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This Agreement covers your and our rights and responsibilities
concerning Accounts the Credit Union (Credit Union) offers.
In this Agreement, the words "you" and "yours" mean anyone
who signs an Account Card or Account Change Card (Account
Card). The words "we," "us," and "our" mean the Credit Union.
The word "account" means any one or more share or other accounts
you have with the Credit Union.
Your account type(s) and ownership features are designated
on your Account Card. By signing an Account Card, each of
you, jointly and severally, agree to the terms and conditions
in this Agreement and Account Card, the Funds Availability
Policy Disclosure, Truth-in-Savings Rate and Fee Schedule
(Rate and Fee Schedule), and any Account Receipt accompanying
this Agreement, and the Credit Union's Bylaws and policies,
and any amendments to these documents from time to time which
collectively govern your Membership and Accounts.
1. Membership Eligibility.
To join the Credit Union you must meet the membership requirements
including purchase and maintenance of at least one (1) share
("membership share") as set forth in the Credit Union's Bylaws.
You authorize us to check your account, credit, and employment
history, and obtain reports from third parties, including
credit reporting agencies, to verify your eligibility for
the accounts and services you request.
2. Single Party Accounts.
A single party
account is an account owned by one member (individual, corporation,
partnership, trust or other organization) qualified for credit
union membership. If the account owner dies, the interest
passes, subject to applicable law, to the decedent's estate
or Payable on Death (POD) beneficiary/ payee or trust beneficiary,
subject to other provisions of this Agreement governing our
protection for honoring transfer and withdrawal requests of
an owner or owner's agent prior to notice of an owner's death.
3. Multiple Party Accounts.
An account owned
by two or more persons is a multiple party account.
- Rights of Survivorship.
Unless
otherwise stated on the Account Card, a multiple party account
includes rights of survivorship. This means when one owner dies, all sums in
the account will pass to the surviving owner's). For a multiple
party account without rights of survivorship, the deceased
owner's interest passes to his or her estate. A surviving
owner's interest is subject to the Credit Union's statutory
lien for the deceased owner's obligations, and to any security
interest or pledge granted by a deceased owner, even if
a surviving owner did not consent to it.
- Control of Multiple Party Accounts.
Any
owner is authorized and deemed to act for any other owner's)
and may instruct us regarding transactions and other account matters. Each
owner guarantees the signature of any other owner's). Any
owner may withdraw all funds, stop payment on items, transfer, or pledge to us all or any part of the shares
without the consent of the other owner(s). We have no duty
to notify any owner's) about any transaction. We reserve
the right to require written consent of all owners for any
change to or termination of an account. If we receive written notice
of a dispute between owners or inconsistent instructions
from them, we may suspend or terminate the account and require
a court order or written consent from all owners to act.
- Multiple Party Account Owner Liability.
If a deposited item in a multiple party account
is returned unpaid, an account is overdrawn, or if we do
not receive final payment on a transaction, the owners,
jointly and severally, are liable to us for the amount of
the returned item, overdraft, or unpaid amount and any charges,
regardless of who initiated or benefited from the transaction.
If any account owner is indebted to us, we may enforce our
rights against any account of an owner or all funds in the
multiple party account regardless of who contributed them.
4. POD/Trust Account Designations.
A Payable
on Death (POD) account or trust account designation is an
instruction to the Credit Union that a single or multiple
party account so designated is payable to the owner(s) during
his, her or their lifetimes and, when the last account owner
dies, payable to any named and surviving POD or trust beneficiary/payee.
Accounts payable to more than one surviving beneficiary/payee
are owned jointly by such beneficiaries/payees without rights
of survivorship. Any POD or trust beneficiary/payee designation
shall not apply to Individual Retirement Accounts (IRAs) which
are governed by a separate beneficiary/payee designation.
We are not obligated to notify any beneficiary/payee of the
existence of any account or the vesting of the beneficiary/payee's
interest in any account, except as otherwise provided by law.
5. Accounts for Minors.
We may require any
account established by a minor to be a multiple party account
with an owner who has reached the age of majority under state
law and who shall be jointly and severally liable to us for
any returned item, overdraft, or unpaid charges or amounts
on such account. We may pay funds directly to the minor without
regard to his or her minority. Unless a guardian or parent
is an account owner, the guardian or parent shall not have
any account access rights. We have no duty to inquire about
the use or purpose of any transaction. We will not change
the account status when the minor reaches the age of majority,
unless authorized in writing by all account owners.
6. Uniform Transfers/Gifts to Minors Account.
A Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA) is
an individual account created by a custodian who deposits
funds as an irrevocable gift to a minor. The minor to whom
the gift is made is the beneficiary of the custodial property
in the account. The custodian has possession and control of
the account for the exclusive right and benefit of the minor
and barring a court order otherwise, is the only party entitled
to make deposits, withdrawals, or close the account. We have
no duty to inquire about the use or purpose of any transaction.
If the custodian dies, we may suspend the account, until we
receive instructions from any person authorized by law to
withdraw funds or a court order authorizing withdrawal.
7. Agency Designation on an Account.
An
agency designation on an account is an instruction to us that
the owner authorizes another person to make transactions as
agent for the account owner regarding the accounts designated.
An agent has no ownership interest in the account(s) or Credit
Union voting rights. We have no duty to inquire about the
use or purpose of any transaction made by the agent.
8. Deposit of Funds Requirements.
Funds
may be deposited to any account, in any manner approved by
the Credit Union in accordance with the requirements set forth
on the Rate and Fee Schedule.
- Endorsements.
