Our membership is available to download here, or you can view it below:
- Membership, Account & Account Services
- Electronic Signatures, Electronic Contracts and Electronic Records
- Electronic Funds Transfers and Agreement
- Internet Banking Agreement and Disclosure
- Online Bill Payment Service
- Check 21 Disclosure
- Uniform Commercial Code Funds Transfers
- Funds Availability Policy (revised – effective July 1, 2020)
- Truth-in-Savings Disclosure
Notice to Members: The laws and regulations governing the financial services we provide are complex. To insure your understanding of our relationship with you, we provide this detailed agreement which explains both your responsibilities and ours. Please read this document carefully, and feel free to ask any questions regarding these terms and conditions.
BINDING ARBITRATION: EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THIS ARBITRATION PROVISION SUBSTANTIALLY LIMITS YOUR RIGHT TO BRING A LEGAL ACTION IN A JUDICIAL FORUM (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT AS SET FORTH HEREIN).
PLEASE READ THIS SECTION CAREFULLY. THE PARTIES WILL NOT HAVE A RIGHT TO HAVE A JUDGE OR JURY DECIDE ANY CLAIM OR DISPUTE; AND THE ABILITY TO APPEAL IS LIMITED IN AN ARBITRATED MATTER HEREUNDER. ANY DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. FURTHER, NEITHER PARTY NOR ANYONE OF THEIR BEHALF CAN PURSUE ANY CLAIM OR DISPUTE IN ANY CLASS OR REPRESENTATIVE CAPACITY. IT IS THE INTENT OF THE PARTIES HERETO TO PROVIDE A FUNDAMENTALLY FAIR AND LESS COSTLY FORUM TO ADDRESS ANY DISPUTES BETWEEN THE PARTIES; AND THE PARTIES SPECIFICALLY AGREE TO THIS ALTERNATIVE METHOD OF DISPUTE RESOLUTION AS AN INTEGRAL PART OF THE RELATIONSHIP BETWEEN THE PARTIES. SEE PARAGRAPH 27 OF THE MEMBERSHIP SECTION FOR COMPLETE DETAILS.
This Booklet and the Rate and Fee Schedule (“Schedule”) explain the rules which govern your account(s) and account services with us. Please read this Booklet and the Schedule carefully and keep them in a safe and convenient place.
Your relationship with the Credit Union is also governed by state and federal laws, which may change from time to time. The body of law is too large and complex to be reproduced here. The purpose of this Booklet is to: (1) summarize the rules applicable to common Transactions; (2) establish rules to govern Transactions not regulated by state or federal law; (3) establish variations that will apply to certain rules, events or Transactions as permitted by applicable law; and (4) provide you with certain disclosures and information regarding our policies as required by law. By signing a Membership Application and Signature Card or your use or continued use of any account or account services after receiving this Booklet, notice of its availability or notification of any change in terms, you, jointly and severally, agree that you understand and agree to the terms and conditions stated in this Booklet, and the Schedule, as amended from time to time.
MEMBERSHIP, ACCOUNT AND ACCOUNT SERVICES AGREEMENT — GENERAL TERMS AND CONDITIONS
- Terms, Conditions and Limitations of Your Relationship with the Credit Union. The purpose of this Section is to state the terms and conditions that apply to all of your accounts, account services or other relationships with us, including without limitation loan, safe deposit and other services. You understand that the agreements, terms, conditions, rules and regulations applicable to your loans, and any other applicable account(s) or service(s) remain in full force and effect and continue to be applicable, except as specifically modified by this Agreement. Further, to the extent that the terms of a specific Subsection of this Agreement vary from the terms set forth in this Section, the specific terms and conditions of the Subsection will govern our relationship with you. All Credit Union services are further governed by the terms and conditions set forth in your Account Card(s), account receipts, addenda or schedules that accompany agreements and/or disclosures, statements and certificates; any other application or agreement we require; together with the Credit Union’s Bylaws, policies and procedures, which are herein collectively referred to as “Agreement”. This Agreement governs all services whether opened now or in the future. This Agreement may be amended or revised by us at any time, and any change in the Agreement shall be immediately effective unless otherwise specifically required by applicable law. This Agreement is binding upon the account owner and all parties hereto together with their heirs, successors, assigns and any other person claiming any right or interest under or through said parties. You agree at all times that you will comply with all Applicable Laws. “Applicable Laws” shall include: “(i) Visa U.S.A. Inc. Bylaws, Visa U.S.A. Inc. Operating Regulations, Visa U.S.A. Inc. Certificate of Incorporation, Visa International Bylaws, and Visa International Operating Regulations; (ii) NACHA’s (The National Automated Clearing House Association) Operating Rules and (iii) any and all laws, treaties, rules, regulations, or regulatory guidance of the government of the United States, any state thereof, or of any applicable foreign government or state thereof, as the same may be amended and in effect from time to time; and you agree that such Applicable Law shall govern despite any other general or specific terms or conditions set forth in the entirety of this Agreement.
- General Definitions. In this Booklet the words “you” or “your(s)” mean everyone that signs any Account Card or is authorized to make Transactions regarding your account(s) as provided herein or by governing law, including any account service(s). “We,” “us,” or “our” means the Credit Union.
“Account Card” means any signature card, account change card or other form required to open or change an account or obtain an account service with us. Share drafts include checks and other instruments drawn on your account(s) or submitted for deposit or collection.
“Access Device” means any card, electronic access device and/or any codes, passwords or personal identification numbers (PIN) that we issue to allow you to access and/or use any account or other services. With regard to online or internet transactions an access devise shall also include any computer, smart-phone or other hardware used to make or process a transaction.
“Authorized User” means any person who has actual, implied or apparent authority, or to whom any owner has at any time given any information, access device or documentation that enables such a person to access, withdraw, make transactions to or from your accounts, or to use any of your account services. If you authorize anyone to use your access devices, that authority shall continue until you specifically revoke such authority by notifying the Credit Union in writing or as required by applicable laws. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate any or all of your account services immediately. This definition is intended to be construed broadly and includes without limitation all users acting under a written document such as a power of attorney as well as any person or entity that is authorized to make deposits or debits to or from your accounts with us.
“Check” means an acceptable written “instrument” on your account(s) and includes the term “share draft.”
“Instrument” means a written order as defined by Articles 3 and 4 of the Uniform Commercial Code pursuant to the laws of the State set forth in this Agreement.
“Member” means the person(s) who has established their “membership” with us as set forth in this Agreement and applicable law. Each person must deposit and maintain the par value of the required shares to be a member.
“Owner” means the person(s) who have a present ownership interest in the sums on deposit in the multiple party (joint) accounts with the Credit Union, subject to the Credit Union’s lien rights or any security interest. A person is not an “owner” unless specifically designated as such in a completed and signed Membership Application and Signature Card.
“Shares” for the purpose of your pledge to secure your obligations to the Credit Union, our common law right of set off, and otherwise, “share(s)” mean all deposits in any share savings, share draft, club, share certificate, P.O.D., revocable trust or custodial account(s), whether jointly or individually held — regardless of contributions, that you have on deposit now or in the future, all of which are deemed “general deposits,” for the purpose of your pledge. Your pledge does not include any I.R.A., Keogh, tax escrow, irrevocable trust or fiduciary account in which you do not have a vested ownership interest.
“Transaction or transaction” means any deposit, order, transfer, payment, purchase via POS transaction or otherwise, withdrawal or other instruction relating to any account or account service provided by the Credit Union.
3.a. Inappropriate Transactions. You warrant and agree that you will not use any Credit Union Accounts or Services, including but not limited to loans, to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such use, including any such authorized use, will constitute a breach of this Agreement. Certain federal and/or state laws or Third-Party Service Providers’ Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law; or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as debits, charges or other transactions at or relating to a hotel-casino. You understand and agree such limitations/prohibitions are not within the Credit Union’s control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s); or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices.
3.b. Taxpayer Identification Numbers (TIN) and Certification. Pursuant to the Account Card used to open your account(s) with us, you provided a certification regarding the accuracy of your taxpayer identification number (usually your Social Security Number) and whether your account is subject to backup withholding under the Internal Revenue Code. You acknowledge and agree that this certification applies to any and all accounts you have with us now or in the future, unless you provide written notification to us that specifically provides otherwise.
3.c. Transaction Limitations and the Credit Union’s Business Days. Except as may be otherwise specifically provided in our Agreements, all Transactions after our “daily cut-off time” and made on days that are not our business days as set forth in the Schedule will be treated, transmitted, recorded, etc., as applicable and appropriate as if received/directed on the next business day that we are open. Deposits, orders, instructions, requests, etc., received by mail, electronically, at an unstaffed facility, or outside depository will be processed and credited only when actually received by us, and we shall have no responsibility until we actually receive the ite
4a. Membership Benefits and Obligations. Upon approval of your application and the deposit of any required shares, you become a “member-owner” of this Credit Union. As a “member-owner” you are eligible to apply for all Credit Union deposit, loan and other financial services; and you may vote at all annual or special meetings of the membership if you are 16 years of age or older. You have an obligation to the Credit Union and all other member-owners to follow the rules established from time to time for the use of these services, and not to cause the Credit Union any loss. This includes, but is not limited to your obligation to repay all debts, loans, credit advances as well as other contractual, equitable and statutory obligations that may be payable by you to us.
CROSS-COLLATERALIZATION: To reduce the possibility of loss, members grant to the Credit Union a lien on all shares and agree that all collateral pledged to secure any loan obligation owed to us will also secure payment of your other obligations. This pledge will secure all obligations owed at the time of the pledge or which arise thereafter. This “cross-collateralization” of your obligations applies to all debts regarding your accounts, loans or otherwise, including but not limited to each closed-end loan obligation, each advance under any open-end loan plan, all obligations under any credit card agreement with us, and overdrafts. Unless a contrary intent is evidenced in writing, obligations secured by a primary residence are not included in the “cross-collateralization” of your obligations to us.
4b. Credit Union’s Right to Investigate. It is agreed that it is critical to the Credit Union and its members that the Credit Union have full rights to investigate all transactions, methods and means of making transactions to protect its members and the Credit Union. Therefore, it is agreed that upon notification of any claim of error, unauthorized transaction(s) or other notification related to or arising from any transaction(s), methods or means of making transactions the Credit Union shall have full rights of investigation to extend to all persons, means and methods of making transactions. It is expressly agreed that this shall specifically include the right to inspect and scan a member’s or users access device(s); and to report the Credit Union’s findings of such investigation to all owners and/or users.
- Credit Reports, Membership-Account Eligibility and Other Credit Union Services. To open or maintain any account(s) or service(s) with us, you must qualify for membership and deposit and maintain the par value of the required shares as provided by the Credit Union’s Bylaws and other applicable laws. To verify your eligibility or continued eligibility for membership, any account(s), service(s), or loan products; increases or decreases in services and/or credit limits, now and in the future; or as needed to comply with any applicable law, regulation or governmental agency requirements, you authorize us to make inquiry to determine your employment history and to obtain information concerning any accounts with other institutions and your credit history, including consumer credit reports. You agree that this authority applies to any account, account-related service, loans or other financial products you request or which we may offer or make available to you. We may also report information concerning your account(s) and credit to others.
Defaults and Your Credit Reports: The Credit Union may report information about your account(s) to third parties such as credit reporting agencies/bureaus. Late payments, missed payments, insufficient funds transactions or other defaults on your loan and share/share draft account(s) may be reflected in your credit report.
- Deposits to Your Account(s) and Instruments Paid/Cashed. Funds may be deposited to any account, in any manner that is acceptable to us. Deposits may be made by mail, in person at any of our offices having facilities to accept deposits, or by direct deposit or other electronic funds transfer allowed by us.
a. Endorsements. You authorize us, in our discretion, to 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 any one or more owners on the account, whether or not endorsed by all payees. All owners are deemed to receive the benefit of all deposits and the proceeds of such deposits; and we may give cash back to any payee. You authorize us to supply missing endorsements of any owners. 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 placed in the space on the back of the share draft or check between the top edge and 1½ inches from the top edge. We may accept drafts or checks with endorsements outside this space. However, if any such endorsement or any other markings you or any prior endorser has made on the draft or check cause any delay or error in processing the item for payment, you will be responsible for any loss incurred by us due to the delay or error. When you endorse any item your endorsement is a guaranty by you to us and all others who accept the item endorsed that the item you deposit is good; that the funds are properly payable; and you give other warranties under applicable laws. This means that if the item is not good or is not paid for any reason you are fully responsible to us or any other person for the amount of the item.
a1. Substitute Checks: You agree not to deposit any substitute check or similar item that you have created, or for which no financial institution has provided any substitute check warranties and indemnity. If you do so, you agree to indemnify us for all losses we incur in connection with the substitute check or item. You agree not to deposit any substitute check without our consent.
a.2. E-Checks: When you or any person with authority authorize any E-Check you agree: (1) that we may pay the item as submitted to us; (2) that you shall be solely responsible for all information transmitted regarding such item(s) including but not limited to the payee(s), the amount(s) of the item(s), and endorsements or the lack thereof; and (3) you agree to indemnify us for all losses we incur in connection with any E-Check you authorize.
b. Collection of Deposits. In handling deposits to your account, we act only as your agent for collection and assume no responsibility beyond the exercise of ordinary care. By signing the Signature Card or using any accounts or services, you specifically waive your rights to notice of non-payment, dishonor or protest regarding all items presented for collection. We have the right to refuse any order, transfer or deposit, limit the amount that may be offered for deposit and to return all or any part of a deposit. Special instructions for handling an item are effective only if made in writing and given to us separately along with the item in question. We will not be liable for any default or negligence of correspondents or for loss in transit, and each correspondent will only be liable for its own negligence. Items and their proceeds may be handled in accordance with applicable Federal Reserve and other/local Clearing House rules/agreements. We are authorized to pursue collection of previously dishonored items (including re-presentment), and in so doing we may permit the payor bank to hold an item beyond the midnight deadline. Items that we present or re-present may be truncated or converted to an electronic or other format. This means that if an item is not paid you are fully responsible for any loss we may incur in seeking to collect the item for you. Items not drawn by you upon us are not overdrafts, but are Insufficient Funds Items (“NSFs”) that you must pay to us if we incur any loss in seeking to collect such items for you.
