limitation, your password, enrollment data, other verification information established by you, name of your Credit Union and Account information, and all transactions and other activities that occur using your password, enrollment data, or other verification information and Account information, whether supplied to you by us or provided by you during the enrollment process. You assume full responsibility for the consequences of any unauthorized use of or access to the Services, or disclosure of any confidential information or instructions provided by you.
(e) You may not, and you agree not to, transfer or assign your access to Sprig or the Services to any third party.
(f) Without our written consent, you may not enroll in or access Sprig or the Services to operate or engage in any business regulated by the Financial Crimes Enforcement Network (“FinCen”), including the money services business. You may not enroll in or access Sprig or the Services to engage in any transaction involving virtual currency, including the purchase and sale of virtual currency or to provide a marketplace, broker, and/or exchange for virtual currency.
(g) You are responsible for any and all charges, including, but not limited to, fees associated with enrolling in or accessing Sprig and the Services, and those that are otherwise applicable to your Account(s) assessed by your Credit Union.
(h) You understand that balances provided for your Account(s) may not include recent or pending transactions (whether or not conducted accessing the Services) that have not yet posted to your Account, and that other restrictions and fees may apply.
(i) Sprig and the Services are provided for your convenience, and any information about your Accounts that you receive when accessing Sprig and the Services does not replace your periodic account statement(s) sent to you by your Credit Union, which is the official record of your Accounts. The Services do not provide periodic account statements as this is the responsibility of your Credit Union.
(l) You agree to immediately notify us and your Credit Union of any unauthorized use of your password or other verification information, or any other breach of security. In case of unauthorized access to your device or your telecommunications service or any other compromise of the security for your device that you use to access Sprig or the Services, you agree to immediately cancel your enrollment associated with the compromised device by calling support at 866.698.8896. We will not be liable for any access to Sprig or the Services or transactions conducted using a device that has been compromised.
(m) We and your Credit Union will only be responsible for acting on instructions sent through Sprig that are actually received by us.
(n) You are solely responsible for the selection, installation, maintenance, and operation of your computer, software, and connection to a wireless carrier.
(o) In accessing Sprig or the Services or conducting transactions, you agree not to:
i. impersonate any person or entity;
ii. upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
iii. spam or flood the Sprig website, mobile application, or the Services;
iv. reproduce, modify, unbundle, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble, or create derivative works of any portion of Sprig or the Services or the software used in connection with the Services;
v. remove any copyright, trademark, or other proprietary rights or notices contained on Sprig;
vi. “frame" or "mirror" any part of Sprig or the Services;
vii. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of Sprig or the Services or the contents of either;
ix. intentionally or unintentionally violate any applicable local, state, federal, national or international statute, regulation, regulatory guideline, judicial or administrative interpretation, or any rule or requirement established by us (all of which shall constitute "Applicable Law") in connection with your enrollment in and access to Sprig and the Services and conducting transactions.
8. Termination. You may terminate your enrollment in and access to Sprig and the Services at any time by deleting your access to the Sprig website and/or deleting the Sprig mobile application from your mobile device. When you delete your access to Sprig, you delete your access to the Services made available by your Credit Union through Sprig. If you provide us or your Credit Union with notice of termination, termination may be effective immediately or at a later time after we and your Credit Union have had a reasonable opportunity to act on your notice. You would have to re-enroll in Sprig to access the Services in the future. We or your Credit Union may ask you to put any verbal notice in writing before acting upon it.
Unless prohibited by law, you will be responsible for all transactions conducted by accessing the Services under your username and password or other authenticating information until your enrollment in Sprig and access to the Services has been effectively terminated by us.
With respect to our text banking service only, if you want to stop receiving text messages from us you must respond to our text by texting “STOP,” and we will stop sending you text messages as soon as we can reasonably act on your instruction.
You agree to hold us and your Credit Union harmless and release us and your Credit Union from any liability in connection with text messages and emails that fail to be delivered to you.