We may accept transfers,
checks, drafts, and other items for deposit into any of
your accounts if they are made payable to, or to the order
of, one or more account owners even if they are not endorsed
by all payees. You authorize us to supply missing endorsements
of any owners if we choose. If a check, draft or item that
is payable to two or more persons is ambiguous as to whether
it is payable to either or both, we may process the check,
draft or item as though it is payable to either person.
If an insurance, government, or other check or draft requires
an endorsement as set forth on the back of the check or
draft, we may require endorsement as set forth on the item.
Endorsements must be made on the back of the share draft
or check within 11/2 inches from the top edge, although
we may accept endorsements outside this space. However,
any loss we incur from a delay or processing error resulting
from an irregular endorsement or other markings by you or
any prior endorser will be your responsibility.
- Collection of Items.
We act only
as your agent and we are not responsible for handling items
for deposit or collection beyond the exercise of ordinary
care. Deposits made by mail or at unstaffed facilities are
not our responsibility until we receive them. We are not
liable for the negligence of any correspondent or for loss
in transit, and each correspondent will only be liable for
its own negligence. We may send any item for collection.
Items drawn on an institution located outside the United
States are handled on a collection basis only. You waive
any notice of nonpayment, dishonor, or protest regarding
items we purchase or receive for credit or collection to
your account.
- Final Payment.
All items or Automated
Clearing House (ACH) transfers credited to your account
are provisional until we receive final payment. If final
payment is not received, we may charge your account for
the amount of such items or ACH transfers and impose a return
item charge on your account. Any collection fees we incur
may be charged to your account. We reserve the right to
refuse or return any item or funds transfer.
- Direct Deposits.
We may offer
preauthorized deposits (e.g., payroll checks, Social Security
or retirement checks, or other government checks) or preauthorized
transfers from other accounts. You must authorize each direct
deposit or preauthorized transfer by filling out a separate
form. You must notify us at least thirty (30) days in advance
to cancel or change a direct deposit or transfer option.
Upon a bankruptcy filing, unless you cancel an authorization
we will continue making direct deposits in accordance with
your authorization on file with us. If we are required to
reimburse the U.S. Government for any benefit payment directly
deposited into your account, we may deduct the amount returned
from any of your accounts, unless prohibited by law.
- Crediting of Deposits.
Deposits
made after the deposit cutoff time and deposits made on
either holidays or days that are not our business days will
be credited to your account on the next business day.
Endorsements. We may accept transfers, checks, drafts, and
other items for deposit into any of your accounts if they
are made payable to, or to the order of, one or more account
owners even if they are not endorsed by all payees. You
authorize us to supply missing endorsements of any owners
if we choose. If a check, draft or item that is payable
to two or more persons is ambiguous as to whether it is
payable to either or both, we may process the check, draft
or item as though it is payable to either person. If an
insurance, government, or other check or draft requires
an endorsement as set forth on the back of the check or
draft, we may require endorsement as set forth on the item.
Endorsements must be made on the back of the share draft
or check within 11/2 inches from the top edge, although
we may accept endorsements outside this space. However,
any loss we incur from a delay or processing error resulting
from an irregular endorsement or other markings by you or
any prior endorser will be your responsibility.
Collection of Items. We act only as your agent and we are
not responsible for handling items for deposit or collection
beyond the exercise of ordinary care. Deposits made by mail
or at unstaffed facilities are not our responsibility until
we receive them. We are not liable for the negligence of
any correspondent or for loss in transit, and each correspondent
will only be liable for its own negligence. We may send
any item for collection. Items drawn on an institution located
outside the United States are handled on a collection basis
only. You waive any notice of nonpayment, dishonor, or protest
regarding items we purchase or receive for credit or collection
to your account.
9. Account Access.
- Authorized Signature.
Your signature
on the Account Card authorizes your account access. We will
not be liable for refusing to honor any item or instruction
if we believe the signature is not genuine. If you have
authorized the use of a facsimile signature, we may honor
any draft that appears to bear your facsimile signature
even if it was made by an unauthorized person. You authorize
us to honor transactions initiated by a third person to
whom you have given your account number even if you do not
authorize a particular transaction
- Access Options.
You may withdraw
or transfer funds from your account(s) in any manner we
permit (e.g., at an automated teller machine, in person,
by mail, automatic transfer, or telephone, as applicable).
We may return as unpaid any draft drawn on a form we do
not provide, and you are responsible for any loss we incur
handling such a draft. We have the right to review and approve
any form of power of attorney and may restrict account withdrawals
or transfers. We are under no obligation to honor any power
of attorney.
- ACH & Wire Transfers.
If we
provide the service, you may initiate or receive credits
or debits to your account through wire or ACH transfer.
You agree that if you receive funds by a wire or ACH transfer,
we are not required to notify you at the time the fument.
We may provisionally credit your account for an ACH transfer
before we nds are received. Instead, the transfer will be
shown on your periodic statereceive final settlement. We
may reverse the provisional credit or you will refund us
the amount if we do not receive final settlement. When you
initiate a wire transfer, you may identify either the recipient
or any financial institution by name and by account or identifying
number. The Credit Union (and other institutions) may rely
on the account or other identifying number as the proper
identification even if it identifies a different party or
institution.
- Credit Union Examination.
We may
disregard information on any draft or check, other than
the signature of the drawer, the amount and any magnetic
encoding. You agree we do not fail to exercise ordinary
care in paying an item solely because our procedures do
not provide for sight examination of items.
10. Account Rates and Fees.
We pay account
earnings and assess fees against your account as set forth
in the Rate and Fee Schedule. We may change the Rate and Fee
Schedule at any time and will notify you as required by law.