c. Direct Deposits. We may offer a direct deposit option allowing you to preauthorize deposits (i.e., payroll checks, Social Security or retirement checks, or other government checks) or preauthorize transfers from other accounts with us. You must authorize any direct deposits to your accounts by a separate authorization form. If applicable, you must notify us at least thirty (30) days prior to any direct deposit or preauthorized transfer if you wish to cancel or change the direct deposit or direct transfer option. You agree that you have an obligation to notify us immediately regarding the death of any person that receives any federal or state retirement, welfare, benefits or other payments via electronic or other deposit. If we are required to reimburse the federal or any state government, agency or authority for any payment deposited into your account for any reason, you agree that we may deduct the amount returned from any of your accounts, unless prohibited by law; and that you will be obligated to repay to us on demand any such sums.
d. Direct Deposit or Transfer Authorization/Bankruptcy. If you file bankruptcy and fail to cancel any instructions in your direct deposit or transfer authorization, then you hereby instruct your employer and us to continue to make and apply deposits, make loan payments in order to avoid delinquency and other transfers in accordance with your authorization, until written notification is received by us to discontinue any payments or transfers.
e. strong>Multiple Payees. Unless any check, share draft or other instrument expressly indicates that the item is payable to conjunctive payees, the instrument shall be deemed payable in the alternative. If there is any ambiguity, the instrument shall be deemed payable in the alternative (example: a check payable to “A and B” is a conjunctive instrument. A check payable to “A or B;” “A, B;” “A/B”, where “A and B are listed on separate lines;” or otherwise, where not expressly conjunctive are payable in the alternative).
f. Deposit at ATM and Night Deposit Facilities. All deposits and payments made at an ATM that we own, or at one of our night deposit facilities are subject to the provisions and check collection procedures as disclosed to you in our “Funds Availability Policy.” Deposit transactions of cash and other items to your account(s) can only be accepted at specifically designated ATMs owned by us. Not all of our ATMs can process deposit transactions. If you make a deposit or payment at an ATM, you agree that the correct amount in the event of discrepancy between a written receipt or deposit slip will be the amount that the Credit Union finds in the envelope used to make the transaction. You further agree that the credit to account(s) for non-cash items will be conditional until we can collect the item. If we cannot collect the amount of a non-cash item, the amount will be deducted from your account.
g.Final Payment. All items, deposits, ACH (Automated Clearing House) transfers, or other transfers credited to your account are provisional and subject to our receipt of final payment. If final payment is not received, we may charge your account for the amount of such items or transfers or both and impose a return item charge as set forth in the Schedule on your account without notice. If we incur any fee collecting any item, we may also charge such fee to any of your accounts with us. We reserve the right to refuse or to return all or any item or funds transfer. We also have the right to charge back against any of your accounts with us all deposits, transfers, or collection items, including checks presented for payment of cash, that are returned to us due to non-payment, as a reclamation by the United States Treasury, or if we are required to repay any amounts previously collected for any reason whatsoever. These rights apply regardless of whether the amount of the item has been available for your use, or the amount of time that has passed since the date of the deposit.
If for any reason you do not have sufficient funds in your accounts to satisfy our charge back, then all joint owners agree to pay us the amount charged back on demand, together with all fees and costs as set forth herein.
- Transactions from Your Account(s). Generally, you may withdraw and/or transfer funds from your account(s) at any time subject to the limitations set forth in this section and the Funds Availability Disclosure in effect at the time of the deposit. Except as otherwise specifically provided in this Booklet or other written agreement(s) with us, all withdrawals shall be made in person or by written order, duly executed or by power of attorney upon a form acceptable to us and duly authenticated. Payments upon your order may be made in coin, bills, or checks at our option. You also agree that your account(s) are not assignable or transferable except to us, unless specifically authorized by the Credit Union in writing.
a. Restrictions on Withdrawals from All Accounts. In accordance with applicable law, we reserve the right to require you to provide written notice of any intended withdrawals from any account(s) of not less than seven (7) but not more than sixty (60) days before the intended date of withdrawal. Withdrawals will only be permitted if you have sufficient funds available in your account to pay the full amount of your withdrawal orders or you have an overdraft protection plan. If there are sufficient funds to cover some but not all of your withdrawal orders, we may permit those for which there are sufficient funds in any order we choose. We may refuse to allow a withdrawal, and will advise when required by applicable law if; for example: (1) there is a dispute between account owners; (2) a legal garnishment, attachment or levy is served on us; (3) the account(s) secures any obligation owed to us; (4) any required documentation has not been provided to us; or (5) you are delinquent or fail to pay a loan or any other obligation owed to us when due.
In addition to the foregoing if any person should instruct the Credit Union to make a large cash withdrawal (the definition of which shall be within the Credit Union’s sole discretion) in lieu of other methods of transferring funds offered by the Credit Union, the Member hereby releases the Credit Union from any and all liability, claims and demands whatsoever which arise from or in any way relate to the Member’s possession of any large sums of cash from the moment possession of same is made available to the Member; and Member will execute and deliver any further releases the Credit Union may require in connection with any such withdrawal.
In addition to the foregoing, for reasons that include your safety and that of the Credit Union, large amounts of cash are not maintained at any Credit Union facility. Therefore, daily cash withdrawals are limited to the sum set forth in the Schedule. Any amounts in excess of such limit must be facilitated by other means such as a cashier’s check or wire transfer.
b. >Transaction Limitations for All Share Savings and Money Market/Money Management Accounts. Pursuant to Federal Regulation D, during any calendar month, you may not make more than six withdrawals or transfers to another Credit Union account of yours or to a third party by means of a preauthorized, automatic, telephonic, home banking, or audio response transfer or instruction. A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders, including orders received through ACH. Any minimum withdrawal requirements are set forth in the Schedule. If you exceed the transfer limitations set forth above in any statement period, we may reverse or refuse to make the transfer, and your account will be subject to closure by the Credit Union and a fee as stated in the Schedule”
If payment is made directly to the depositor, you may make an unlimited number of withdrawals from these accounts in person, by mail, at an ATM, or by telephone if the withdrawal is mailed to you in a check. There is also no limit on the number of transfers you may make to any loan account(s) with us.
c. Term Share Certificates. Any term share certificate, certificate or share certificate accounts offered by the Credit Union are subject to the terms of this Agreement, the Schedule, and any account receipt or certificate, which are incorporated herein by reference. IRA certificate accounts are also subject to the limitations imposed by federal law and regulations and to any limitations set forth in your Credit Union IRA Agreement, the terms of which are also incorporated herein by reference.
d. Checking Accounts. The Credit Union may refuse any check or other item drawn against your account or used to withdraw funds from your account if it is not on a form approved by us. We also reserve the right to refuse any check or other item drawn against your account or used to withdraw funds from your account if made in a manner not specifically authorized for your account, if made more frequently or in a greater number than specifically permitted for your account, or if made in an amount less than the minimum withdrawal or transfer specifically permitted for your account. If we accept a check or other item not on a form approved by us, you will be responsible for any loss by us in handling the item. We pay checks drawn upon your account in the order of smallest to largest. Other items drawn on your account are paid in the order received, even if paying a particular item results in an insufficient balance in your account to pay one or more other checks or items that otherwise could have been paid out of your account. Because of the nature of the Credit Union check program, neither the Credit Union nor any other processing entities shall be responsible for the authenticity of the checks with regard to the signature or alterations; and checks, when presented, shall be paid without verification. We may disregard all information on or any writing or memorandum attached to any check or item except for your signature, the amount and the information that is magnetically encoded. You agree that we do not fail to use ordinary care because our procedures do not provide for sight examination. You agree to take precaution in safeguarding your blank checks. You will notify us immediately if you learn or have reason to know that any of your checks have been lost or stolen. If you are negligent in safeguarding your checks, we will not have any liability or responsibility for any losses you incur as a result of fraud or forgery if we pay any such check in good faith pursuant to standard commercial practices.
d.1. You agree that we may impose a fee as set forth in the Schedule on the payee or other holder of a check or other item drawn against your account(s) that is presented for payment over the counter (in-person or otherwise) at the Credit Union rather than being deposited in an account at another institution and presented for payment through the check collection system.
CHECKS FROM SOURCE OTHER THAN CREDIT UNION APPROVED VENDOR: The Credit Union approves the vendor(s) listed in the Schedule for check printing due to their high standards. Other companies that provide check printing services may not meet the high standards of our approved vendor(s) or may print terms or limitations that we do not agree to on such checks. Therefore, you acknowledge and agree that we have no responsibility or liability to you whatsoever resulting, arising or relating from/to: non-payment; returns as no account/insufficient funds or otherwise; limitations we do not specifically agree to in writing; or any other processing/payment error with regard to any check that is not printed by our approved vendor(s).
e. Telephone Transfers. A transfer of funds from one of your accounts to another of your accounts at the Credit Union may be made by telephonic instructions given by the same persons and under the same conditions that a written transfer request could be made. You agree that the Credit Union may rely upon the apparent authority of a person that is able to provide the Credit Union with the information we require to initiate a transaction by telephone.
f. Checks you Request from the Credit Union. If you request any check be issued by the Credit Union pursuant to any means we make available, then all such checks are payable to the first named owner of the account, record owner, trustee, custodian, or as otherwise indicated on your account card with us and will be mailed to your address of record.
g. Temporary Holds and Authorizations for Amounts in Excess of Transactions. To facilitate certain electronic transactions you make we may place temporary holds on funds in your accounts. These holds may be for periods of 36-hours or more; and are generally imposed by the transaction networks that process your payment requests. The Credit Union can neither control the parties with whom you do business nor regulate the processing of transactions through the commercial networks used to facilitate your transactions; Therefore, it is your obligation to ensure that sufficient funds are on deposit at all times to cover the transactions you make – including the amount that may be subject to these holds. Pursuant to the processing networks rules a merchant (hotel, car rental company, retailer, etc.) may obtain authorization for up to 3 times the total estimated amount of your actual hotel stay, car rental or purchase. This is deemed to be an “authorized amount” by you and the authorized amount will not be available via your account for 36 hours or more after your bill is finally settled with such merchant(s), which can cause an insufficient funds situation in your account(s). Even if your bill is satisfied with another form of payment, the merchant/retailer may continue to hold the funds as originally authorized by you for these time periods. In order to avoid problems associated with these holds and authorizations, we recommend you not use your debit/check card when checking in at hotels or renting cars (which are the primary source of such holds/authorizations). Note: Using your debit card to settle your bill at departure should not subject you to these risks.
h. Restrictions Required by Applicable Laws. We will block, limit or otherwise restrict certain accounts or transactions when we believe in good faith that certain laws including but not limited to the Bank Secrecy Act, USA Patriot Act and Office of Foreign Assets Control Act require us to do so.
- Collection Items: We may accept certain items — such as certain securities and checks payable in foreign currencies or at foreign locations — on a collection basis only. We route and process collection items separately from your other deposits. We normally credit your account for collection items only after we receive payment for them. But if we do credit your account and then do not receive payment, we may debit your account for the amount of the item. We may also receive items from other financial institutions on a collection only basis. Upon presentment of a collection item we will follow the presenting institution’s instructions and pay the item if funds are available in your account or otherwise pursuant to your agreements with us.We charge fees for processing collection items (sending and receiving) as set forth in the Schedule. The financial institution on which the collection item is drawn may also charge you fees. If the other financial institution requires payment of a fee before that institution will process the collection item, we may pay the fee and charge your account. Otherwise, the other financial institution may subtract its fee from the amount of the payment we receive. Any fees may apply even if the collection item is returned unpaid.
- Account Rates and Fees. Our payment of dividends on your account(s) is subject to the account rates, fees, compounding and crediting policies and balance requirements set forth in this Agreement. Fees applicable to all accounts and account services are set forth in the Schedule. We may transfer from any of your account(s) any charges or costs in connection with the operation and maintenance of account(s) as stated in this Agreement or the Schedule. You agree that we may change the Schedule at any time upon proper notice as required by law.
- Authorized Signature. We are authorized to recognize any signature on an Account Card or document, but will not be liable for refusing any order or item if we believe in good faith that the signature on any order or item is not genuine. We are authorized to honor any Transactions initiated by a third person if you provide your access device or other information to a third person. Also, if you authorize the use of a facsimile signature, we shall not be liable for honoring any instrument that appears to bear your facsimile signature, even if made by an unauthorized person.
- Account Access. You may make deposits, withdrawals, transfers and other authorized transactions from your account(s) in any manner specifically permitted by us, subject to the limitations and restrictions set forth in this Agreement or as otherwise provided for by applicable law.
a. Authorized User(s). You should exercise caution in providing authority, information, documentation or access devices to others. All withdrawals, transfers and transactions made by any person to whom you have at any time provided authority or the means to access your accounts or other services shall be deemed authorized by you, and the Credit Union will not have any responsibility or liability whatsoever for such withdrawals, transfers or other transactions. You and the person authorized (as defined herein) shall be jointly and severally responsible to the Credit Union for all such access or use of your accounts and services with us.
b. Access to Account Information. You agree that all owners, borrowers and authorized users, may have access to all of the information you provide to us, or which we gather and maintain regarding our relationships with you. This includes, but is not limited to information regarding transactions, account history, your loan relationships with us, and other information relating to or arising with regard to any of your accounts, loans or other services with us. You acknowledge and agree that any owner of a joint account or service, or any co-borrower may provide authority to others, or may make transactions involving others, who will have access to all such information as to all owners and/or co-borrowers. Further, you understand that we utilize a consolidated statement for your accounts, account services, loans and all other services with us. You understand and agree that we are authorized to send jointly and/or provide to any individual owner or borrower a statement that includes all of the information on the consolidated statement even though all parties receiving the statement may not be owners or borrowers as to all of the accounts or services addressed in the statement.
c. Sharing Information with Co-Borrowers, Co-Signers/Guarantors, Owners of Collateral Pledged and Other Lien Holders. You hereby consent and agree that we may share any information regarding your obligations with us or collateral pledged to secure any obligations you owe to the Credit Union with the persons listed in this subsection.