We and your Credit Union will never send you a text or email message that asks you to supply any sensitive personal or financial information, such as your social security number or your account number. If you receive such a request, do not respond to it and contact your Credit Union immediately. Data and messaging charges may apply and you are responsible for all such charges. In the event the mobile device you use for the Services is lost or stolen, you agree to update your enrollment information and do all things necessary to disable the device.
You agree to notify us and your Credit Union at any time the information you provide, including your mobile phone number and email address, is no longer current, accurate, complete, or true, and that you will keep all such information promptly updated with us and your Credit Union.
(i) to the most recent email address you have provided to us; or
(ii) by posting the information on the Sprig Online website, sending you a notice to your email address telling you that the information has been posted, and providing instructions on how to view it; or to the extent permitted by law, by posting the information on the Sprig Online website.
(i) by mail at 9692 Haven Ave. Rancho Cucamonga, CA 91739, ATTN: Sprig Support ; or
(ii) by email at email@example.com.
We reserve the right to terminate your use of the Services if you withdraw your consent to receive electronic communications from us.
Any information you receive electronically or otherwise from us or your Credit Union concerning Sprig, the Services, or transactions conducted by accessing the Services is provided on a best-efforts basis and is believed to be reliable, but cannot be guaranteed. We are not responsible for any deficiencies in the accuracy, completeness, availability or timeliness of such information, or any investment or other decision you make using this information. Any notice we send you, whether orally, electronically, or in writing, is effective when sent to you regardless of when or whether or not you actually receive the information. If there is more than one owner on your Account, a notice to any one owner serves as the notice to all other owners.
11. Hardware and Software Requirements for Receiving Electronic Communications.
You must satisfy the following hardware and software requirements for receiving electronic communications, including disclosures, from us. While you may be able to access and retain the electronic communications using other hardware and software, we do not recommend this as we currently only support the following minimum requirements:
For accessing the Sprig website and the Services through a personal computer:
(i) A personal computer that is Internet-enabled with an operating system such as Windows Vista, Win 7, Win 8.x, or XP*, Macintosh OS 10.x
*We do not recommend reliance on Windows XP as Microsoft no longer supports it.
For accessing the Sprig website and the Services through a mobile device:
(i) A mobile device with a compatible operating system, such as:
(a) iOS 5 and higher;
(b) Android OS 4.0 and higher for mobile handsets; or
(c) Android OS 4.0 and higher for tablets.
(ii) And either:
(iii) A valid email account with adequate storage to save communications delivered electronically or a printer to print the communications.
(iv) A valid mobile phone number.
12. Communications You Send to Us. Any notice you send us on behalf of your Credit Union will not be effective until we and your Credit Union actually receive it and have a reasonable opportunity to act on it. The Sprig mobile application allows you to securely communicate information or give comments about the Services to us. These secure messages can be sent to us after you log in to Sprig through the mobile application on your mobile device. To ensure the security of your confidential information (e.g., Account number, transaction details, your authentication information), you should only use the forms provided in the mobile application to communicate with us. You cannot use the secure messaging or email to initiate or cancel transactions.
13. OUR DISCLAIMER. To the fullest extent permitted by law, neither we nor your Credit Union make any representations or warranties about Sprig or the services OR TRANSACTIONS YOU CONDUCT ACCESSING the services of any kind, express or implied or statutory, including, but not limited to, any warranties of title, NON-INFRINGEMENT, merchantability, fitness for a particular purpose, or warranties, which may be made by any affiliate or any other third party, including in relation to any inaccuracies or omissions WITH RESPECT TO Sprig OR THE SERVICES OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND YOUR CREDIT UNION DISCLAIM ANY WARRANTIES REGARDING THE OPERATION, PERFORMANCE, OR FUNCTIONALITY OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE). this does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to the SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN OR AS REQUIRED BY LAW, YOUR enrollment in and access to sprig and THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND EFFORT IN enrolling in and accessing sprig and THE SERVICES IS WITH YOU. Sprig, the services, and the information contained on sprig or obtained by enrolling in and accessing sprig and the services are provided on an “as is” and “where available” basis.