11. Transaction Limitations.
- Withdrawal Restrictions.
We permit
withdrawals only if your account has sufficient available
funds to cover the full amount of the withdrawal or you
have an established overdraft protection plan. Drafts or
other transfer or payment orders which are drawn against
insufficient funds may be subject to a service charge set
forth in the Rate and Fee Schedule. If there are sufficient
funds to cover some, but not all, of your withdrawal, we
may allow those withdrawals for which there are sufficient
funds in any order at our discretion. Authorized Signature. Your signature on the Account Card
authorizes your account access. We will not be liable for
refusing to honor any item or instruction if we believe
the signature is not genuine. If you have authorized the
use of a facsimile signature, we may honor any draft that
appears to bear your facsimile signature even if it was
made by an unauthorized person. You authorize us to honor
transactions initiated by a third person to whom you have
given your account number even if you do not authorize a
particular transaction. Access Options. You may withdraw or transfer funds from
your account(s) in any manner we permit (e.g., at an automated
teller machine, in person, by mail, automatic transfer,
or telephone, as applicable). We may return as unpaid any
draft drawn on a form we do not provide, and you are responsible
for any loss we incur handling such a draft. We have the
right to review and approve any form of power of attorney
and may restrict account withdrawals or transfers. We are
under no obligation to honor any power of attorney.
ACH & Wire Transfers. If we provide the service, you
may initiate or receive credits or debits to your account
through wire or ACH transfer. You agree that if you receive
funds by a wire or ACH transfer, we are not required to
notify you at the time the funds are received. Instead,
the transfer will be shown on your periodic statement. We
may provisionally credit your account for an ACH transfer
before we receive final settlement. We may reverse the provisional
credit or you will refund us the amount if we do not receive
final settlement. When you initiate a wire transfer, you
may identify either the recipient or any financial institution
by name and by account or identifying number. The Credit
Union (and other institutions) may rely on the account or
other identifying number as the proper identification even
if it identifies a different party or institution. We may
refuse to allow a withdrawal in some situations, and will
advise you accordingly; for example: (1) a dispute between
account owners (unless a court has ordered the Credit Union
to allow the withdrawal); (2) a legal garnishment or attachment
is served; (3) the account secures any obligation to us;
(4) required documentation has not been presented; (5) you
fail to repay a Credit Union loan on time. We may require
you to give written notice of seven (7) days to sixty (60)
days before any intended withdrawals.
- Transfer Limitations.
You may
make unlimited transfers to any of your accounts or to any
Credit Union loan account and may make withdrawals in person,
by mail, or at an ATM. However, we may refuse or reverse
a transfer that exceeds these limitations and may assess
fees against, suspend or close your account.
12. Certificate Accounts.
Any time deposit,
term share, share certificate, or certificate of deposit account
allowed by state law (Certificate Account), whichever we offer,
is subject to the terms of this Agreement, the Rate and Fee
Schedule and Account Deposit Receipt for each account the
terms of which are incorporated herein by reference.
13. Overdrafts.
- Overdraft Liability.
If on any
day, the funds in your share account are not sufficient
to cover drafts, fees or other items posted to your account,
those amounts will be handled in accordance with our overdraft
procedures or an overdraft. The Credit Union's determination
of an insufficient account balance may be made at any time
between presentation and the Credit Union's midnight deadline
with onlyone review of the account required. We do not have
to notify you if your account does not have funds to cover
drafts, fees or other posted items. Whether the item is
paid or returned, your account may be subject to a charge
as set forth in the Rate and Fee Schedule. Except as otherwise
agreed in writing, we, by covering one or any overdraft,
do not agree to cover overdrafts in the future and may discontinue
covering overdrafts at any time without notice. If we pay
a draft or impose a fee that would otherwise overdraw your
account, you agree to pay the overdrawn amount immediately.
We reserve the right to pursue collection of previously
dishonored items at any time, including giving a payor bank
extra time beyond any midnight deadline limits.
- Overdraft Protection Plan.
If
we have approved an overdraft protection plan for your account,
we will honor drafts drawn on insufficient funds by transferring
funds from another account under this Agreement or a loan
account, as you have directed, or as required under the
Credit Union's overdraft protection policy. The fee for
overdraft transfers, if any, is set forth on the Rate and
Fee Schedule. This Agreement governs all transfers, except
those governed by agreements for loan accounts.
14. Postdated and Staledated Drafts.
We
may pay any draft without regard to its date unless you notify
us of a postdating. The notice must be given to us in time
so that we can notify our employees and reasonably act upon
the notice and must accurately describe the draft, including
the exact number, date, and amount. You understand that the
exact information is necessary for the Credit Union's computer
to identify the draft. We are not responsible if you give
us an incorrect or incomplete description, or untimely notice.
You may make an oral notice which lapses in fourteen (14)
calendar days unless confirmed in writing. A written notice
is effective for six (6) months and may be renewed in writing
from time to time. You agree not to deposit checks, drafts,
or other items before they are properly payable. We are not
obligated to pay any check or draft drawn on your account
which is presented more than six (6) months past its date.
15. Stop Payment Orders.
- Stop Payment Order Request.
You
may request a stop payment order on any draft drawn on your
account. To be binding an order must be dated, signed, and
describe the account and draft number and the exact amount.