- Powers of Attorney. The Credit Union may allow a third person acting as your attorney-in-fact to make transactions regarding your account(s), pursuant to a Power of Attorney, but has no obligation to do so. You agree that we have no obligation to verify the scope, authenticity, and validity of any Power of Attorney presented to us. If we accept the Power of Attorney, the Credit Union has no duty to inquire as to the use or purpose of any transaction(s) by your attorney-in-fact, and may restrict or refuse account access, withdrawals and transfers. Further, you agree to reimburse the Credit Union for all costs and expenses, including attorneys’ fees, we incur and agree to indemnify us for any loss or other expense we incur from our acceptance of your Power of Attorney.
- Overdraft and Overdraft Protection Plan Agreement:An overdraft occurs when you make or authorize any transaction that exceeds the balance in any account with us that you access by check, electronically, or otherwise or if we impose a fee that exceeds the balance in your account(s) (“Overdraft”). Unless you have an approved overdraft protection agreement with us, you agree not to cause any Overdraft on any of your accounts with us. The Credit Union, in its sole discretion, may pay any Overdraft via a courtesy overdraft program or otherwise on a case-by-case basis, but has no obligation to do so, or to continue to do so. We may impose a fee as set forth in the Schedule for any Overdraft, whether paid or denied. You agree to pay to us promptly the amount of the Overdraft as applicable together with the fee pursuant to the Credit Union’s policies.The Credit Union has no obligation to notify you of any Overdraft, any Insufficient Funds Transaction, or charge that creates a negative funds balance in your account(s).You agree that the Credit Union may utilize any funds in any of your accounts to pay any overdrafts as defined herein or to pay any other debts that you owe as a result of any authorized acts. Authorized acts include, but are in no way limited to any transaction on your accounts, payments on your loans and other obligations whether pre-authorized or otherwise, any default or transaction that exceeds your authorized credit limits. Funds may be applied from any account in which you have a beneficial interest; and may include funds regardless of the source including but not limited to deposits of funds representing the payment of Social Security, Veterans benefits, or any other funds that may be subject to limitations under federal or state laws. Any application of funds hereunder shall be deemed a voluntary transfer that you have authorized. Further, you agree that any overdraft protection plans you have now or in the future are intended to cover and be utilized for any such matter addressed herein caused by or arising from the actions of any owner or authorized users.ATM and one-time debit card transactions require member opt-in using the methods we require in order for the Credit Union to exercise its discretion under this provision to pay these particular transaction types.Overdraft Protection Plan Agreement:
We offer a plan that allows you to elect the source for payment of overdrafts. If you have an overdraft protection plan with us, we will transfer funds as necessary to honor your overdrafts from your account(s) and/or from an overdraft line of credit as specifically directed by you in a separate overdraft protection plan agreement/election, the terms of which are incorporated herein by reference. Any transfers from a loan account are governed by the loan agreements that document such loan, as well as the overdraft plan agreement/election. You will not have overdraft protection unless you are approved for this service and sign/initial the overdraft plan agreement/election, and there are funds sufficient to pay the amount of the overdraft available in the accounts you elect. You will not have overdraft protection from any line of credit unless you are approved for such credit by us, and there is sufficient available credit balance to pay the amount of the overdraft.
- Postdated and Stale Dated Drafts. We may pay any draft without regard to its date unless you notify us in writing 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; must accurately describe the draft, including the exact number, date and amount; and you must pay any fee we require as set forth in the Schedule. 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. 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; however, we have no obligation or liability to you or any other party to the instrument or in the chain of the collection process if we do so.
- Stop Payment Orders. If you don’t want us to pay a specific written instrument such as a personal check, you can ask us to place a “Stop Payment Order” (“SPO”) on the instrument. You can notify us by mail, telephone, electronically, or in person. Any such instruction must be given to a teller, member service representative or branch manager of the Credit Union. Your SPO will take effect when we record it on your account. A SPO will not be valid and binding on us unless your SPO includes your account number, the number and date of the written instrument, the name(s) of the payee(s), and the exact amount of the instrument. If this is a multiple party account, we will accept a SPO from any owner regardless of who signed the instrument or otherwise authorized the Transaction. Only the person placing the SPO may release the SPO. We will charge you a service charge for any SPO as set forth in the Schedule, which sum may be transferred by us from any owner’s account(s) or paid directly to the Credit Union. If you give an oral SPO that is not confirmed in writing by you or us within fourteen (14) days, your SPO will expire and the instrument may thereafter be paid by us.If you provide written confirmation, your SPO will be effective for a period of six (6) months. Further, you agree that the Credit Union, in its sole discretion, may confirm any SPO in writing by sending a notice to the address shown in our records, but has no obligation to do so. Such written confirmation by us will also be effective for a period of six (6) months. To extend the SPO for an additional six (6) months, you must deliver to us an additional written request that provides all of the information required for an initial SPO as described above in this paragraph.The Credit Union will not be responsible for any loss as a result of honoring a check: (1) more than fourteen (14) days after receipt of your oral order to stop payment; (2) more than six (6) months after your written order to stop payment, our written confirmation, or more than six (6) months after a written extension as provided herein; (3) through inadvertence, oversight or accident, we honor any postdated check; or (4) if you fail to provide us with complete or accurate information; or fail to meet your obligations as noted in this section or otherwise in this Agreement. We have no obligation to accept any order to stop payment on any certified check, cashier’s check, teller’s check or other instrument guaranteed by us. You will be responsible to the Credit Union if any claim or demand is made against us as a result of our acting in accordance with your stop payment order. This means that you are required to reimburse us for any loss or damages and reasonable costs, expenses or attorneys’ fees that we incur in defending the Credit Union against any claims or demands made against us as a result of following your stop payment order.You agree that any stop payment order received when you do not have sufficient funds on deposit in your account to cover the item on which you are requesting us to stop payment shall be subject to a service charge for return of an insufficient funds item rather than the service charge for a stop payment order. If available, any stop payment order we receive by electronic mail or by similar means shall be treated as an oral order.
- Legal Process and Other Adverse Claims. Should we receive any legal process, including any summons, order, injunction, execution, distraint, levy, or lien, (hereafter called “Process”), or other adverse claim which in the Credit Union’s opinion affects your account(s), we may, at our option and without liability: (1) refuse to honor orders to pay or withdraw sums from the account(s); and/or (2) hold the balance in the subject account(s) until the Process or adverse claim is disposed of to the Credit Union’s satisfaction; pay the balance over to the source of the Process; and/or comply with any specifically applicable laws in addressing the Process. We may also refuse to allow a withdrawal if there is a dispute between owners about the account or if the account secures any obligations owed to the Credit Union. Any Process or adverse claim is subordinate to our lien and security interest in all funds in your account(s). We may also charge you a fee for such matters as set forth in the Schedule.
- Statements. If the Credit Union provides a periodic statement for your account(s), you will receive a periodic statement from us, or notice of the availability of your statement describing all activity on your account(s) during the statement period as required by law. The periodic statement will list all account and/or loan information as described in this Agreement. If you have a multiple party account we are only required to provide one periodic statement to any of the account owners identified on the Account Card. If provided electronically, statements will be (1) e-mailed to you as an attachment; or (2) you will be sent a notice via e-mail that will direct you to a site we maintain or cause to be maintained where you may access, review, print and otherwise copy / download your periodic statements using procedures that we authorize. E-mails from us will be sent to the e-mail address provided by any owner.For checking accounts, you understand that when paid, your original check (or any substitute check) becomes property of the Credit Union and may not be returned to you. We have no obligation to retain the originals of any checks or other documentation. You agree to keep a copy of your original check in order to verify its validity. If you request us to provide you with an original check or sufficient copy, you agree that we may provide a copy or an electronic image of the original check. The Credit Union may charge you a fee as set forth in the Schedule for each requested item and /or for research as applicable.a. Your Duty of Examination: You understand and agree that periodic statements are made available to you on the date mailed by us or our agent; or are otherwise made available to you. You acknowledge and agree that checks and other instruments are also made available to you for review on the date the periodic statement is mailed or made available, even though they do not accompany the statement. You further agree that it is your duty and obligation to carefully and promptly review each periodic statement to verify that each transaction is authorized and accurate. You agree that we will have no responsibility or liability whatsoever for any forged, altered, unauthorized, unsigned, improperly endorsed, improperly encoded or inaccurate transaction or item if: (1) you do not review and notify us in writing within thirty (30) days of the mailing date of the earliest periodic statement containing information about or indicating any forgery, alteration, unauthorized signature or transaction, missing signature, improper or missing endorsement, encoding error or other inaccuracy; or (2) any checks or instruments are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature. Notwithstanding the foregoing, the time period for notifying us or making a claim under the Check 21 Act, with respect to a substitute check or an image of a substitute check that is sent with a statement or that appears on a statement, will be as set forth in the Check 21 Act.b. Your Duty to Notify Us: You agree that the information in each statement will be considered correct for all purposes and we will have no liability whatsoever unless you notify us in writing within the time described in this section. If you do not receive or have any problem accessing a periodic statement, you agree to notify us in writing within fourteen (14) days of the date that the statement is usually sent or made available by us. If you do not so notify us, you will be deemed to have received the statement for all purposes.c. Fiduciary Accounts: Statements will be provided to the fiduciary upon any trust, custodial or other fiduciary or representative account; and the requirements of this paragraph will be binding on all parties in interest with regard to such accounts pursuant to such delivery.
- Change of Name or Address. You will promptly notify us of any change of address or your name, including your e-mail or other electronic address by: (1) writing us at the address set forth in this booklet or (2) via e-mail using the “Contact Us” link on the Credit Union’s Web Site. In the absence of such notice, any mail, disclosure or notice to you at any: address, forwarding address provided to us by the U.S. Postal Office, or e-mail address shown by our records or any communication received from you will be deemed properly addressed; and unless otherwise provided by applicable law, constitute effective delivery of any item we may be required to provide, regardless of actual receipt by you. If we receive notice that address you provide to us is not or is no longer correct, or has changed without notice to us, and we attempt to determine your new name or address; then the Credit Union may, in its discretion: (1) charge a substantial fee as set forth in the Schedule to determine you current address; and/or (2) discontinue sending any statements, notices or other items to you until verifiable information is provided to correct any deficiency under this provision.
- Inactive/Dormant Accounts. If your account falls below any applicable minimum balance or you have not made any Transactions within the period of time specified in the Schedule, we may classify your account(s) as inactive. An account is generally only considered dormant when an applicable State law requires such classification (i.e., dormant or abandoned). Although having no obligation to do so, we reserve the right to not classify a particular account as either inactive or dormant if any owner thereof has other active accounts or services with us. You may be charged fees as set forth in the Schedule for inactivity, which is generally the failure to transact any business on an account for a period of 365 days or more. Unless specifically prohibited by applicable law, we may also charge a service fee set forth on the Rate and Fee Schedule for processing your dormant account (“Inactivity/Dormancy Fee”). You authorize us to transfer funds from another account of yours to cover any such fees. Unless prohibited by applicable law, we further reserve the right to transfer your dormant account funds to a general Credit Union account 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 applicable 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.
- Termination of Account(s) and Service(s). We, in our sole discretion, may terminate, limit or restrict, or change the terms, as we in our sole discretion deem appropriate, any of your account(s) or service(s), including but not limited to loan services, or place a freeze on any sums on deposit with us at any time without notice or require you to close your account(s)/service(s) and apply for a new account(s)/service(s) if: (1) there is a request to change the owners or authorized users; (2) there is a fraud/forgery or unauthorized use committed or reported; (3) there is a dispute as to ownership of any account or sum on deposit; (4) there are any share drafts that are lost or stolen; (5) there are returned unpaid items-Transactions not covered by an overdraft plan agreement with us or any abuse of any such plan per our assessment thereof; (6) there is any misrepresentation regarding any account(s) or service(s); (7) the Credit Union incurs any loss or believes it may incur any loss relating to any loan(s), account(s) or service(s) you have with us; (8) if we believe you have been negligent in protecting any access devices or codes; (9) we deem it necessary to protect the Credit Union from any risks or losses, or otherwise deem it to be in the best interests of the Credit Union, our members or our employees; (10) you breach any promise under this Agreement or any other agreements with us including but not limited to any default or other delinquency with regard to any loan or other agreements; (11) if bankruptcy or any other insolvency proceeding is filed by or against you, or if we otherwise deem you to be insolvent or incapable of meeting your obligations to us; (12) you refuse or fail to cooperate as provided in this Agreement; or (13) you violate any Credit Union policy, procedure or standard or any law, regulation or rule. We, on our own accord, may place a stop payment on any share draft, item or Transaction if we are notified or otherwise reasonably believe that any of the foregoing circumstances have occurred. If you do not accept any deposit or part of a deposit that we attempt to return after termination, then such deposit will no longer earn dividends. You may terminate a single party account at any time by notifying us in writing. We have the right to require the written consent of all parties to a multiple party account for termination. Club accounts may be terminated if deposits are not made within certain time periods in successive periods. We are not responsible for any draft, withdrawal, item or Transaction after your account is terminated. However, if we pay any item after termination, you agree to reimburse us upon demand.Residence Outside the U.S., Its Possessions or Territories. We may require that all checking accounts and related services be closed or deactivated if you move your residence to a country or place outside the U.S., its possessions or territories. You will have a period of thirty (30) days from the date you move to close or deactivate your checking account(s). Thereafter, the Credit Union may close your checking account(s) and related services as set forth herein.Duty to Cooperate. You have a duty to cooperate with us, and any law enforcement or government agent or agency with regard to any claim of fraud, forgery, unauthorized access or any other adverse claim(s).Par Value Requirement. If your membership account balance falls below the required par value for membership, then your membership may be terminated by us pursuant to the Credit Union’s Bylaws. Upon termination, the Credit Union may charge a fee as set forth in the Schedule.