NEITHER we NOR YOUR CREDIT UNION make any warranty as to the results that may be obtained from enrolling in or accessing sprig or the services, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information, TRANSACTIONS, service, or products provided through sprig or the services. YOU FURTHER ACKNOWLEDGE THAT THERE ARE CERTAIN SECURITY, CORRUPTION, TRANSMISSION, ERROR, AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET AND/OR TELECOMMUNICATION LINES OR CIRCUITS, AND YOU HEREBY ASSUME ALL RISKS RELATING TO THE FOREGOING. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE SHALL NOT BE RESPONSIBLE FOR YOUR ACTS OR OMISSIONS WHEN ENROLLNG IN OR ACCESSING SPRIG OR THE SERVICES, NOR THE ACTS OR OMISSIONS OF ANY OTHER PERSON OR ENTITY INCLUDING, WITHOUT LIMITATIONS, ANY FEDERAL RESERVE CREDIT UNION, AUTOMATED CLEARINGHOUSE OR TRANSMISSION, INFORMATION OR COMMUNICATIONS FACILITY, ANY RECEIVER, BENEFICIARY, INTERMEDIARY CREDIT UNION, OR RECEIVING DEPOSITORY CREDIT UNION, AND NO SUCH PERSON OR ENTITY SHALL BE DEEMED OUR OR YOUR CREDIT UNION’S AGENT.
We AND YOUR CREDIT UNION assume no responsibility for, and will not be liable for, any damages to, or any viruses which may affect, your computer equipment or other property on account of your access to, or use of, or downloading from the Sprig website, the mobile application, or ACCESS TO the services.
15. Additional Provisions for Eligible Business Accounts
16. Links to this Website or Mobile Application. You may not create a link to any page of the Sprig website or mobile application without our prior written consent. If you do create a link to a page of the Sprig website or mobile application, you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Sprig website and mobile application by linking to it.
17. Links from the Sprig Website. We do not monitor or review the content of other party’s websites or applications which are linked to and from the Sprig website or mobile application. We do not endorse products or services appearing on linked websites or purchased via linked websites or applications, and we do not make any representations or warranties concerning third party services or web sites or applications. Opinions expressed or material appearing on such websites or applications are not necessarily shared and are not endorsed by us, and we should not be regarded as the publisher of such opinions or material. Please be aware we are not responsible for the privacy practices, or content, of linked websites or applications. We encourage you to be aware that when you leave the Sprig website or mobile application you should read the privacy statements of linked websites or mobile applications. You are solely responsible for evaluating the security and trustworthiness of any other website and applications connected to the Sprig website or accessed through the Sprig website or mobile application before disclosing any personal information to such websites or through such applications. We are not liable for, and do not accept any responsibility, for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information. You access and use those services, websites, and applications at your own risk.
18. Export Restrictions. You may not use or otherwise export or re-export any software used in connection with Sprig or the Services except as authorized by United States law and the laws of the jurisdiction in which the software was obtained. In particular, but without limitation, the software may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Department of Commerce Denied Person’s List or Entity List. By using Sprig or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any such software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
20. Availability. Unless otherwise stated, Sprig and the Services of your Credit Union accessible through Sprig are only available within the USA or USA Territories, or in relation to postings from the USA. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through the Sprig website or mobile application. Redistribution or republication of any part of the Sprig website, mobile application, or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of CO-OP Financial Services.