The stop payment will be effective if the Credit Union receives
the order in time for the Credit Union to act upon the order
and you state the number of the account, number of the draft,
and its exact amount. You understand that the exact information
is necessary for the Credit Union's computer to identify
the draft. If you give us incorrect or incomplete information,
we will not be responsible for failing to stop payment on
the draft. 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 of the draft. If
we recredit your account after paying a draft over a valid
and timely stop payment order, you agree to sign a statement
describing the dispute with the payee, to transfer to us
all of your rights against the payee or other holders of
the draft and to assist us in any legal action.
- Duration of Order.
You may make
an oral stop payment order which will lapse within fourteen
(14) calendar days unless confirmed in writing within that
time. A written stop payment order is effective for six
(6) months and may be renewed in writing from time to time.
We do not have to notify you when a stop payment order expires.
- Liability.
Fees for stop payment
orders are set forth on the Rate and Fee Schedule. You may
not stop payment on any certified check, cashier's check,
teller's check, or any other check, draft, or payment guaranteed
by us. Although payment of an item may be stopped, you may
remain liable to any item holder, 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
any multiple party account owner, payee, or indorsee in
failing to stop payment of an item as a result of incorrect
information provided by you.
16. Credit Union Liability.
If we do not
properly complete a transaction according to this Agreement,
we will be liable for your losses or damages not to exceed
the amount of the transaction, except as otherwise provided
by law. We will not be liable if: (1) your account contains
insufficient funds for the transaction; (2) circumstances
beyond our control prevent the transaction; (3) your loss
is caused by your or another financial institution's negligence;
or (4) your account funds are subject to legal process or
other claim. We will not be liable for consequential damages,
except liability for wrongful dishonor. We exercise ordinary
care if our actions or nonactions are consistent with applicable
state law, federal reserve regulations and operating letters,
clearinghouse rules, and general banking practices followed
in the area we serve. You grant us the right, in making payments
of deposited funds, to rely exclusively on the form of the
account and the terms of this Account Agreement. Any conflict
between what you or our employees may say or write will be
resolved by reference to this Agreement.
17. Credit Union Lien and Security Interest.
If you owe us money as a borrower, guarantor, endorser or
otherwise, we have a statutory lien on the account funds in
any account in which you have an ownership interest, regardless
of their source, unless prohibited by law. We may apply these
funds, without further notice to you, in any order to pay
off your indebtedness. By not enforcing a lien, we do not
waive our right to enforce it later. In addition, you grant
the Credit Union a consensual security interest in your accounts
and we may use the funds from your accounts to pay any debt
or amount now or hereafter owed the Credit Union, except for
obligations secured by your residence, unless prohibited by
applicable law. All accounts are nonassignable and nontransferable
to third parties.
18. Legal Process.
If any legal action is
brought against your account, we may pay out funds according
to the terms of the action or refuse any payout until the
dispute is resolved. Any expenses or attorney fees we incur
responding to legal process may be charged against your account
without notice, unless prohibited by law. Any legal process
against your account is subject to our lien and security interest.
19. Account Information.
Upon request, we
will give you the name and address of each agency from which
we obtain a credit report regarding your account. We agree
not to disclose account information to third parties except
when: (1) it is necessary to complete a transaction; (2) the
third party seeks to verify the existence or condition of
your account in accordance with applicable law; (3) such disclosure
complies with the law or a government agency or court order;
or (4) you give us written permission.
20. Notices.
- Name or Address Changes.
You are
responsible for notifying us of any address or name change.
The Credit Union is only required to attempt to communicate
with you at the most recent address you have provided to
us. We may accept oral notices of a change in address and
may require any other notice from you to us be provided
in writing. If we attempt to locate you, we may impose a
service fee as set forth on the Rate and Fee Schedule.
Effect of Notice. Any written notice you give us is effective
when we receive it. Any written notice we give to you is
effective when it is deposited in the U.S. Mail, postage
prepaid and addressed to you at your statement mailing address.
Notice to any account owner is considered notice to all
account owners.
- Notice of Amendments.
Except as
prohibited by applicable law, we may change the terms of
this Agreement. We will notify you of any changes in terms,
rates, or fees as required by law. We reserve the right
to waive any term in this Agreement. Any such waiver shall
not affect our right to future enforcement.
- Effect of Notice.
Any written
notice you give us is effective when we receive it. Any
written notice we give to you is effective when it is deposited
in the U.S. Mail, postage prepaid and addressed to you at
your statement mailing address. Notice to any account owner
is considered notice to all account owners.
21. Taxpayer Identification Numbers and Backup Withholding.
Your failure to furnish a correct Taxpayer Identification
Number (TIN) or meet other requirements may result in backup
withholding. If your account is subject to backup withholding,
we must withhold and pay to the Internal Revenue Service (IRS)
a percentage of dividends, interest, and certain other payments.
If you fail to provide your TIN, we may suspend opening your
account, or, if applicable, you may request a non-dividend
or non-interest bearing account until a TIN is provided.
22. Statements.
- Contents.
If we provide a periodic
statement for your account, you will receive a periodic
statement of transactions and activity on your account during
the statement period as required by applicable law. If a
periodic statement is provided, you agree that only one
statement is necessary for a multiple party account. For
share draft or checking accounts, you understand and agree
that your original draft, when paid, becomes property of
the Credit Union and may not be returned to you, but copies
may be retained by us or payable through financial institutions
and made available upon your request. You understand and
agree that statements are made available to you on the date
they are mailed to you. You also understand and agree that
drafts or copies thereof are made available to you on the
date the statement is mailed to you, even if the drafts
do not accompany the statement.
- Examination.