- Membership Termination. You may terminate your membership by giving us notice and complying with the policies and procedures of the Credit Union. Termination will not release you from any fees or obligations you owe us, those incurred in the process of closing your accounts or services or your liability on outstanding items or Transactions. You further agree that we can terminate your membership for cause based on any of the circumstances defined in this Agreement; without notice or further action. Upon termination, no Transaction(s) will be allowed.
- Death of Account Owner. We may continue to honor all Transactions on your account(s) until we receive actual notice of your death. After receiving actual notice, we may honor all Transactions you authorized for a period of ten (10) days, unless we are ordered not to do so by a person claiming an interest in your account(s). We can require any person claiming the funds in your account(s) to indemnify us for any losses we may incur as a result of honoring their order. Upon the death of an individual account holder, all funds on deposit shall be paid according to the express instructions in the Account Card (i.e., Payable on Death Beneficiary). If no express beneficiary(ies) is provided, survives the death of the last owner, or can be located via the information provided to the Credit Union by the owners, then all funds on deposit will be paid to the estate of the account holder. If there is no estate, then the Credit Union may, but has no obligation to do so, pay the funds to any heir, who will be solely responsible for any further distribution of said funds. The Credit Union may require documentation satisfactory to it be provided regarding any right, claim or fact regarding any matter related or arising from the payment of funds hereunder. The Credit Union will have no further obligation or responsibility and you agree that we shall have no liability to you, your estate or any heir, successor or assign relating to the distribution of such funds pursuant to this Agreement. The payment of any funds is subject to our lien or other security interest; and all debts you owe to the Credit Union will be paid from the funds in your accounts before any payment is made. In case of the death of a joint account owner, the deposits will be subject to additional provisions of this Agreement.
- Statutory and Consensual Liens on Shares. By signing an Account Card or other agreement conveying a pledge or security interest in shares, or your use of any accounts or services, you grant us and we impress a lien on any and all funds (“shares”) in all joint and individual share accounts, together with all dividends, regardless of the source of the shares or any individual owner’s contributions. This lien secures any account owner’s joint and individual obligations to us now or in the future, whether direct, indirect, contingent, or secondary. Payment of any sums to a joint owner, beneficiary, or other party will be subject to payment of all outstanding obligations owed to us.You agree that this lien is created and/or impressed, as applicable, as of the first date that any applicable account is opened with us. This lien secures all debts you owe us, including but not limited to those arising pursuant to any loan agreements, or under this Agreement, or arising from any insufficient funds item; or fees; or costs; or expenses; or any combination or all of the above. You authorize us to apply shares to any obligations owed to us if you default or fail to pay or satisfy any obligation to us, without any notice to any account owner or other party. This right is immediate and applies to all accounts which means there will be no limitation or delay with regard to any stated maturity date as to any certificate or other applicable shares.
- Right of Set Off. You agree that the Credit Union at all times retains the common law equitable right of set off against shares with regard to any debt or obligation owed to us individually or otherwise, which right may be exercised by us without legal process or notice to any account owner.
- Status Quo – Collateral Preservation. You specifically agree that all shares on deposit constitute collateral for all obligations owed to the Credit Union. You agree that the Credit Union has the right to preserve this collateral, and may use appropriate administrative procedures (including but not limited to placing a temporary hold or “freeze” on such funds) to safeguard such funds if the Credit Union at any time has reason to believe such collateral may be impaired or at risk due to any default, bankruptcy, breach of any agreement or promise, or as otherwise provided for by our agreements or applicable law, without notice to any owner. In the case of any bankruptcy proceeding, the Credit Union has a right to preserve such collateral as set forth herein as cash collateral; and is not required to surrender or turnover such collateral absent the owner’s filing any appropriate motions and the entry of an order either providing for adequate protection of the Credit Union’s rights in such collateral, or modifying or terminating the automatic stay as to such collateral. You further agree that the Credit Union’s exercise of this right to safeguard or “freeze” funds on deposit shall not constitute a violation of the automatic stay afforded by the Bankruptcy Code.
- General Limitation on 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: through no fault of ours, your account does not contain enough money to make the transaction; circumstances beyond our control prevent the transaction; your loss is caused by your negligence or by another financial institution; or the money in your account is subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. Our actions will constitute the exercise of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearinghouse rules, and general banking practices followed in the area served by us. You grant us the right, in making payments of your funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between oral representations by you or Credit Union employees and any written form will be resolved by reference to this Agreement and applicable written form. You agree that the person(s) establishing any account with us are solely responsible for the structure and information provided for the account (e.g., owner(s) name(s), Social Security or other Tax ID Number, trustee(s), custodian(s), etc…); and we provide no advice and make no representations regarding the structure of any account(s) or other services. The Credit Union will not have any responsibility or liability to you or others relating to the dishonor or other return of any check, draft, ACH transaction or other order occurring as a result of our exercising our lien rights or freezing any accounts in order to protect or preserve such rights; insufficiency of funds; or otherwise.
- Mandatory Arbitration of Disputes and Claims. Arbitration is a method of deciding disputes outside the court system. The parties agree and understand that they choose arbitration instead of litigation to resolve all claims and disputes not specifically excluded. This provision governs when and how any disputes you and we may have will be decided. Unless specifically prohibited by applicable law all disputes, claims, damages, choses in action, claims for injunctive relief or controversies arising from or relating in any way to the agreements, relationships, accounts, loans, or security agreements between you and us; the relationships which result or arise as a result of this Agreement; any rights, privileges or services you receive from us now or in the future; any claims or disputes arising in or ancillary to any bankruptcy or other insolvency proceeding; or the validity of this clause (together referred to collectively as Agreement), shall be resolved by binding arbitration by a single arbitrator chosen with the mutual consent of the parties. The arbitrator must be an attorney with more than ten (10) years experience or a retired judge. If for any reason the parties do not consent to an arbitrator within thirty (30) days from the date that notice of a claim or intent to arbitrate is provided to the other party, then an arbitrator will be selected pursuant to the Rules of the American Arbitration Association (“AAA”). This arbitration Agreement is made pursuant to a transaction in Interstate Commerce, and shall be governed by the Federal Arbitration Act (“FAA”) at 9 USC § 1, et seq., as amended from time to time. It is understood and agreed that your Credit Plan Agreement(s), your Accounts, all transactions on your Accounts, and any dispute defined herein shall involve Interstate Commerce. If any dispute between us does not involve Interstate Commerce, such dispute shall be governed by the Arbitration Act for the State set forth in this Membership Agreement., as amended from time to time, in which case all references to the FAA herein shall be to said State Act. If the State has no Arbitration Act, then the parties will be governed by the Rules of the American Arbitration Act in any matter not involving interstate commerce The parties agree and understand that the arbitrator shall have all power provided by the law and this Agreement to make and enter findings of fact and determination of judgment based on the parties’ Agreements and applicable law, including but not limited to the rights of possession, off-set, property rights, money damages, declaratory relief, and injunctive relief. No arbitrator shall have the jurisdiction or authority to add to, take from, nullify or modify any of the terms the Agreement. The arbitrator shall be bound by the facts and evidence submitted to him. Arbitration will be subject to the rules of procedure and evidence consistent with the Rules of the American Arbitration Association, and the Arbitrator will not apply federal or state rules. The decision of the arbitrator shall be final and binding and may be enforced in accordance with the terms of either the Federal or applicable State Law, except for any specific appeal right regarding a judgment under the FAA or a judgment for more than $100,000. For these judgments, any party may appeal to a three-arbitrator panel appointed by and under the rules of the AAA. The decision of the panel will be by majority vote and will be final and binding except for any specific appeal right under the FAA. All provisions of this Arbitration Agreement will apply to the panel. Judgment upon the award rendered may be entered in any court having jurisdiction.Exception to Mandatory-Binding Arbitration for Small Claims: The parties to this agreement may bring any individual claim or action hereunder in the small claims court in the State that has jurisdiction pursuant to the provisions set forth in this Agreement as long as the amount of all claims or other actions does not exceed the lesser sum of $7,500.00 inclusive of costs and legal fees or the maximum limitations for venue in the State Court having proper jurisdiction for the resolution of small claims. No representative or class claims may be brought or asserted pursuant to this exception.WITH THE EXCEPTION OF THE MATTERS SPECIFICALLY ADDRESSED HEREIN, THE PARTIES AGREE AND UNDERSTAND THAT ALL DISPUTES (INCLUDING ALL LEGAL AND EQUITABLE RIGHTS AND REMEDIES) ARISING UNDER CASE LAW, STATUTORY LAW, AND ALL OTHER LAWS INCLUDING, BUT NOT LIMITED TO, ALL CONTRACT, TORT, REGULATORY, AND PROPERTY DISPUTES WILL BE SUBJECT TO BINDING ARBITRATION IN ACCORD WITH THIS AGREEMENT. Notwithstanding anything hereunto the contrary, the Credit Union retains an option to use judicial or non-judicial relief to enforce a security agreement relating to any collateral pledged to secure the Agreements between the parties, to enforce all monetary obligations by you to the Credit Union so long as there is no dispute that is subject to mandatory arbitration, or to foreclose on any collateral securing your obligations to us by way of replevin, claim and delivery, or otherwise. The initiation and maintenance of an action for judicial relief in a court [on the foregoing terms] shall not constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Agreement, including the filing of a counterclaim in any action brought by the Credit Union pursuant to this provision.
Any arbitration proceeding will take place in the federal judicial circuit where you live. If you cannot afford to pay the fees charged by the Arbitrator or any panel for an appeal as provided herein, we will consider any reasonable written request by you for us to pay the fees of the Arbitrator or Arbitration Panel. We will pay any fees or costs specifically required by applicable law. However, each party must bear the expense of that party’s own attorneys, experts, and witnesses, regardless of who wins the arbitration, except to the extent that applicable law specifically requires otherwise. The rules of the AAA will be applied to any arbitration between the parties, except in the event of any inconsistency between this Agreement and the rules of the AAA, in which case this Agreement will govern. Any costs we pay in order for you to bring a proceeding hereunder are subject to being awarded to us upon a ruling or an award by the arbitrator that is favorable to the Credit Union. The AAA and other legal assistance services may be able to refer you to legal assistance from government or non-profit organizations that provide assistance to those who can show a financial need for such assistance.
- Telephone Requests. You agree that funds in any account(s) with us can be transferred, upon the telephone request of any signer on the account, to another account with us or to any other financial institution. We shall not be responsible for any loss incurred as a result of our acting upon or executing any request, order or instruction we believe to be genuine. Furthermore, we reserve the right to refuse to execute any telephone request or order.
- Recording Conversations. You understand and agree that for our mutual protection we may record any of our telephone conversations.
- Information About Your Accounts and About You. Generally, we will not disclose information to third parties about your account(s) or about you without your permission. However, we may disclose information; (1) when it is necessary to complete transfers or Transactions; or to send notice of dishonor or nonpayment; (2) to our accountants; (3) to state or federal government regulators; (4) to exchange, in the regular course of business, credit information with other banks, financial institutions, or commercial enterprises, directly or through credit reporting agencies; (5) to advise third parties of accounts closed for misuse; (6) to furnish information to appropriate law enforcement authorities when we reasonably believe we have been the victim of a crime; (7) to comply with government agency or court orders, subpoenas or other legal process or to furnish any information required by statute; (8) to furnish information about the existence of an account to any judgment creditor of yours who has made a written request for such information; or (9) when we are attempting to collect an obligation owed to us. In addition, you understand and agree that we may, from time to time, request and review consumer credit reports and other information about you prepared by credit reporting agencies or others. You will be responsible to pay all legal, copying and other expenses incurred by us or payable pursuant to the Schedule regarding any subpoena or other legal process.You may apply for additional financial services, or seek to refinance your loan and other obligations from time to time with other lenders or financial service providers. You may also seek to sell, trade, transfer or exchange collateral pledged to secure your obligations to us. You authorize and specifically grant us permission to provide orally, electronically or in writing “payoff” and other information including the amounts you owe on all obligations to us, if we receive a request which we in good faith believe to be related to any such application, refinancing, sale, trade, transfer or exchange. To expedite such transactions for your benefit, you agree that we can rely on the representations made to us by a third party, and our duties to you hereunder do not require us to investigate or document a request for such information.