21. Terms Specific to RealPay by CO-OP
(a) How to Use RealPay by CO-OP. When you enroll in Sprig you will have access to the RealPay by CO-OP service. RealPay by CO-OP allows you to make payments with funds in one of your Accounts enrolled in your Sprig wallet to an Account of a recipient held at another Financial Institution and to receive payments from a third party’s Account held at another Financial Institution. The third party that you send payments to or receive payments from does not need to enroll his/her/its Account in the Sprig wallet, but payments may only be made to or from Accounts held at U.S. Credit Unions. To make payments using RealPay by CO-OP, you must log into Sprig from your personal computer or your mobile device on which you downloaded the mobile application and enter your user ID and password. When you click on the RealPay by CO-OP link you will be given instructions to follow for making payments (“Payment Instruction”) from your Account to a recipient’s Account.
(b) What You Authorize By Your Payment Instruction. When you submit a Payment Instruction including providing the recipient’s name, mobile phone number, email address, and Account information (“Recipient Information”), you authorize (a) us to submit your Payment Instruction to your Credit Union, and (b) your Credit Union to follow your Payment Instruction, debit the Account you designate (“Designated Account”) in the Payment Instruction for the full amount of the payment, and remit the amount of funds through the Services to the recipient’s Account on behalf of your Credit Union acting upon your instructions. You also authorize us to return unclaimed payments to your Credit Union, and you authorize your Credit Union to credit the Designated Account for unclaimed payments that are returned through the Services, or which were cancelled and returned to your Account because the processing of the Payment Instruction could not be completed.
(c) Types of Payments Available and Limitations. You may submit a Payment Instruction to make a one-time payment or recurring payments to recipients with Accounts at U.S. Financial Institutions. You may also receive a one-time payment or recurring payments from a third party sender’s Account in the Account designated by the sender in the Payment Instruction submitted by the sender to his/her Financial Institution through the Services. For security reasons, there are limits on the number of and dollar amounts of payments you can make and receive through RealPay by CO-OP. The limits, which are subject to change, are: you are limited to daily payments totaling $1500 and monthly payments totaling $5000. There is no dollar limitation for each payment subject to these maximums. Your Credit Union (or the recipient’s Financial Institution) may have additional limitations, which will be disclosed directly to you by your Credit Union or to the recipient (by the recipient’s Financial Institution).
(d) Prohibited Payments. You are not permitted to conduct, attempt to conduct, receive, or attempt to receive, as applicable, the following types of payments through the Services:
i. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States);
ii. Payments (send or receive) that violate any federal or state law, state regulation, or local ordinance;
iii. Payments (send or receive) related to a gambling debt, gambling, or gaming activities;
iv. Payments (send or receive) for payment or collection of an overdue or defaulted debt;
v. Payments (send or receive) for court-ordered amounts such as alimony or child support;
vi. Send payments for tax payments; and
vii. Receive payments for an amount owed to someone other than you.
(e) Processing and Completing Payment Instructions and Return of Payments Not Claimed. It may take up to 2 business days for Payment Instructions to be acted upon and completed if the information is accurate and complete. A Payment Instruction will not be considered complete until it is claimed by the recipient and the payment is accepted by the recipient’s Financial Institution. Under most circumstances, the recipient will have 15 days to claim a payment, but there may be circumstances where we or your Credit Union shorten or lengthen the time period for the recipient to claim the payment. If the recipient does not claim a payment within the time period specified by us or your Credit Union, then the funds will be returned to your designated Account from which the payment originated. We will use reasonable efforts to return the funds within 2 days of expiration of the time period for the recipient to claim the funds.
(f) Cancelling Payments. Payment Instructions made by you or by a sender directed to you as the recipient, may be cancelled at any time by you as the sender (or the sender if you are not the sender) prior to the recipient (or you if you are the recipient) claiming the funds by using the “cancel” button on the send confirmation screen and following the instructions on the screen. After the funds have been claimed, the payment cannot be cancelled or stopped. Your Credit Union may charge a fee for canceling a Payment Instruction. You should refer to your Credit Union’s fee information provided directly to you. You acknowledge and agree that we are not responsible for any fees that may be charged by your Credit Union for cancelling Payment Instructions, and you will hold us harmless from any such fees.