You are responsible
for examining each statement and reporting any irregularities
to us. We will not be responsible for any forged, altered,
unauthorized or unsigned items drawn on your account if:
(1) you fail to notify us within thirty-three (33) days
of the mailing date of the earliest statement regarding
any forgery, alteration or unauthorized signature on any
item described in the statement; or (2) any items are forged
or altered in a manner not detectable by a reasonable person,
including the unauthorized use of a facsimile signature
machine.
- Notice to Credit Union.
You agree
that the Credit Union's retention of drafts does not alter
or waive your responsibility to examine your statements
or the time limit for notifying us of any errors. The statement
will be considered correct for all purposes and we will
not be liable for any payment made or charge to your account
unless you notify us in writing within the above time limit
for notifying us of any errors. If you fail to receive a
periodic statement you agree to notify us within fourteen
(14) days of the time you regularly receive a statement.
23. Inactive Accounts.
If your account falls
below any applicable minimum balance and you have not made
any transactions over a period specified in the Rate and Fee
Schedule during which we have been unable to contact you by
regular mail, we may classify your account as inactive or
dormant. Unless prohibited by applicable law, we may charge
a service fee set forth on the Rate and Fee Schedule for processing
your inactive account. If we impose a fee, we will notify
you, as required by law, at your last known address. You authorize
us to transfer funds from another account of yours to cover
any service fees, if applicable. To the extent allowed by
law, we reserve the right to transfer the account funds to
an account payable and to suspend any further account statements.
If a deposit or withdrawal has not been made on the account
and we have had
no other sufficient contact with you within the period specified
by state law, the account will be presumed to be abandoned.
Funds in abandoned accounts will be reported and remitted
in accordance with state law. Once funds have been turned
over to the state, we have no further liability to you for
such funds and if you choose to reclaim such funds, you must
apply to the appropriate state agency.
24. Special Account Instructions.
You may
request that we facilitate certain trust, will, or court-ordered
account arrangements. However, because we do not give legal
advice, we cannot counsel you as to which account arrangement
most appropriately meets the specific requirements of your
trust, will, or court order. If you ask us to follow any instructions
that we believe might expose us to claims, lawsuits, expenses,
liabilities, or damages, whether directly or indirectly, we
may refuse to follow your instructions or may require you
to indemnify us or post a bond or provide us with other protection.
Account changes requested by you, or any account owner, such
as adding or closing an account or service, must be evidenced
by a signed Account Change form and accepted by us.
25. Termination of Account.
We may terminate
your account at any time without notice to you or may require
you to close your account and apply for a new account if:
(1) there is a change in owners or authorized signers; (2)
there has been a forgery or fraud reported or committed involving
your account; (3) there is a dispute as to the ownership of
the account or of the funds in the account; (4) any share
drafts are lost or stolen; (5) there are excessive returned
unpaid items not covered by an overdraft protection plan;
(6) there has been any misrepresentation or any other abuse
of any of your accounts; or (7) we reasonably deem it necessary
to prevent a loss to us. You may terminate a single party
account by giving written notice. We reserve the right to
require the consent of all owners to terminate a multiple
party account. We are not responsible for payment of any draft,
withdrawal, or other item after your account is terminated,
however, if we pay an item after termination, you agree to
reimburse us.
26. Termination of Membership.
You may terminate
your membership by giving us notice. You may be denied services
or expelled for any reason allowed by applicable law, including
causing a loss to the Credit Union.
27. Death of Account Owner.
We may continue
to honor all transfer orders, withdrawals, deposits and other
transactions on an account until we are notified of a member's
death. Once we are notified of a member's death, we may pay
drafts or honor other payments or transfer orders authorized
by the deceased member for a period of ten (10) days after
that date unless we receive instructions from any person claiming
an interest in the account to stop payment on the drafts or
other items. We may require anyone claiming a deceased owner's
account funds to indemnify us for any losses resulting from
our honoring that claim. This Agreement will be binding upon
any heirs or legal representatives of any account owner.
28. Severability.
If a court holds any portion
of this Agreement to be invalid or unenforceable, the remainder
of this Agreement shall not be invalid or unenforceable and
will continue in full force and effect. All headings are intended
for reference only and are not to be construed as part of
the Agreement.
29. Enforcement.
You are liable to us for
any loss, cost or expense we incur resulting from your failure
to follow this Agreement. You authorize us to deduct any such
loss, costs or expenses from your account without prior notice
to you. If we bring a legal action to collect any amount due
under or to enforce this Agreement, we shall be entitled,
subject to applicable law, to payment of reasonable attorney's
fees and costs, including fees on any appeal, bankruptcy proceedings,
and any post-judgment collection actions.
30. Governing Law.
This Agreement is governed
by the Credit Union's Bylaws, federal laws and regulations,
the laws, including applicable principles of contract law,
and regulations of the state in which the Credit Union's main
office is located, and local clearinghouse rules, as amended
from time to time. As permitted by applicable law, you agree
that any legal action regarding this Agreement shall be brought
in the county in which the Credit Union is located.
D1000-FK1 Custom Rev. 09/01
ELECTRONIC FUNDS TRANSFER AGREEMENTAND DISCLOSURE
This Electronic Funds Transfer Agreement is the contract
which covers your and our rights and responsibilities concerning
the electronic funds transfer ("EFT") services offered to
you by Manchester Municipal Federal Credit Union ("Credit
Union"). In this Agreement, the words "you" and "yours" mean
those who sign the application or account card as applicants,
joint owners, or any authorized users. The words "we," "us,"
and "our" mean the Credit Union. The word "account" means
any one or more share and share draft accounts you have with
the Credit Union. Electronic funds transfers are electronically
initiated transfers of money from your account through the
electronic funds transfer services described below. By signing
an application or account card for EFT services, signing your
Card, or using any service, each of you, jointly and severally,
agree to the terms and conditions in this Agreement and any
amendments for the EFT services offered.