- Costs, Expenses and Attorneys’ Fees. All owners of account(s) or service(s) with us agree, jointly and severally, to pay us for all costs and expenses, including attorneys’ fees we may incur: (1) If it is necessary for us to bring any legal or other action to collect any sum you owe the Credit Union; (2) If we incur any costs or expense as a result of any order or instruction received from any owner or any owner’s agent under this Agreement, any adverse claim, legal process; your failure to comply with any obligation in this Membership Agreement or otherwise; (3) If we incur any expense as a result of any dispute, adverse or inconsistent claims; (4) If we bring any action contemplated in this Agreement; (5) If we successfully defend any claim against the Credit Union brought by any owner, agent, personal representative, executor, heir or other party in interest brought via any formal or informal process (including but not limited to arbitration or mediation) involving your accounts or services with us; or (6) If we deem it necessary to seek the advice or opinion of legal counsel or other professionals regarding the bona fides or legality of any transaction(s) to/from your accounts or involving any services with us, or any request for information or documentation regarding any of your accounts and/or services with us. If you are responsible to pay us any costs of collection or legal expenses incurred in collecting any amount you owe; in enforcing or protecting our rights under this Agreement or otherwise; or as provided in this subsection, including but not limited to costs of repossession, repair, appraisal, and all other costs or expenses, you agree to pay us the actual amount of such costs and expenses together with reasonable attorneys’ fees. In the case of any collection action you agree that 20% of the unpaid balance or such greater sum as may be appropriate based on the circumstances shall be a reasonable amount, unless applicable law specifically provides otherwise. Further, you agree to pay the Credit Union an additional sum for any costs, legal expenses or attorneys’ fees incurred in any appellate, bankruptcy or post-judgment proceedings, except as limited or prohibited by applicable law. Any costs, expenses or fees hereunder will be paid from any of your account(s) with the Credit Union before payment to any owner or other party. If the amounts in your account(s) are not sufficient, then the owner(s) of the affected account(s) or parties to any applicable services will immediately pay any difference.
- Right to Refuse Instructions/Orders. If you ask us to follow instructions that we believe might expose us to claims, suits, losses, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require a bond or other protections. Without in any way limiting our rights under this provision we specifically reserve the right to refuse to accept or conduct any transaction or business on behalf of any person or entity that claims trademark, copyright or other such status upon a personal name; but we have the right to do so without any limitation or liability in using any such name in the ordinary course of business; in providing any services we may offer; or in using such name in any other manner authorized by our agreements or applicable laws.
- Miscellaneous. In this Agreement, except as otherwise indicated, the singular includes the plural and the masculine includes the feminine and the neuter. Further, this Agreement or any claim or dispute arising hereunder shall be construed in accordance with and governed by the Laws of the State of South Carolina which law together with specifically applicable federal laws govern this Agreement unless specifically applicable law expressly requires otherwise.
You represent and agree that you shall perform all transactions, undertakings and all of your obligations under this Agreement in accordance with all applicable laws and regulations. This includes, but is not limited to sanctions enforced by the Office of Foreign Assets Control (OFAC). You shall indemnify Credit Union against any loss, liability or expense (including attorneys’ fees and expenses) resulting from or arising out of any breach of any of the foregoing representations or agreements.
Our web site and the electronic services that we provide (excluding linked sites) are controlled by the Credit Union from its principal offices within the State of South Carolina. While you may choose to access our web site and electronic services from other locations, we make no representation that any information, materials, or functions included in our web site or via our electronic service are appropriate or authorized for use in other jurisdictions. Your access from other locations is made on your own initiative; and you are solely responsible for compliance with any applicable local laws and regulations. Section headings in this Agreement are for convenience of reference only and shall not govern the interpretation of any provision of this Agreement. If any law or judicial ruling renders any term or condition of this Agreement unenforceable, the remaining terms and conditions shall remain in full force and effect. We reserve the right to waive enforcement of any of the terms set forth in this Agreement regarding any Transaction or series of Transactions. Any such waiver will not affect our right to enforce any of our rights with respect to any owner, user or other applicable person/party; or to enforce any of our rights with respect to other Transactions. Any such waiver shall not modify the terms and conditions of this Agreement. Transactions involving a loan will not alter the terms or conditions of the loan agreement(s), but will remain subject to the terms and conditions of this Agreement were not inconsistent with the loan agreement. In the case of any conflict, the loan agreement will govern.
If there is a dispute between owners or any other parties claiming an interest in any account(s) or transaction(s); if there is any dispute regarding ownership, entitlement, payment, an owner’s intent or instructions, or otherwise with regard to any account or any transaction; or if we receive inconsistent instructions or claims, we can in our sole discretion: (1) suspend or terminate the account(s) and require a court order; (2) require an agreement in writing that we deem sufficient; (3) file an interpleader or similar action and pay any sums in dispute into a court or other appropriate entity; or (4) take such other action as we deem appropriate
- Amendments and Changes. Changes to any account or account service requested by any member or account owner can only be made with the express consent of the Credit Union. If a change to a multiple account or service is requested, we may require that all multiple owners indicate their consent by signing our document evidencing the change. The Credit Union, in its sole discretion, may change any term or condition of this Agreement, including the method for determining dividends, at any time without notice except as expressly required by applicable law, and any change in the Agreement shall be effective at the earliest time allowed by applicable law.
- Member Organization or Business Accounts. Accounts held in the name of a member, organization, or association for business purposes are subject to the same terms set forth in the Agreement and the following additional rules. The account owners agree to inform us of the persons authorized to transact business on behalf of the business or organization in a resolution acceptable to us. The parties identified in the resolution will be authorized to contract and otherwise act on behalf of the entity identified. We may rely on the resolution, as applicable and corresponding Account Card until such time as we are informed of changes in a written document signed by any owner, officer or director of the organization that is actually delivered and received by us. We may require that third party checks payable to an organization not be cashed, and be deposited to a business account. Further, if a resolution or Account Card identifies the for any business or organizational purpose, such account is deemed to be a “business account” and may be subject to additional fees or other requirements.Business Account Error Resolution. In accordance with ACH Rules, corporate credit or debit irregularities/discrepancies must be reported within 24 hours of posting to your account in order to reinitiate the entry into the ACH Network. Account Statements and Notices: All transfers subject to this Agreement will be reflected on your periodic account statement(s). Notification of receipt of all such transfers will be provided by including such items in the periodic account statement(s) we provide to you. You may inquire whether a specific transfer has been received at any time during our normal business hours. You agree to review each statement or other notice for any discrepancies in connection with transfers. It is important to note, though, that having a business account relationship with us requires more diligent monitoring of your account than only relying upon periodic statements and notices, particularly as it relates to UCC Article 4A. We strongly recommend you monitor your account more than once a day and use our Online Banking to do so. If you think a transfer is not authorized, wrong, or if you need more information about a transfer, you must provide written notice to us upon discovery of the error and within 24 hours of the transaction occurring. Failure to do so will relieve us of any obligation to reverse the transaction, pay interest or otherwise compensate you for the amount of any unauthorized or erroneous transfer. Furthermore, the NACHA has clarified the right to re-credit as allowed by Regulation E is generally limited to consumer accounts. As such, the credit union is not obligated to re-credit a business account for unauthorized transactions.
- Multiple Party Accounts. Any or all owners can make deposits or withdrawals regardless of contributions. To make withdrawals, an owner must have his or her signature on file with us. If only one owner has signed a signature card, the account may be treated as an individual account. Each owner guarantees the signature of all other owners. We may accept orders, instructions, and requests for future services from any account owner. Any account owner may withdraw funds, stop payment of items, transfer or pledge to us all or any part of the shares in any account, and block, terminate or discontinue or close any transaction or service without the consent of the other owner(s). We have no obligation to notify the other account owner(‘s) of any pledge or other actions, orders or instructions by any owner. If there is a dispute between owners, if there is any dispute regarding ownership of an account or any deposit to an account by an owner or a party who we in good faith believe has a right to assert a claim or dispute (such as a personal representative of an owner), or if we receive inconsistent instructions, we can suspend or terminate the account(s) and require a court order or require an agreement in writing concerning any Transaction on the account(s). Each owner is jointly and severally liable for all returned items, overdrafts or any other obligations owed to the Credit Union as a result of any Transaction(s) on a multiple party account, regardless of the drawer, user or authorized user who orders or causes said Transaction(s).We have the right to endorse any drafts, checks, or other orders for the payment of money made out to any of the owners. Once endorsed, we can deposit them in any multiple party account, or we can endorse them for deposit by using a stamp to show a general endorsement for the account. Each owner appoints the others as his or her agent to endorse, deposit, withdraw, cash and conduct business for the account. Further, any owner may make requests for services or make elections relating to any multiple party account; and such requests or elections shall be binding upon all owners. Acting as an agent, any owner or owners can endorse a draft, check, or other payment order made out to any other owner or owners of the account and any owner may pledge to us the funds in any account to secure any joint or individual obligation to us. Once endorsed, the money can be taken in cash or deposited into any multiple party account. You agree that any money in this account can be paid to any one or more of the owners. This payment can be made on the orders or instructions of any of the owners, whether or not the other owners are alive at the time of the payment. If we make a payment following these rules, you release us from liability.Rights of Survivorship: Unless your account card specifically indicates otherwise, you agree that it’s your intention to create a joint tenancy with the right of survivorship (a form of ownership) in any multiple party account and if one or more of the multiple party owners dies, his or her interest in the account passes to the remaining owners; unless subject to our right of set-off or a pledge of the funds in the account(s), in which case all sums in the account(s) will belong to us regardless of contributions, up to the amount of the obligation(s) owed. We may not release any funds to a survivor until all required legal documents are delivered to us. Once a multiple party account is opened, one owner cannot remove another from the account. Further, the Credit Union reserves the right to require any changes to the account be made in writing signed by all account owners.
- Payable on Death. Payable on Death (“POD”) accounts are governed by your agreements with the Credit Union and applicable state law. A POD account instructs us that the designated account is payable to the owner(s) during their lifetimes, and upon death of the last account owner, is payable to the beneficiary(ies) designated by your Account Card. Either owner, during their lifetime, may change any designated beneficiary by written direction to us. Unless state law expressly requires otherwise, accounts payable to more than one beneficiary are to be treated as joint tenancies without rights of survivorship. This means that the sums in the account may be paid to any surviving beneficiaries individually or otherwise. However, no amount will be paid to any beneficiary, their heirs or successors, who are not living at the time the account becomes payable to beneficiaries. POD beneficiary designations do not apply to IRA accounts, but instead, are subject to your IRA Agreement/Certificate. The Credit Union has no obligation to notify any beneficiary of any POD account or the vesting of his or her interest. Further, the Credit Union is also entitled to all additional protections provided by applicable law regarding the payment of sums on deposit in POD accounts. If any beneficiary is not of legal age at the time the account(s) are to be paid to beneficiaries hereunder, then said amounts will be paid to the legal guardian of such beneficiaries. If the minor has no legal guardian, then the funds shall be retained in an account similar to the account from which the funds are payable, or such other account for which the deposit may qualify if no longer entitled to the benefits of the original POD account based on the terms we offer, until such time as the beneficiary reaches legal age. If allowed under applicable laws the member may intend such an account to serve as a form of trust for federal insurance considerations. However, the Credit Union makes no representations regarding such insurance and leaves such matters to the federal agency in question and the member’s intentions as applicable.
- Uniform Gifts to Minors Act and/or Uniform Transfer to Minor Act (“UGMA/UTMA”). All grantors, custodians and beneficiaries agree to the terms of this paragraph. If you have signed an account as custodian for a beneficiary under an applicable UGMA and/or UTMA, your rights and duties are governed by that Act. We have no duty to inquire into the use of any funds or purpose of any transaction by the account custodian/trustee. Upon the death of the account custodian/trustee where no successor custodian/trustee is appointed pursuant to applicable laws, we may place an administrative freeze on the account until we receive instructions from a person authorized by law to withdraw funds or an appropriate court order. Successor custodians/trustees shall provide documentation required to evidence compliance with applicable law(s) which meets our satisfaction. Unless applicable laws provide otherwise, it is understood and agreed that a successor custodian/trustee may be the minor’s legal guardian. If there is more than one legal guardian, the Credit Union can accept any such guardian as a successor custodian/trustee. Upon acceptance of a successor custodian/trustee, no instruction from any other guardian will be accepted. It is agreed that funds deposited into such an account belong to the beneficiary. When the beneficiary reaches the age of majority under the laws of the minor’s state of residence, the funds in any UGMA and/or UTMA may be paid or withdrawn by the beneficiary without notice or further action by us as this is the intent of the party establishing this account. The state of residence shall be established hereunder by the agreements between us or any statement conveyed to us by the beneficiary. If the beneficiary wishes to retain an account with us, the beneficiary can execute a new Membership Application and Signature Card. Any authority to make transactions will then be governed by the new signature card, and the authority of any custodian(s) will be terminated.
- Minors Accounts. For any account established by or for a minor, we reserve the right to require the minor account to be a multiple party account with an owner who has reached the age of majority under applicable state law who shall be jointly and severally liable to us for any of the other owners’ transactions, such as – but not limited to returned item, overdraft, or unpaid charges or amounts on such account. We may require that a minor sign the Account Card if the minor can sign his or her own name, but may accept the representative signature of the minor’s apparent guardian or parent (e.g., “Mary Doe by John Doe, Father”) on the Account Card – or for any transaction on behalf of the minor where we may require a signature. All parties to such an account acknowledge and agree that the minor’s apparent legal guardian may make any and all transactions we allow on behalf of a minor. As a joint owner, we may make payments of 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 right to access the account other than is a custodial capacity. We have no duty to inquire about the use or purpose of any transaction by the minor, parent or guardian or any account owner. We will not change the account status when the minor reaches the age of majority, unless a change is authorized in writing by all account owners.
- Custodial and Other Fiduciary Accounts. The Credit Union may open other accounts pursuant to a court order or to facilitate your request for a trust, custodial, probate or other acceptable purposes. We make no representations and give no advice concerning any such accounts and may refuse to open any account or refuse to follow any instruction that may expose us to any expense or liability.
Any individual acting as an agent, guardian, personal representative, trustee, Custodian or in some other fiduciary capacity must be designated to us as such on the Signature Card, as well as any other documentation we may require. We are authorized to follow the directions of any such agent/fiduciary until we receive written notice that the agency is terminated and have had a reasonable time to act upon the notice. Further, you specifically agree that we are not liable for the misapplication of funds by your agent/fiduciary.