(g) Your Warranties and Agreements When You Submit a Payment Instruction or Receive a Payment. When you submit a Payment Instruction you represent and warrant to us, to your Credit Union, and to the recipient’s Financial Institution that all Recipient Information you have submitted through Sprig is accurate and complete in all respects.
When you submit a Payment Instruction or receive a payment you agree:
i. that neither we nor the Credit Unions handling the Payment Instruction or payment have a duty to verify the Recipient Information (and any other information) provided or investigate any discrepancies between Account names and Account numbers.
ii. that if the Payment Instruction identifies an Account by name and an Account number (whether the sender’s Account or the recipient’s Account), the relevant Credit Union may, in its discretion, complete the payment by reference to the Account number only even if such Account number does not correspond to the Account name.
iii. that it is your sole responsibility to notify your Credit Union as soon as possible if you become aware of any mistakes in the information submitted. You should not notify us. Only your Credit Union can assist you, and we cannot assist you with mistakes in information submitted.
v. that the recipient’s Account is in good standing with the recipient’s Financial Institution
vi. to pay any fees charged by your Credit Union for payments or receiving payments through the Services, and you agree to hold us harmless for any such fees.
vii. agree to hold us, your Credit Union, and the recipient’s Financial Institution (whether you are the sender or the recipient in the transaction) harmless from any damages resulting from your decision as the recipient or the recipient’s decision or action to claim or not claim funds subject to your or the recipient’s Payment Instruction.
viii. agree not to initiate or receive payments to or from an Account that are not allowed under the rules and regulations applicable to that Account, including, without limitation, Federal Reserve Regulation D and rules or regulations intended to prevent the transfer of funds in violation of OFAC regulations.
ix. agree to all NACHA Operating Rules for payments made via ACH.
(h). Receiving Funds Pursuant to a Payment Instruction
22. Electronic Funds Transfer Disclosures Applicable to Consumers Only (Not Applicable to Business Accounts)
The following disclosures apply only to electronic fund transfers covered by the Federal Reserve Board’s Regulation E that debit or credit a consumer’s checking, savings, or other asset account. Further, we are only responsible to you under these disclosures to the extent required by Regulation E. In all other cases, your Credit Union is the party responsible to you under these disclosures.
(a) Error Resolution Notice
In case of errors or questions about your transfers or payments accessing the Services through Sprig, telephone us toll free at 866-698-8896, write us at 9692 Haven Ave. Rancho Cucamonga, CA 91739, ATTN: Sprig Support, or email us at firstname.lastname@example.org. Please contact us as soon as possible if you think your statement is wrong, or if you need more information about a transfer or payment listed on the statement or that you made through the Services. We must hear from you no later than 60 days after the date you received the FIRST statement on which the problem or error appeared.
(i) Tell us your name and account number (if any).
(ii) Describe the error, 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.
(iii) 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 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you, and we 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.
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.
(b) Your Liability for Unauthorized Transfers and Payments. Tell us AT ONCE if you believe your log-in information (i.e., username, password, or token) has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or the theft of your log-in information, you can lose no more than $50 if someone used your log-in information without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your log-in information, and we can prove that we could have stopped someone from using your log-in information without your permission if you had told us, you could lose as much as $500.
Also, if your statement from your Credit Union shows transfers or payments through the Services that you did not make, including those made using your log-in information, tell us at once. If you do not tell us 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 told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
If you believe that your log-in information has been lost or stolen, call us at 866.698.8896, or write us at 9692 Haven Ave. Rancho Cucamonga, CA 91739, ATTN: Sprig Support.