1. EFT Services. If approved, you may conduct
any one or more of the EFT services offered by the Credit
Union.
- VISA Check Card.
You may use your
Card to purchase goods and services from participating merchants.
You agree that you will not use your Card for any transaction
that is illegal under applicable federal, state, or local
law. Funds to cover your Card purchases will be deducted
from your share draft under applicable federal, state, or
local law. Funds to cover your Card purchases will be deducted
from your share draft account. If the balance in your account
is not sufficient to pay the transaction amount, the credit
union will pay the amount and treat the transaction as a
request to transfer funds from other deposit accounts, approved
overdraft protection accounts or loan accounts that you
have established with the Credit Union. If you initiate
a transaction that overdraws your Account, you agree to
make immediate payment of any overdrafts together with any
service charges to the Credit Union. In the event of repeated
overdrafts, the Credit Union may terminate all services
under this Agreement. You may use your Card and PIN (Personal
Identification Number) in automated teller machines of the
Credit Union, PLUS, NYCE, VISA Networks, and such other
machines or facilities as the Credit Union may designate.
At the present time, you may also use your Card to:
- Withdraw funds from your share and share draft accounts.
- Transfer funds from your share and share draft accounts.
- Obtain balance information for your share and share draft
accounts.
- Make POS (Point-of-Sale) transactions with your Card and
PIN (Personal Identification Number) to purchase goods or
services at merchants that accept VISA.
- Order goods or services by mail or telephone from places
that accept VISA.
The following limitations on the frequency and amount of
VISA Check Card transactions may apply:
- You may purchase up to a maximum of $1500.00 per day.
- You may withdraw up to a maximum of $400.00 in any one
day from an ATM machine, if there are sufficient funds in
your account.
- You may purchase up to a maximum of $1500.00 from POS
terminals per day, if there are sufficient funds in your
account
- You may transfer up to the available balance in your accounts
at the time of the transfer.
- See Section 2 for transfer limitations that may apply
to these transactions.
b. VRU (Voice Response Unit)_ (Audio Response).
If we approve the VRU (Voice Response Unit) audio response
access service for your accounts, a separate PIN (Personal
Identification Number) will be assigned to you. You must use
your PIN (Personal Identification Number) along with your
account number to access your accounts. At the present time
you may use the audio response access service to:
- Withdraw funds from your share and share draft accounts.
- Transfer funds from your share and share draft accounts.
- Obtain balance information for your share and share draft
accounts.
- Make loan payments from your share and share draft accounts.
- Determine if a particular item has cleared.
- Verify the last date and amount of your payroll deposit.
Your accounts can be accessed under the VRU (Voice Response
Unit) audio response service via a touch tone telephone only.
VRU (Voice Response Unit) service will be available for your
convenience twenty-four (24) hours per day. This service may
be interrupted for a short time each day for data processing.
- There is no limit to the number of inquiries, transfers,
or withdrawal requests you may make in any one day.
- See Section 2 for transfer limitations that may apply
to these transactions.
The Credit Union reserves the right to refuse any transaction
which would draw upon insufficient funds, exceed a credit
limit, lower an account below a required balance, or otherwise
require us to increase our required reserve on the account.
All checks are payable to you as a primary member and will
be mailed to your address of record. The Credit Union may
set other limits on the amount of any transaction, and you
will be notified of those limits. The Credit Union may refuse
to honor any transaction for which you do not have sufficient
available verified funds. The service will discontinue if
no transaction is entered after numerous unsuccessful attempts
to enter a transaction, and there may be limits on the duration
of each telephone call.
c. Preauthorized EFTs.
- Direct Deposit. Upon instruction of (i) your employer
or (ii) the Treasury Department or (iii) other financial
institutions, the Credit Union will accept direct deposits
of your paycheck or of federal recurring payments, such
as Social Security, to your share and/or share draft account.
- Preauthorized Debits. Upon instruction, we will pay certain
recurring transactions from your share and share draft account.
- See Section 2 for transfer limitations that may apply
to these transactions.
2. Transfer Limitations.
For all share,
Christmas Club and Vacation Club accounts, no limits refer
to Rate and Fee Schedule.
3. Conditions of EFT Services.
- Ownership of Cards.
Any Card or
other device which we supply to you is our property and
must be returned to us, or to any person whom we authorize
to act as our agent, or to any person who is authorized
to honor the Card, immediately according to instructions.
The Card may be repossessed at any time at our sole discretion
without demand or notice. You cannot transfer your Card
or account to another person.
- Honoring the Card.
Neither we
nor merchants authorized to honor the Card will be responsible
for the failure or refusal to honor the Card or any other
device we supply to you. If a merchant agrees to give you
a refund or adjustment, you agree to accept a credit to
your account in lieu of a cash refund.
- Foreign Transactions VISA.
Purchases
and cash withdrawals made in foreign countries and foreign
currencies will be debited from your account in U.S. dollars.
The conversion rate to dollars will be determined in accordance
with the operating regulations established by VISA International.
Currently the currency conversion rate used to determine
the transaction amount in U.S. dollars is generally either
a government-mandated rate or the wholesale rate in effect
the day before the transaction processing date, increased
by one percentage point. The currency conversion rate used
on the processing date may differ from the rate that would
have been used on the purchase date or cardholder statement
posting date.