Club Accounts. The Credit Union offers club plan account(s) to help you save for Christmas, vacations or other purposes. At the end of the club account period, you authorize the Credit Union to pay the balance in your account by depositing the balance into any account designated by you, or by such other means set forth in the Schedule. If paid electronically, this payment is deemed a pre-authorized transfer. If you withdraw funds during a period, we may require you to withdraw the entire balance and not allow additional deposits until the following club period. Club periods may be changed by the Credit Union from time to time. Since we plan to make a single withdrawal transaction at the end of a club period, we may charge a transaction fee for any additional withdrawal requests as set forth in the Schedule. There is no penalty for any withdrawal during the first seven (7) days after your account is opened. We presently offer the Club Accounts pursuant to the terms set forth in the Schedule.
We presently offer the following Club Accounts:
Christmas Club: The present plan period is October 16 through October 15 each year. You can make deposits any time during this period. To continue your club account for successive club periods, you must make a deposit before April 15 of the next club period. Failure to renew will result in the termination of the account. Except as expressly set forth in this paragraph, all other terms and conditions in this Booklet apply to your account.
Vacation Club: The present plan period is January 1 through December 31 each year. The same criteria will apply to these club accounts as for Christmas Club accounts with the exception of withdrawals. Two free withdrawals are allowed each calendar year from your Vacation Club account. The fee for withdrawals exceeding two each calendar year will be disclosed on our Rate and Fee Schedule.
ELECTRONIC RECORDS, ELECTRONIC MAIL (“E-MAIL”), FACSIMILE AND OTHER ELECTRONIC SERVICES AND COMMUNICATIONS.
- Agreement. If you contract with us electronically or otherwise, request documentation or disclosures electronically, you specifically consent and agree that we may provide all disclosures, agreements, contracts, periodic statements, receipts, notices, modifications, amendments and all other evidence of our transactions with you or on your behalf electronically (hereinafter all such documentation is referred to as “electronic record(s)”. You have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. Also, you may withdraw your consent and revoke your agreement to receive records electronically. To request a paper copy or to withdraw your consent and agreement to receive electronic records, call, write or email us as set forth in the Schedule. If an email is returned undeliverable, we will change your account statement status to paper and it will be your responsibility to re-apply for any electronic notification or disclosure services we offer and/or provide notice of your correct email address pursuant to your Membership
Agreement with us.
- Equipment and Software. To receive electronic records and to access our home banking services, you need a computer with a modem and web browser that meets the minimum requirements set forth on Page 46, Paragraph 5 in this Booklet. By requesting any electronic funds transfers, home banking, other electronic services or transactions, by submitting any application or agreement to us electronically, or by emailing us, you represent that you have such equipment and software and that you can download, access, read, review, print and store the electronic records we provide to you.
- Electronic Records. To facilitate electronic commerce, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that we may in our discretion store all records electronically; and that we will not retain and have no obligation to retain any original documents for any period of time. This applies to all documentation including but not limited to checks, transaction records, notes, mortgages, deeds of trust and other loan and/or security documentation. You further acknowledge and understand that we will routinely destroy all original documentation. We may store records electronically via imaging, scanning, filming or other technology used in the financial services industry for the storage of documentation via internal processes or third-party processors that we approve for these services. You agree that such storage shall be secure, and further agree that such records shall for all purposes be recognized and admissible in evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records
- “E-Mail” and Facsimile Communications. You acknowledge and agree that the Internet is considered inherently insecure. Therefore, you agree that we have no liability to you whatsoever for any loss, claim or damages arising or in any way related to our response(s) to any e-mail or other electronic communication, which we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication; and may respond to an e-mail at either the address provided with the communication, the e-mail address in your Membership Application and Signature Card, or any other application or written communication actually received by us. Any account owner, co-borrower, or authorized user may change the e-mail address for statements or other information from us at any time. Although having no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. The decision to require authentication is in the sole discretion of the Credit Union. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us if a communication cannot be authenticated to our satisfaction. Further, the Credit Union may not immediately receive e-mail communications that you send. Also, we will not take action based on e-mail requests until we actually receive your message and have a reasonable opportunity to act. We reserve the right to require any notices from you be submitted to us in writing, and we may refuse to send certain information through unsecured e-mail communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction, stop payment request, or otherwise, you may call the Credit Union at the telephone number (864) 254-2883.
You expressly consent and agree to us, our agents or any parties we authorize sending and your receiving any communications hereunder by facsimile or other electronic methods including any offers for Credit Union, affiliate or third-party services and/or products.
- CONSENT TO ELECTRONIC SIGNATURES. BY COMPLETING AND SUBMITTING YOUR REQUEST, I/WE CONSENT TO HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO ME/US IN ELECTRONIC FORM AND TO DOING BUSINESS WITH THE CREDIT UNION ELECTRONICALLY. I/WE AGREE TO THE SAME TERMS THAT APPLY TO A SIGNED APPLICATION OR AGREEMENT; AND I/WE AGREE THAT SUBMITTING THIS CONSENT OR ACCEPTING THESE TERMS CONSTITUTES MY/OUR SIGNATURE AS THOUGH SAME WERE PHYSICALLY SIGNED BY ME/US. IF THERE IS A CO-APPLICANT OR USER, I/WE REPRESENT AND WARRANT THAT SUCH CO-APPLICANT OR USER HAS AUTHORIZED THE SUBMISSION OF THIS APPLICATION. THIS ELECTRONIC SUBMISSION/CONSENT QUALIFIES AS MY/OUR SIGNATURE FOR ALL PURPOSES AND USES WHATSOEVER.
- Links to Other Sites. Our website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by the Credit Union of the contents on such third-party website. Credit Union is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.
ELECTRONIC FUNDS TRANSFERS AGREEMENT AND DISCLOSURES
- Purpose of This Agreement. This Agreement defines your and the Credit Union’s rights and responsibilities with respect to transactions. You understand that all agreements and rules and regulations applicable to your accounts and account services, as set forth in this Booklet and otherwise, remain in effect and apply to this Agreement, except
as specifically modified in this Section. You agree to abide by this Agreement, and all rules, regulations and instructions of the Credit Union and the networks relating to the use of any Card and/or Access Device, as amended, modified or revoked. The Credit Union may not offer all services discussed in this Agreement at this time.
- Types of Electronic Funds Transactions. The Electronic Funds Transactions we are or may be capable of handling in the future are indicated below. Some of these services may not apply to your account(s) and/or some of these services may not be available at all terminals.
- Automatic Teller Machines (ATMs). The Credit Union may issue to you an ATM card and Personal Identification Number (“PIN”) to be used to make transactions. You can use your ATM card at the Credit Union’s ATMs to:
- Withdraw cash from the account(s) designated in your Membership Application (“Application”).
- Check the balances in the account(s) designated in your Application (this is called an “inquiry”);
- Transfer funds between the account(s) designated in your Application; and
- Make deposits at designated ATMs that we own.You can use your ATM card at ATM’s displaying the name of the Networks set forth in the Schedule to:
- Withdraw cash from the account(s) designated in your Application
- Check the balances in the account(s) designated in your Application; and
- Transfer funds between your primary share and primary checking accounts. Some of these services may not be available at all terminals.
- Telephone Transactions.Telephone services are provided by our Member Service staff during business hours. Verification of account ownership will be requested before account information
is released. To ensure courteous and efficient service, supervisory personnel in our Member Service Department may monitor calls randomly.
- Electronic check conversion (“E-Check”) – types of transfers – Your check or information you convey to a third party can result in an electronic funds transfer. This can happen in several ways. For example:
- You can purchase goods or pay for services and other bills; and authorize a merchant or service provider to convert your check into an electronic
- At the time you offer a check to a merchant or service provider, you may be asked to authorize the merchant or service provider to electronically
collect a charge in the event that the check is returned for insufficient funds and/or other fees. Paying such a fee electronically is an electronic
- Your authorization to make these types of electronic funds transfers may be expressed in writing, implied through the posting of a sign or your
participation in the initiation of the processing of the transaction. This can also happen when you provide information from your check or
an account to another by telephone, Internet or otherwise, who then converts the information given to an electronic transaction, ACH or otherwise.
- You agree that any such transaction is subject to all applicable terms and conditions set forth in this Membership Agreement.
- Change your access code.
- Obtain account information related to any of your savings and loan accounts regarding current balance, checking history, savings dividends and
rates, loan interest and payoff amounts, payroll and automatic deductions.
- Make transfers to or from your Primary Share, Deposit, Transaction, Checking, Savings or such accounts you have authorized in writing prior to
such transfer request.
- Withdraw funds from savings, checking and line of credit accounts by check made payable to you and mailed to you at your mailing address.
- Make loan payments from any savings or checking account to any loan account of yours (except mortgage loans).
- Issue third-party payable checks under Bill Payment Service.Online Banking Service (Internet Network Connection). If we approve the Online Banking Service, you may access your accounts through a personal computer (PC) or smart phone with an Access Device. You must use your access code (password) along with your account number to access your accounts. You may use the Online Banking Service to:
- You can purchase goods or pay for services and other bills; and authorize a merchant or service provider to convert your check into an electronic
- Rules for Non-PIN transactions: Your debit card or other access device also allows you to conduct transactions on various networks, which will generally require you to enter your PIN. Some merchants are authorized to accept transactions that are not processed via VISA network(s) without requiring you to enter your PIN. If you authorize a transaction on such other networks, the provisions of this agreement that provide protections for VISA network transactions such as “Zero-Liability” will not apply. Networks that allow “PIN-less” Transactions are set forth in the Rate and Fee Schedule.
- Insufficient Funds Transactions: If your Account balance is insufficient to cover any transaction(s), we may treat these transactions as insufficient funds transactions; or as overdraft requests if you have an approved overdraft protection plan with us. The Credit Union reserves the right to refuse any transaction if you do not have an approved overdraft protection agreement with us, which decision shall be in the Credit Union’s sole discretion.
- Electronic Processing and Transactions: Due to the processing systems for electronic transactions used in the United States and by us, a payment or other transaction may be effective / posted before we are open for business on the date scheduled for the payment or other transaction. Therefore, you are responsible for insuring that your account(s) have sufficient balances as applicable for the scheduled payment / transaction one business day prior to the date scheduled. If a payment is due on a Saturday, Sunday, or Federal holiday, the payment will occur on the first business day after the due date. In these cases, you should plan to have the payment initiated on the last business day before any of these days in order to ensure your payment is made on time. You may not make payments and/or transactions to a federal, state or local governmental or tax unit, or pay child-support or alimony, or to make payments to other categories of payees that we establish from time to time using our electronic services.Debit/Point of Sale Transactions. If we approve your Application for a POS/ATM Debit, VISA Check Card, or other electronic Access Device, you may use your Card/Access Device to purchase goods and services at point of sale (POS) terminals designated by the Credit Union and anywhere participating merchants honor your Card/Access Device. Transactions hereunder will be covered by funds deducted from your primary share draft account. Subject to the limitations in the Schedule, you may pay for goods and services (or make certain other transfers if the merchant is a financial institution) at applicable terminals up to the available balance in your designated checking account and any available credit under your applicable overdraft line-of-credit, and cause that account to be debited for the amount of those purchases. Your available balance in that account may be reduced by the amount of any transaction as soon as the merchant has received authorization from us, even if the documentation evidencing the transaction has not yet been received and processed by us. A merchant is not required to receive prior authorization from us on every transaction. When the documentation has cleared through us, any hold placed on your account for the amount of the purchase or other transactions will be released and your account debited for that amount. NOTE: Cards designated as ATM only may not be used at POS or other non-ATM terminals.
c. Preauthorized Transfer Services. You can authorize the following transactions without the use of an access device issued by the Credit Union: (1) Payments
: You can make payments on your loans with the Credit Union directly from your primary share or primary checking accounts; (2) Within Credit Union Transfers
: You can arrange to transfer funds between your primary share and primary checking accounts. By separate application, you can arrange to transfer funds from your accounts to the account(s) of other members; (3) Direct Deposits and Payments: You can authorize persons or companies to make direct deposits or withdrawals to or from your share or checking accounts for payroll, pension, social security and other types of deposits or payments. You may give other persons or companies written or oral permission to transfer payments from your Credit Union accounts through “ACH” or other electronic means. Such agreements or arrangements are solely between you and the other person or company. The Credit Union shall have no responsibility or liability to you for any such transactions. Thus, you should exercise caution in providing such authority and/or information to access your accounts to others. The authority or information you give to others hereunder applies to all “ACH” or other electronic transactions, whether evidenced by any type or writing or converted to a written instrument by the other person (and/or their agents). All such transactions are deemed to be authorized by you.
- Automatic Teller Machines (ATMs). The Credit Union may issue to you an ATM card and Personal Identification Number (“PIN”) to be used to make transactions. You can use your ATM card at the Credit Union’s ATMs to:
- General Rules for Using Your Access Devices. You acknowledge and agree to the following:
- Your Access Devices are for personal use only. You agree not to allow another person to use your Access Devices.
- You agree not to reveal your PIN/Password(s) to another person and WILL NOT write your PIN/Password(s) on any Access Device. You are responsible for all Transactions made by you or anyone else who uses your Access Devices with your knowledge and consent. You are also responsible for unauthorized use of your Access Devices to the full extent allowed by applicable law. In addition, any person other than yourself who uses your Access Devices is responsible for all Transactions they make and for all Transactions made by others with their permission. This does not limit your own responsibility. You agree to be responsible to maintain your Access Devices with maximum security.
- You authorize the Credit Union to debit/credit your accounts for all Transactions as if each Transaction were signed by you. Further, you agree that by acceptance or use of your Access Devices the Credit Union is authorized to pay from any account necessary to satisfy any Transaction, fee or service charge that results from the use or misuse of your Access Devices.
- You acknowledge that your Access Devices remains the Credit Union’s property and agree to surrender your Access Devices to the Credit Union or its agent upon demand or through retrieval by any other method.