(c) Our and Your Credit Union’s Liability Relating to Transfers and Payments You Submit through the Services. We and your Credit Union will use reasonable efforts to complete and process your transfers and payments properly, but your transfers and payments may not be completed for a number of reasons including but not limited to:
(i) If, through no fault of us or your Credit Union, you do not have enough money in your account to make the transfer or payment. An overdraft line of credit does not apply to payments to other persons and you must have sufficient funds in your account to complete the transfer or payment, otherwise it will be denied.
(ii) If the Services were not working properly and you knew or were told about the problem when you started the transfer or payment.
(iii) If circumstances beyond our or your Credit Union’s control (such as fire or flood, network or system downtime, issues with the relevant Credit Union, another network or interference from parties outside our control) prevent the transfer or payment, despite reasonable precautions that we or your Credit Union have taken.
(iv) You provide us with inaccurate or incomplete information to process or complete the transfer or payment.
(v) A payment is not claimed by the recipient.
(vi) A payment is refused or not accepted by the recipient’s (or your if you are the recipient) Credit Union.
(vii) There may be other exceptions stated in your agreement(s) with your Credit Union.
(e) Confidentiality. We will disclose information to third parties about your Accounts or transfers or payments you make:
(i) Where it is necessary for completing transfers or payments; or
(ii) In order to verify the existence or condition of your Accounts for a third party, such as a credit bureau or merchant; or
(iii) In order to comply with government agency or court orders; or
(iv) If you give us your permission.
(f) Documentation. You have the right to find out whether a payment was credited or debited to your Account. Please contact 9692 Haven Ave. Rancho Cucamonga, CA 91739, ATTN: Sprig Support, or email us at email@example.com. Your Credit Union will send you a monthly statement if there is an electronic funds transfer in a particular month. Otherwise, your Credit Union will send you a statement at least quarterly. You may also access a history of all electronic fund transfers completed or pending through the Services by viewing your account activity available through the Services, your Credit Union’s online banking service, or statements your Credit Union sends directly to you. Receipts are not provided by the Services.
23. Terms Specific to the RDC (Remote Deposit Capture) Service
(a) How to Use the RDC Service. When you enroll in Sprig you will have access to the RDC Service. You must log into Sprig from your mobile device on which you downloaded the mobile application and enter your user ID and password. You will be given deposit processing instructions to follow. Your mobile device must be capable of satisfactorily acquiring check images and scanning paper checks to create a check image that can be sent electronically along with related data to your credit union for deposit to your designated account. Once the check images have been successfully received and processed, the funds from the checks electronically deposited will be available for withdrawal by you as provided in your credit union’s Funds Availability Policy. Also, your credit union may have deposit limits and other restrictions may apply. We do not have any control over the availability of funds deposited using this RDC Service. Please refer to the Conditions For Using the RDC Service below and Availability of Funds Deposited and Your Credit Union’s Funds Availability Policy.
(b) Your Warranties and Agreements When Using the RDC Service. With each check image transmitted, you warrant that (i) only cash items drawn on Credit Unions within the United States, including USA territories, are being deposited; (ii) no foreign Items are being deposited; (iii) you are not depositing a check that has previously been deposited whether via the RDC Service, at an ATM, or at another location, and no duplicate files or Items are being deposited; (iv) the original check will not be deposited; (v) all Items are made payable to you, all signatures on each check are authentic and authorized, and that each check has not been altered; (vi) each check image being deposited is an accurate representation of all information on the front and back of the original check at the time the original check was converted to a check image, and the check image contains all endorsements from the original check; (vii) each check image being deposited contains a record of all MICR line information required for a Substitute Check and otherwise satisfies all of the requirements of applicable law including, but not limited to, The Check Clearing for the 21st Century Act (“Check 21”) and Regulation CC for the creation and/or transferring of a Substitute Check (as defined in Regulation CC) created from that check image; (viii) you have complied with all rules, regulations and laws concerning the deposit; (ix) neither us, your credit union, nor any other Credit Union will sustain a loss as a result of your deposit of a check image; (x) you are not accessing the Services, or using your credit union or any other Credit Union as a conduit for money laundering or other illicit purposes; (xi) there is no pending or outstanding order or judgment, and there is no law or regulation that would prohibit the deposit or the transaction relating to the deposit; (xii) you are not a national of a designated blocked country or “Specially Designated Nations,” “Blocked Entity” or have any other designation or otherwise blocked as defined by the United States Office of Foreign Assets Control.