- Security of Access Code.
You may
use one or more access codes with your electronic funds
transfers. The access codes issued to you are for your security
purposes. Any codes issued to you are confidential and should
not be disclosed to third parties or recorded on or with
the Card. You are responsible for safekeeping your access
codes. You agree not to disclose or otherwise make your
access codes available to anyone not authorized to sign
on your accounts. If you authorize anyone to use your access
codes, that authority shall continue until you specifically
revoke such authority by notifying the Credit Union. You
understand that any joint owner you authorize to use an
access code may withdraw or transfer funds from any of your
accounts. If you fail to maintain the security of these
access codes and the Credit Union suffers a loss, we may
terminate your EFT services immediately.
- Joint Accounts.
If any of your
accounts accessed under this Agreement are joint accounts,
all joint owners, including any authorized users, shall
be bound by this Agreement and, alone and together, shall
be responsible for all EFT transactions to or from any share
and share draft or loan accounts as provided in this Agreement.
Each joint account owner, without the consent of any other
account owner, may, and hereby is authorized by every other
joint account owner to, make any transaction permitted under
this Agreement. Each joint account owner is authorized to
act for the other account owners, and the Credit Union may
accept orders and instructions regarding any EFT transaction
on any account from any joint account owner.
4. Fees and Charges.
There are certain fees
and charges for electronic funds transfer services. For a
current listing of all applicable fees, see our current Fee
Schedule that was provided to you at the time you applied
for or requested these electronic services. From time to time,
the charges may be changed. We will notify you of any changes
as required by applicable law.
If you use an ATM not operated by us, you may be charged
a fee by the ATM operator and by any national, regional, or
local network used in processing the transaction (and you
may be charged a fee for a balance inquiry even if you do
not complete a fund transfer). The ATM surcharge will be debited
from your account if you elect to complete the transaction
or continue with the balance inquiry.
5. Member Liability.
You are responsible
for all EFT transactions you authorize. If you permit someone
else to use an EFT service, your Card or your access code,
you are responsible for any transactions they authorize or
conduct on any of your accounts.
Tell us AT ONCE if you believe your card has been lost or
stolen or if you believe someone has used your Card or access
code or otherwise accessed your accounts without your authority.
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 a transaction was made
with your Card or Card number without your permission, and
was either a VISA or Interlink transaction, you will have
no liability for the transaction, unless you were grossly
negligent in the handling of your account or card. For all
other EFT transactions, including ATM transactions or if you
were grossly negligent in the handling of your account or
card, your liability for an unauthorized transaction is determined
as follows.
If you tell us within two (2) business days you can lose
no more than $50 if someone used your Card without your permission.
If you do NOT tell us within two (2) business days after you
learn of the loss or theft of your Card, and we can prove
we could have stopped someone from using your Card 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 sixty
(60) days after the statement was mailed to you, you may not
get back any money lost after the sixty (60) days if we can
prove that we could have stopped someone from making the transfers
if you had told us in time. If a good reason (such as a hospital
stay) kept you from telling us, we will extend the time periods.
If you believe your Card has been lost or stolen or that someone
has transferred or may transfer money from your account without
your permission, call:
- 1-800-554-8969
- (860) 649-7922
- Fax: (860) 647-7391
or write to:
6.Right to Receive Documentation.
- Periodic Statements.
Transfers
and withdrawals made through any Debit Card transactions,
audio response transactions or preauthorized EFTs 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.
- Terminal Receipt.
You will get
a receipt at the time you make any transaction (except inquiries)
involving your account using an ATM, POS terminal, or Debit
Card transaction with a participating merchant.
- Direct Deposit.
If you have arranged
to have a direct deposit made to your account at least once
every sixty (60) days from the same source and you do not
receive a receipt (such as a pay stub), you can find out
whether or not the deposit has been made by calling (860)
649-7922. This does not apply to transactions occurring
outside the United States.
7. Account Information Disclosure.
We will
disclose information to third parties about your account or
the transfers you make:
- As necessary to complete transfers;
- To verify the existence of sufficient funds to cover specific
transactions upon the request of a third party, such as
a credit bureau or merchant;
- To comply with government agency or court orders; or
- If you give us your written permission.
8. Business Days.
Our business days are
Monday through Friday,
excluding holidays.
9.Credit Union Liability and Preauthorized Payments.
Credit Union Liability for Failure to Make Transfers
If we do not complete a transfer to or from your account on
time or in the correct amount according to our agreement with
you, we may be liable for your losses or damages. However,
we will not be liable for direct or consequential damages
in the following events:
- If, through no fault of ours, there is not enough money
in your accounts to complete the transaction, if any funds
in your accounts necessary to complete the transaction are
held as uncollected funds pursuant to our Funds Availability
Policy, or if the transaction involves a loan request exceeding
your credit limit.
- If you used your Card or access code in an incorrect manner.
If the ATM where you are making the transfer does not have
enough cash.
- If the ATM was not working properly and you knew about
the problem when you started the transaction.
- If circumstances beyond our control (such as fire, flood,
or power failure) prevent the transaction.
- If the money in your account is subject to legal process
or other claim.
- If funds in your account are pledged as collateral or
frozen because of a delinquent loan.
- If the error was caused by a system of any participating
ATM network.
- If the electronic transfer is not completed as a result
of your willful or negligent use of your Card, access code,
or any EFT facility for making such transfers.
- If the telephone or computer equipment you use to conduct
audio response or electronic/PC transactions is not working
properly and you know or should have known about the breakdown
when you started the transaction.
- Any other exceptions as established by the Credit Union.