- You agree to use caution when using any ATM or other electronic terminal or device to complete any Transaction contemplated by this Agreement. You further agree that the Credit Union shall have no responsibility to you or any user, or be liable for any personal injury or property damage, which may occur as a result of any act before, during or after a Transaction or other visit to any ATM or other electronic terminal location. You or any user assume the risk of nighttime use of any ATM or other electronic terminal location
or other electronic banking device.
- An Access Device may be issued to any member or joint owner of legal age when qualified under the rules, regulations, and by-laws of the Credit Union. Only one Access Device may
be issued to each member or joint owner.
- If your Access Device is lost or stolen, you agree to notify the Credit Union immediately upon discovery of such loss or theft. Replacement of an Access Device may be issued by
us at the cost set forth in the Schedule. You agree to pay the Credit Union the fee in effect at the time for all copies that you request from us.
- The Credit Union shall not be responsible for the use or condition of any ATM or other electronic banking terminal or device it does not own. Further, the Credit Union will not
be responsible for any failure of an ATM or other electronic banking terminal or device to function except as specifically provided for by law.
- The Credit Union reserves the right to add or delete ATM or other electronic terminal location or other electronic banking devices as it deems necessary.
- You agree to hold the Credit Union harmless in its pursuit to locate, apprehend, and prosecute unauthorized use of any Access Device issued by the Credit Union, and you agree
to assist the Credit Union in these efforts.
- The Credit Union reserves the right to make any changes in the daily withdrawal limits it deems necessary.
- The Credit Union is not liable for any claims you may have against a merchant, company or other financial institution arising from use of your Access Device.
- The Credit Union cannot stop payment on any point-of-sale Transaction.
- Additional Charges for Transactions in a Foreign Currency and “Cross-Border” Transactions. Currency Conversion Fee: If you effect or authorize a transaction with your access device in a currency other than US Dollars, VISA will convert the charge into a US Dollar amount. The VISA currency conversion procedure includes use of either a government mandated exchange rate, or a wholesale exchange rate selected by VISA, as applicable. The exchange rate VISA uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of the purchase or the date the transaction was posted to your account. A Currency Conversion Fee of up to 1% will be applied to transactions that are converted from foreign currencies to U.S. dollars. Cross-Border Transaction Fee: In addition, VISA charges us a Cross-Border Assessment up to 1% on each transaction on all cross border transactions regardless of whether there is a currency conversion. For purposes of this Section, “cross-border transaction” shall include both (a) transactions initiated in a foreign country which are subsequently settled in the United States, and (b) transactions initiated in the United States but which are ultimately settled in a country outside of the United States. The Credit Union will assess these fees to you to reimburse it for the fee it is required to pay for each of your transactions subject to these terms. The Cross-Border transaction fee will be shown separately on your periodic billing statement. The Currency Conversion Fee, if it applies to the transaction, will be included in the transaction amount posted on your statement.
- You agree that by acceptance or use of an Access Device, or other Electronic Funds Transfer Services the Credit Union is authorized to pay from any account you have, jointly or
otherwise, with the Credit Union any amount necessary to satisfy any transaction, fee or service charge that results from your use or misuse of such services.
- You will not obtain any Access Device(s) to make transactions on your accounts with us that is not issued or approved by us.
- Merchants and others who honor the Check Card or related Access Device(s) may give credit for returns and adjustments, and they will do so by initiating a credit with us, and we will credit that amount to your account.
- You understand that you must keep your share and share draft checking account open in order for your applicable electronic services to remain valid. You agree to return all Access
Devices if you close your account(s), or upon our request.
- Making ATM Transactions. Your PIN will allow you to identify yourself when making an ATM transaction. The presentation of your ATM card together with the input of your PIN constitutes your authorization to the Credit Union to make transactions. You agree to follow all instructions for use of ATMs accessible by your ATM card. Difficulties or complaints concerning the use or condition of any ATM should be reported directly to the Credit Union. Security or safety measures should be reported directly to the owner of any ATM not owned by the Credit Union.NOTE: The Credit Union does not accept deposits at ATM facilities.
- Termination and Amendment. The Credit Union reserves the right at any time to terminate your right to make Transactions and to retrieve or ask for the immediate return of any Access Device it deems necessary without prior notice to you. If notification is required by law, notice will be mailed to you at the address shown on the Credit Union’s share account records. It is the obligation of each member to provide new addresses to the Credit Union.
- Access Device Revocation. Any Access Device issued by the Credit Union may be revoked without notice to you in the event that any of the following conditions occur:
- Overdrafts occur as a result of insufficient or uncollected funds on an account.
- Any transaction that occurs on your account(s) which results in a monetary loss to the Credit Union.
- Loan, VISA® or other delinquency with the Credit Union.
- Forced closure of a share or share draft account at the Credit Union due to misuse.
- Special balance requirements, if any, are not maintained by you.
- Any other situation in which the Credit Union deems revocation to be in its best interest.
- Transaction Fees. You are allowed to initiate transactions at any terminal, ATM or other access means owned by the Credit Union or any Network indicated in the Schedule. You may be charged certain transaction and other fees as set forth in the Schedule, which will be automatically debited from your share or checking account(s). The Credit Union reserves the right to establish and maintain transaction fees and charges, which may be modified from time to time.Note: Owners of non-Credit Union ATMs may charge fees in addition to any fees disclosed in the Schedule. These fees are generally called a “surcharge.” This is not a fee charged by your Credit Union; however, any such fee will be paid from your account(s).
- Service Limitations, Limitation or Frequency and Dollar Amounts of Transactions. Transfer LimitationsGENERAL LIMITATIONS GOVERNING THE AMOUNT AND NUMBER OF TRANSACTIONS ARE SET FORTH IN THE SCHEDULE. IN ADDITION, THE FOLLOWING LIMITATIONS ALSO GOVERN YOUR USE OF THESE SERVICES:
- General Limitations Applicable Accounts. For share savings and money market accounts, if applicable, you may make up to six (6) preauthorized, automatic, telephonic, or audio response transfers to another account of yours or to a third party during any statement period unless otherwise limited by applicable law. A preauthorized transfer includes any arrangement with the Credit Union to pay a third party from the member’s account upon oral or written orders including orders received through the Automated Clearing House (ACH). There is no limit on the number of transactions you may make in the following manner: (1) transfers to any loan account with the Credit Union; (2) transfers to another Credit Union account or withdrawals (checks mailed directly to you) when such transfer or withdrawal is initiated in person, by mail, or at an ATM. If a transfer request would exceed the transfer limitations set forth above in any statement period, the Credit Union may refuse or reverse the transfer, and your account will be subject to suspension or closure by the Credit Union, and the Credit Union may impose a charge. Further, we may reduce the limit for “point-of-sale” transactions during any interruption in the electronic connection between the Credit Union and the retail outlet. Further, we may at any time limit or reduce the number or dollar amount of transactions when we, in our sole discretion, deem it in the best interest of the Credit Union.
- Card / Access Device Acceptance. We do not promise everyone will honor your Card or other Access Device, and we have no obligation to you if anyone refuses to accept your Card/Access Device. We are not liable if any merchant, bank, financial institution or other party refuses to honor your Card/Access Device, or otherwise fails to provide any services made available to you by Credit Union.
- POS/Debit/VISA Check Card Purchases. This limit in the Schedule is in addition to any ATM withdrawals.
- ATM Transactions. Because of the servicing schedule and processing time required in ATM operations, there is a delay between the time a deposit (either cash or check) is made and when it will be available for withdrawal. You should review the Credit Union’s Funds Availability Policy to determine the availability of funds deposited at ATMs.
- Telephone Banking (Audio Response). Discontinued.
- Online Banking (Internet Network Connection). You may make Online Banking transactions at any time seven (7) days per week. There may be some down time. Except as is otherwise provided in the Schedule or limits under other agreements with us, you may make fund transfers to your accounts or other accounts you authorize as often as you like; however, there are certain limitations on transfers from savings accounts, as discussed herein and above. Account balance and transaction history information may not show all account activity involving your accounts. You may not obtain account information related to accounts other than your accounts to which you have requested a transfer.
- Online Bill Payment Service. You may make bill payment transactions subject to the limitations in the Schedule. The Credit Union will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. The Credit Union will not process any bill payment transfer if the required transaction information is incomplete. The Credit Union will withdraw the designated funds from your account for bill payment transfer by midnight on the date you schedule for payment. The Credit Union will process your bill payment transfer within one (1) business day on the date you schedule for payment. We will have no obligation to initiate any payment if there are not sufficient funds in your designated account, but may in our discretion do so pursuant to any applicable overdraft agreements. You must allow sufficient time for vendors to process your payment after they receive a transfer from the Credit Union. Please allow at least a seven (7) day lead-time prior to your due date. The Credit Union cannot guarantee the time that any payment will be credited to your account by the vendor and will not be liable for any service fee, late charge, or finance charge. You agree to follow the requirements of the Bill Payment Service User Instructions, which are incorporated herein by reference.
THE CREDIT UNION MAY SET OTHER LIMITS ON THE AMOUNT OF ANY TRANSACTION(S), AND YOU WILL BE NOTIFIED OF THOSE LIMITS.
- Data Security for Online Banking. Online Banking is accessible only over the Internet. To prevent unauthorized access to member account data, the Credit Union employs the Secure Sockets Layer (SSL) protocol. This prevents other computers from eavesdropping by encrypting all data transmitted between the Online Banking server and the client. Members that live in the United States can use browsers that support 128 bit keys. Cracking a 128-bit key would involve trying all 2 to the 128th power combinations. Members that live abroad are currently restricted by the US Government to using browsers that support 40 bit keys. Cracking a 40-bit key would involve trying all 2 to the 40th power combinations, which are over one trillion combinations. A 40- bit key is less secure than a 128-bit key, but does provide an adequate level of security for member financial services.The Secure Sockets Layer protocol validates the identity of the Online Banking server through the use of a digital certificate. After connecting to the Online Banking server in secure mode, our site sends a signed digital certificate, which contains the name of our Web server, its public encryption key, the certificate’s validity dates, the name of the certification authority that issued the digital certificate to our site, and an unforgeable digital signature. The digital certificate authenticates to the client that a connection has indeed been established with the Online Banking server.
The Secure Sockets Layer ensures that the data transmitted between the client and the Online Banking server has not been tampered with through the use of Message Authentication Codes (MACs). This provides a quick way for the receiving end to verify that the data was not changed in route.
- Canceling a Bill Payment Transaction and Your Stop Payment Rights. Online Bill Payment Transactions: You may cancel or change a scheduled Online Bill Payment as set forth in the Schedule. After the time period set forth in the Schedule has passed it is not possible to stop or cancel a payment.
If we fail to cancel or stop any Online Bill Payment, the payment will stand unless you show us that payment to the payee was unenforceable. If we re-credit your account after transferring funds over a valid and timely cancellation request, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee, and to assist us in any legal action taken against that person.
Preauthorized Transactions: 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 the Credit Union orally or in writing in time for us to receive your request three (3) business days or more before the scheduled date of the transfer. The Credit Union may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do require the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made. This means that the preauthorized payment and future preauthorized payments to the payee you identify may be paid by us from your account(s) after the 14th day.
If you order us to stop a preauthorized transfer three business days or more before the transfer is scheduled, and the stop payment order is made according to the terms and conditions of the account and this Agreement, including the requirement that you give us the exact amount of the debit, the next date of the debit and the exact name of the payee, and we do not do so, we will be liable for your losses or damages proximately caused by our failure. A stop payment request for preauthorized Electronic Fund Transfers will apply to all subsequent transfers, unless you withdraw the request.
E-Check: When any party converts any check, using the information on the paper via any means to send an electronic message to us, such message is an order by you to immediately take the money from your account. You cannot stop payment of an E-Check transaction, because it is already done.
Other transactions hereunder are considered contemporaneous. Therefore, you have no right and we have no obligation to stop or to attempt to stop any other transactions.
- Right to Documentation.
- Terminal Transactions. You can get a receipt at the time you make any transfer to or from your account using any automatic teller machine or a point-of-sale terminal..
- Direct Deposits. If you have arranged to have direct deposits made to your accounts at least once every sixty (60) days from the same person or company, the person or company
making the deposit will tell you every time they send us the money. You can call or write us at the telephone number or address listed in the Schedule to find out whether
a deposit has been made. If the only possible transfers to or from your accounts are direct deposits, you will get a statement from us at least quarterly.
c. Periodic Statements. Transfers and withdrawals transacted through an ATM or POS terminal, Telephone Banking service, Online Banking service or debit card purchase will be recorded on your periodic statement. You will receive a statement or notice of the availability of your statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement or notice at least quarterly.
- Notice When Amount of Preauthorized Payment(s) Vary. If you preauthorize the Credit Union to make payments to persons or companies other than the Credit Union that vary in amount, then the person or company you are going to pay has the obligation to notify you ten (10) days before each such payment is due and how much it will be. (When required, you must fill out an appropriate agreement with the Credit Union authorizing such payments, the terms of which are incorporated herein). You may choose instead to get this notice only when the payment differs by more than a certain amount from the previous payment, or the amount falls outside certain limits that you set.
- Liability for Failure to Make a Transaction. If the Credit Union does not complete a transaction to or from your account on time or in the correct amount according to our agreement with you, the Credit Union may be liable for your losses or damages. However, there are some exceptions to this, which include the following:
- You do nothave enough money in your account to make the transaction through no fault of ours.
- The transaction goes over the credit limit on your overdraft line.
- The terminal where you were making the transaction does not have enough cash.
- The terminal or other system was not working properly and you knew about the breakdown when you started the transaction.
- Circumstances beyond our control (such as fire, flood or electrical failure) prevent the transaction, despite reasonable precautions that we have taken.
- You have not properly followed instructions for operation of the ATM or system.
- The funds in your account are subject to legal process or other similar encumbrance.