(c) Conditions For Using the RDC Service. (i) If your check image cannot be processed your deposit will be rejected. Neither your credit union nor we will be responsible for unacceptable or rejected check images. We or your credit union may, but are not required to, review the check images deposited and your credit unions or our failure to do so shall not serve as a waiver or release of you from any liability hereunder.
(ii) When you use the RDC Service to make a deposit, you will receive, for your records, a confirmation screen of the deposit on your mobile device, and optionally, a confirmation can be sent to an email address that you provide to us or your credit union. This is not confirmation that the check image deposit was received and processed or credited to your account, but you can confirm that your check image was processed and successfully deposited by checking your account balance, contacting your credit union, or reviewing your statement from your credit union. You can also check your balance through the Sprig Services to confirm your deposits.
(iii) You understand and agree that a mobile device is like any other piece of hardware, may become inoperable over time with regular usage, and may require maintenance. You are solely responsible for determining whether your mobile device is operable, its maintenance, and replacing your mobile device at your cost, when it becomes inoperable. You are solely responsible for the cost of the wireless network service or any other services or networks used to access the Services.
(iv) You will cooperate with your credit union should your credit union need assistance in balancing transactions or such Items will be placed in suspense pending resolution.
(v) Image quality must conform to all the generally applicable industry standards, such as the industry standard x9.37 image quality requirements, as adopted by the Federal Reserve Bank.
(vi) All Items deposited must be Conforming Items. “Conforming Items” are negotiable checks payable in US funds, are not postdated or stale dated, are properly signed, are properly endorsed, and represent funds due to account holder. Items that are not Conforming Items will not be accepted for deposit.
(vii) You are solely responsible for any Item for which you have received credit and any such Item that is returned or rejected may be charged to your credit union account.
(viii) Your credit union or we may reject any check image for any reason in their/our sole discretion. Neither we nor your credit union is liable for, and you agree that, deposits will not be made with respect to (i) images not received, (ii) images that are dropped during transmission, that do not meet the aforementioned image quality standards, or that do not scan properly; (iii) alterations made to images after transmission; or (iv) Items that are not Conforming Items.
(ix) Deposits through the RDC Service are subject to the following limitations: You may deposit checks totaling $2500 per day, with a total of $5000 monthly and ten items. In addition, your credit union, in its sole discretion, may set other deposit limits as to the number of check images that may be transmitted during a specified time period and/or the dollar amount of items deposited, and may modify such limits from time to time with or without advance notice to you. You should check with your credit union on these limitations. If a deposit is permitted that exceeds these limits, such deposit will still be subject to these terms and conditions, and there is no obligation to permit such deposits in the future. All inquiries about deposit limits as it relates to your Account should be directed to your credit union. If a deposit will exceed the limits set by your credit union, the deposit may be rejected by the Services, or you may later receive a notice from your credit union. We have no responsibility concerning limitations on deposits or notice to you about same, and this is your credit union’s sole responsibility.
(x) You agree that all deposits made through the RDC Service are provisional, subject to verification and final settlement. Any returned Items will be returned to your credit union in the form of an image or an image replacement document (“IRD”).
(xi) For any image you have deposited, you are responsible for preventing the transmission of another image of the Item or presentment of the Item by any other means.
(xiii) We or your credit union shall determine, in our/their sole discretion, the manner in which Items are cleared or presented for payment. You agree to be bound by all clearinghouse agreements, operating circulars, image exchange agreements, and other documents to which we or your credit union is a party that govern check image presentment and clearing.