Preauthorized Payments
- Stop Payment Rights.
If you have
arranged in advance to make regular electronic fund transfers
out of your account(s) for money you owe others, you may
stop payment of preauthorized transfers from your account.
You must notify us orally or in writing at any time up to
three (3) business days before the scheduled date of the
transfer. We may require written confirmation of the stop
payment order to be made within fourteen (14) days of any
oral notification. If we do not receive the written confirmation,
the oral stop payment order shall cease to be binding fourteen
(14) days after it has been made.
- Notice of Varying Amounts.
If
these regular payments may vary in amount, the person you
are going to pay is required to tell you, ten (10) days
before each payment, when it will be made and how much it
will be. You may choose instead to get this notice only
when the payment would differ by more than a certain amount
from the previous payment or when the amount would fall
outside certain limits that you set.
- Liability for Failure to Stop Payment of
Preauthorized Transfers.
If you order us to stop
payment of a preauthorized transfer three (3) business days
or more before the transfer is scheduled, and we do not
do so, we will be liable for your losses or damages.
10. Notices.
All notices from us will be
effective when we have mailed them or delivered them to your
last known address in the Credit Union's records. Notices
from you will be effective when received by the Credit Union
at the address specified in this Agreement. We reserve the
right to change the terms and conditions upon which this service
is offered. We will mail notice to you at least twenty-one
(21) days before the effective date of any change. Use of
this service is subject to existing regulations governing
the Credit Union account and any future changes to those regulations.
The following information is a list of safety precautions
regarding the use of Automated Teller Machines (ATM) and Night
Deposit Facilities.
- Be aware of your surroundings, particularly at night.
- Consider having someone accompany you when the ATM or
night deposit facility is used after dark.
- If another person is uncomfortably close to you at the
time of your transaction, ask the person to step back before
you complete your transaction.
- Refrain from displaying your cash at the ATM or night
deposit facility. As soon as your transaction is completed,
place your money in your purse or wallet. Count the cash
later in the safety of your car or home.
- If you notice anything suspicious at the ATM or night
deposit facility, consider using another ATM or night deposit
facility or coming back later. If you are in the middle
of a transaction and you notice something suspicious, cancel
the transaction, take your Card or deposit envelope, and
leave.
- If you are followed after making a transaction, go to
the nearest public area where people are located.
- Do not write your personal identification number or code
on your ATM Card.
- Report all crimes to law enforcement officials immediately.
11. Billing Errors.
In case of errors or
questions about electronic funds transfers from your share
and share draft accounts, telephone us at the following number
or send us a written notice to the following address as soon
as you can. We must hear from you no later than sixty (60)
days after we sent the FIRST statement on which the problem
appears. Call us at:
- 1-800-554-8969
- (860) 649-7922
- Fax: (860) 647-7391
or write to:
If you tell us orally, we may require that you send us your
complaint or question in writing within ten (10) business
days.
We will tell you the results of our investigation within
ten (10)` business days after we hear from you and will correct
any error promptly. If we need more time, however, we may
take up to fortyfive (45)" days to investigate your complaint
or question. If we decide to do this, we will credit your
account within ten (10)' business days for the amount you
think is in error, so that you will have the use of the money
during the time it takes us to complete our investigation.
If we ask you to put your complaint or question in writing
and we do not receive it within ten (10) business days, we
may not credit your account.
We will tell you the results within three (3) business days
of 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.
* If you give notice of an error within thirty (30) days
after you make the first deposit to your account, we will
have twenty (20) business days instead of ten (10) business
days.
** If you give notice of an error within thirty (30) days
after you make the first deposit to your account, notice of
an error involving a point of sale transaction, or notice
of an error involving a transaction initiated outside the
U.S. its possessions and territories, we will have ninety
(90) days instead of forty-five (45) days to investigate.
NOTE: If the error you assert is an unauthorized
VISA transaction, other than a cash disbursement at an ATM,
we will credit your account within five (5) business days
unless we determine that the circumstances or your account
history warrant a delay, in which case you will receive credit
within ten (10) business days.
12. Termination of EFT Services.
You may
terminate this Agreement or any EFT service under this Agreement
at any time by notifying us in writing and stopping your use
of your Card and any access code. You must return all Cards
to the Credit Union. You also agree to notify any participating
merchants that authority to make bill payment transfers has
been revoked. We may also terminate this Agreement at any
time by notifying you orally or in writing. If we terminate
this Agreement, we may notify any participating merchants
making preauthorized debits or credits to any of your accounts
that this Agreement has been terminated and that we will not
accept any further preauthorized transaction instructions.
We may also program our computer not to accept your Card or
access code for any EFT service. Whether you or the Credit
Union terminates this Agreement, the termination shall not
affect your obligations under this Agreement for any EFTs
made prior to termination.
13. Governing Law.
This Agreement is governed
by the Bylaws of the Credit Union, federal laws and regulations,
the laws and regulations of the state of Connecticut and local
clearinghouse rules, as amended from time to time. Any disputes
regarding this Agreement shall be subject to the jurisdiction
of the court of the county in which the Credit Union is located.
14. Enforcement.
You are liable to us for
any loss, cost or expenses we incur resulting from your failure
to follow this Agreement. You authorize us to deduct any such
loss, costs or expenses from your account without prior notice
to you. If we bring a legal action to collect any amount due
under or to enforce this Agreement, we shall be entitled,
subject to applicable law, to payment of reasonable attorney's
fees and costs, including fees on any appeal, bankruptcy proceedings,
and any post-judgement collection actions. |
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