(xiv) You will comply with all federal and state laws, rules, and regulations applicable to banking transactions. You will not engage in any conduct that would violate our or your credit union’s or any third party’s rights in the RDC Service.
(xv) You will retain the original of each Item for a minimum of 60 days after it has been credited to your credit union Account, and thereafter either destroy the Item of which you have transmitted an image or otherwise render it incapable of transmission or presentment by any means.
(xvi) Originals shall be securely stored prior to being destroyed no later than 60 days after scanning.
(xvii) Any returned Items, such as an Item dishonored, will be an image of the original check or a substitute check. Fees for returned Items are stated in your credit union’s fee schedule, which has been previously provided to you, and by accessing the Services you acknowledge receipt of the most current fee schedule from your credit union.
(xviii) In the event the RDC Service or Services are inoperable, you are unable to access the RDC Service or Services, or your use of the RDC Service or Services has been suspended or terminated, you agree to take the original checks to a designated depository or an office of your credit union to physically deposit the checks.
(xix) You agree to notify your credit union of any errors, omissions, or interruptions in, or delay or unavailability of the Services.
(xx) Neither we nor your credit union will be liable for any delays in the transmission of check images resulting from any failure in or inoperability of the Services.
(xxi) You agree that the aggregate amount of any Items which are deposited more than once will be debited from your account, and to the extent funds in your account are insufficient to cover such amount, any balance shall be debited from any other deposit accounts you have at your credit union in its sole discretion.
(xxii) You assume all liability to the drawer of any Item imaged using the RDC Service or liability arising from your credit union’s printing of any Substitute Check from those images.
(xxiii) You, and not the credit union or us, performs the function of converting an original check to a Substitute Check, so you are responsible, to the extent permitted by law, for all warranties and indemnifications set forth in Check 21 applying to any reconverting Credit Union and truncating Credit Union, as such terms are defined by Check 21, including, without limitation, the obligation to only convert an original check that allows for the creation of a Substitute Check that clearly and accurately represents the information on the front and back of the original check. We, your credit union, or our agents may, but shall have no obligation to, screen items or Substitute Checks for legal compliance.
(xxiv) You are responsible for your own activities and all activities of your authorized users including your agents, representatives, and Authorized Representatives in connection with their access to the Services.
(e) Account Reconciliation. You will verify and reconcile any out-of-balance condition and promptly notify your credit union of any errors within the time periods and pursuant to the procedure established by your credit union in your account agreement with your credit union. We are not responsible for correcting errors, and you agree to contact your credit union and not us concerning errors. If notified within such period, your credit union will correct and resubmit all erroneous files, reports, and other data at the credit union’s then standard charges, or at no charge, if the erroneous report or other data resulted from the credit union’s error.
(f) Exception Items. Your credit union may reject any electronic image that your credit union, in its sole discretion, determines to be ineligible for deposit through the RDC Service ("Exception Item"). Your credit union, and not us, will notify you directly of any Exception Items. You agree that if you wish to attempt to deposit any Exception Item to your Account, that you will only do so by depositing the original item on which the Exception Item is based. You agree that even if your credit union does not initially identify an electronic image as an Exception Item, the Substitute Check created by your credit union therefrom may be returned to your credit union because, among other reasons, the electronic image is deemed illegible by a paying Credit Union. Your credit union's failure to identify an Exception Item shall not preclude or limit your obligation to your credit union or any third party.
(g) Retention of Check Images. We will retain Substitute Checks for seven (7) years.
(e) Force Majeure. Neither us nor your Credit Union nor any third party processor nor their agents shall be responsible for liability, loss, or damage of any kind resulting from any delay in the performance of or failure to perform its responsibilities hereunder due to causes beyond the aforementioned party’s reasonable control.
(g) Waiver. Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.
Last updated on December 1, 2014.
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12. CONTACT INFORMATION
CO-OP Financial Services
9692 Haven Avenue
Rancho Cucamonga, California 91730
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