- The transaction would exceed one of the established limits contained in this Agreement or by other Credit Union agreements.
- Access to your account has been blocked after you have reported your Access Device lost or stolen or you use a damaged or expired Access Device.
- Information Disclosure. We will disclose information to third parties about your account or the transactions you make: (1) when it is necessary for completing transactions, or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (3) in order to comply with government agency or court orders, or (4) if you give us your written permission.
- Business Day Disclosure. Our business days are set forth in the Schedule.
- Tell us your name and account number.
- Describe the transfer you are unsure about, and include to the extent possible, the type, date and explain as clearly as you can why you believe it is an error or why
you need more information.
- Tell us the dollar amount of the suspected error. In Case of Errors or Questions about Transactions. In case of errors or questions about your electronic transfers, telephone us at the telephone number or write or e-mail us at the addresses listed in either section E, Membership Liability, or at the end of this disclosure, as soon as you can. (For any errors involving a line of credit account, you must review your Loan Agreement and Disclosure and/or VISA Credit Card Agreement for a description of your rights.) We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. You should provide the following information:
- If you tell us orally or by electronic communication (e-mail), we may require that you send us your complaint or question in writing within ten (10) business days, at the address listed in this Agreement and Disclosure. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error within one (1) business day after determining that an error occurred. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days of receiving the error notice, and will inform you, within two (2) business days, after providing the provisional credit, with the amount you think is in error, and the date, so that you will have the use of the money during the time it takes us to complete our investigation. We will correct the error, if any, within one (1) business day after determining that an error occurred. A report of our results will be delivered or mailed to you within three (3) business days after the conclusion of the investigation (including, if applicable, notice that a provisional credit has been made final).
For transactions initiated outside the United States, or resulting from a point-of-sale debit card transaction, we will have ninety (90) calendar days instead of forty-five (45) business days, unless otherwise required by law, to investigate your complaint or question. For transactions on accounts that have been opened less than thirty (30) calendar days, we will have twenty (20) business days instead of ten (10) business days to credit your account, and ninety (90) calendar days instead of forty-five (45) business days, unless otherwise required by law, to investigate your complaint or question.
Special Rules for Provisional Credit for Visa® Check Card Transactions
If you believe a Visa® Check Card Transaction was unauthorized, we will re-credit your account within five 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 in writing, we need not re-credit your account, or we may reverse any credit previously made to your account, until we have received it. We may withhold provisional credit, to the extent allowed under applicable law, if the delay is warranted by the circumstances or your account history.
- Your Liability for Unauthorized Transaction. Tell us AT ONCE if you believe your Access Device has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You are responsible for all transfers you authorize using an EFT service under this Agreement. If you permit other persons to use an EFT service or your Access Device, you are responsible for any transactions they authorize or conduct on any of your accounts.Special Notice to VISA Check Cardholders. If there is an unauthorized use of your VISA Check Card or an Internet transaction, and the transaction takes place on the VISA network, then your liability will be zero ($0.00). This provision limiting your liability does not apply to either VISA commercial cards or ATM cash disbursements. Additionally, your liability with respect to unauthorized transactions may be greater than the above zero ($0.00) liability limit, to the extent allowed under applicable law, if the credit union reasonably determines, based on substantial evidence, that you were grossly negligent or fraudulent in the handling of your account or card. In any case, to minimize your potential liability you should notify us of any unauthorized use no later than 60 days after your statement was mailed to you. See limitations applicable to Non-PIN transactions earlier in this agreement. For all other EFT transactions that require the use of a PIN or Access Code, if you tell us within two (2) business days, you can lose no more than $50 if someone uses your card and PIN or Access Code 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, PIN or Access Code, and we can prove that we could have prevented the unauthorized transaction if you had told us in time, you could lose as much as $500. In no event will you be liable for more than $50 for any unauthorized transaction.
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 that your Card or Access Code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you must call, write or e-mail us at (864) 254-2883 / P.O. Box 25669, Greenville, SC 29616 /
If a good reason (such as extended travel or hospitalization) kept you from telling us, we may extend these time periods.
- Reporting A Lost Card, Access Device, PIN, or Teller line PIN.
If you believe that any Access Devise has been lost or stolen or that someone has withdrawn or may withdraw money from your account without your permission, you agree to immediately notify us. You can call the Credit Union or write us at the telephone number or address listed in this Booklet or the Schedule, or you may e-mail us at the address provided in the Schedule. If you recover your Card/Access Device after you have notified us, DO NOT USE IT.
INTERNET/ONLINE BANKING AGREEMENT AND DISCLOSURE
1. Introduction. This Internet Banking Agreement (IBA) governs your use of Turbine Federal Credit Union’s (TFCU) Internet/Online Banking Service that permits our members to access a number of financial services through the use of the Internet. Also included in this document are the regulatory disclosures applicable to these services. Throughout, this document will be referred to as “Agreement”. By using our Internet/Online Banking, you agree to all terms and conditions of this Agreement. You
must read this Agreement before enrolling in TFCU’s Internet/Online Banking and initiating any electronic funds transfers via the Internet.
Accounts and services provided by this financial institution may also be governed by separate agreements with you. This Agreement supplements any other agreements or disclosures related to
THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT TO EITHER S.C. CODE §15-48-10 ET SEQ., OR THE FEDERAL ARBITRATION ACT AT 9 U.S.C. §1 ET SEQ. (See paragraph 27 of the Membership Agreement for complete details.)
- Definitions. You or your – The person(s) using Internet/Online Banking.We, Us or Our – Refers to Turbine Federal Credit Union (TFCU), and any agent, independent contractor, Service Provider, licensor, designee or assignee TFCU may involve in the provision of Internet/Online Banking and/or bill pay services.
Billing Account – Is the share draft (checking) account from which all Bill Payment Service and/or Internet/Online Banking Service fees will be automatically debited.
Business Customer – Refers to anyone other than a consumer who owns an Eligible Account with respect to which the Service is requested primarily for business purposes.
Business Day – Any calendar day other than Saturday, Sunday or holidays recognized by TFCU. Bill payments are processed on all business days that the Federal Reserve Bank is operating and open for business.
Business Day Cutoff – TFCU’s main office is located in Greenville, South Carolina, and we base our business day on the eastern Time Zone. For posting purposes, we will process all transactions completed by 4:00 p.m. (1:00 p.m. on Wednesdays) on that business date. Transactions completed after 4:00 p.m. (1:00 p.m. on Wednesdays) will be processed on the following business day.
Consumer – Refers to a natural person who owns an Eligible Account with respect to which the Service is used primarily for personal, family or household purposes.
Electronic Funds Transfer (EFT) – Includes deposits to, withdrawals from or transfers between your accounts, which are not originated by check, draft or similar paper instrument. Electronic transfers include those made through a computer. If we authorize your account(s) for electronic transfers through Online Banking, you have certain rights and responsibilities under the Electronic Funds Transfer Act (EFTA) which are further detailed in this Agreement.
Eligible Accounts – You must have an existing account relationship with us to enable our Internet Banking Service. An Eligible Account means any one of your deposit account(s) to which we may allow access via the Service under this Agreement. Only a share draft (checking) account may be eligible for Bill Payment Service privileges. We may make additional accounts available for the Bill Payment Service from time-to-time as allowed by law or our bill payment service provider. If you want to initiate bill payments or transfer requests from an Eligible Account(s) through the service, you will need the required withdrawal authority over the account in order to complete the transaction. When using the Service, you agree to maintain one or more Eligible Account(s) with us and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Service.
Joint Accounts – If the account(s) added to the Service are jointly held or have multiple signers, you agree that access to the information and all transactions initiated by use of your Access Code and Pass Code are authorized unless we have been notified to cancel the Service. In some cases, if your account(s) require two signatures for withdrawal, we may only grant view privileges to your Eligible Account(s) through the Service. Joint account holders may not be assigned individual access IDs.
Service Hours – You can use the Service seven days a week, 24 hours a day, although some or all features may not be available occasionally due to emergencies or scheduled maintenance. In addition, access to the Service may be slower at times due to high Internet traffic or other factors beyond our control. We are not responsible for any delays or difficulties you may have in accessing the Service or certain features.
Privacy Statement – This financial institution understands how important privacy is to our members. We have taken steps to protect the security
and privacy of your personal information as well as your financial transactions with us. You should read our Privacy Statement before completing enrollment for Internet/Online banking. Our member privacy statement can be found on Page 55 of this Booklet.
- About Internet/Online Banking. Our Internet/Online Banking Service (“Service”) consists of an online banking web site that provides a complete array of financial services to our members. Our Service allows you to access your account information 24 hours a day, 7 days a week. We also provide up to 24 months of account history and complete transaction detail.The services currently available to our members via the Internet consist of:
- Account inquiries, balances, rates, etc
- Up to 24 months of historical transactions
- Payments to our loan accounts
- Transfers between your accounts at TFCU
- Cross-member transfers (Requires “trusted” relationship set-up first)
- Transaction downloads into Quicken®
- Access information about the Credit Union, our products and services and other items of general interest
- Receive and send electronic messages to the Credit Union. You understand that we may not immediately receive e-mail communications that you send and will not take action
on e-mail requests until we actually receive your message and have reasonable opportunity to act. If you need to contact the Credit Union immediately, you should call
our office at (864) 254-2883. You understand that we may require that you document any oral request in writing before taking some actions
- Loan applicationFor members who select Online/Internet Bill payment Service, these additional functions are available:
- One-time payments
- Occasional payments
- Fixed recurring payments
- Variable recurring payments
- Transfers to your account(s) at another financial institution (These transactions have a dollar limit, the amount of which is determined by your credit score)
One of the main security features guarding the use of the Internet/Online Banking Service system is the unique combination of your Access Code and Pass Code. It is important that you keep your Pass Code secret. We will not be liable for any losses resulting from you permitting other persons to use your Access Code and Pass Code to access the system.
I addition to the security measures described above, there may be other security notices posted on the website regarding security issues. It is your responsibility to read all applicable notices. If you have more questions about our security systems for conducting financial transactions safely over the Internet, contact our office in person or at (864) 254-2883.
- Requirements for Enrolling in the Service. In order to enroll in Internet/Online Banking, you must have an Eligible Account with us. Your account must be in good standing. You must be a resident of the United States or its possessions. Prior to enrolling in the Service and accepting the electronic version of this Agreement, you must verify that you have the required hardware and software necessary to access the Service and to retain a copy of this Agreement. You will need the following:
- Internet access
- A computer with a modem and Internet browser that can support SSL 128-bit encryption
- For security purposes, you should use the most current version of your preferred Internet browser (Microsoft® Internet Explorer™, Apple® Safari™, Mozilla® Firefox™ or
Google® Chrome™). The most current versions will support 128-bit encryption. Browser upgrades are accessible at each company’s website.
- Access to a printer and/or other storage medium such as a hard drive, USB “thumb” drive or portable hard drive for downloading information or printing disclosures and
- An external e-mail address
- Registration Process. Internet/Online Banking requires that you complete the initial online enrollment process by clicking the “Online Banking” link on the Credit Union home
page at www.turbinecu.com. You will be guided through, step-by-step, during the enrollment process.
- Log-On Security. Security is very important to Internet/Online Banking. To ensure you select a good Pass Code, you must use a combination of letters and numbers that contains at least one upper case letter, one lower case letter and one number. The Pass Code must be between 6 and 20 alpha- numeric characters in length. You should avoid Pass Codes that are associated with your name, address or other personal information.To help prevent unauthorized access and ensure the security of your accounts, we will end your online session if we have detected no activity for ten minutes. This is to protect
you in case you accidentally leave your computer unattended after you have logged on. When you return to your computer, you will be prompted to re-enter your Pass Code and
restart your session.
Because your Pass Code is used to access your accounts, you should treat it as you would any other sensitive personal data. You should carefully select a Pass Code that is hard
to guess. Keep your Pass Code safe. Memorize your Pass Code and never tell it to anyone. You will be required to change your Pass Code periodically. This can also be done
at any time after you logged on under the menu item “Change Password”.
You are responsible for keeping your Pass Code and account data confidential. We are entitled to act on transaction instructions received using your Pass Code, and you agree that
the use of your Pass Code will have the same effect as your signature authorizing or “will authenticate your identity and verify the instructions you have provided to us for” the transaction(s). If you authorize other persons to use your Pass Code in any manner, your authorization will be considered unlimited in amount and manner until you have notified us in writing [or by a message through our message center in the “Contact Us” area of the main web page (or e-mail) that you have revoked the authorization and changed your Pass Code, and you are responsible for any transactions made by such persons until you notify us that transfers by that person “or instructions regarding your account(s)” are no longer authorized and we have a reasonable opportunity to act upon the change of your Pass Code.
- Accounts. You may request Internet access to any account that you are an owner. If you desire services that allow you to initiate payments or transfers from the account, you will need the requiredwithdrawal authority over the account to be able to complete the transaction. By using Internet/Online Banking, you agree to maintain one or more accounts with us and to keep sufficient
balances in any account to cover any transaction and fees that are ultimately approved by or related to the system. If accounts added to the service are jointly held or have multiple
signers, you agree that access to the information and all transactions initiated by the use of your Access Code and Pass Code are authorized unless we have been notified to cancel
- Fees for the Internet/Online Banking Service. Internet/Online Banking is currently available to our consumer members at no monthly charge for all the account information services and transfers. Any applicable fees will be charged regardless of whether the service was used during the billing cycle. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Other fees and penalties associated with your standard deposit account will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. Bill Pay is an optional service available only for checking accounts. You must specifically request to have this service added. Please check the Rate & Fee Schedule for applicable fees.
- Cancellation of Internet Banking. Your Internet/Online Banking Service may be cancelled at any time by this financial institution in whole or part without prior notice due
to insufficient funds in one of your accounts or other circumstances that may create an unanticipated liability to us. You will remain responsible for all transactions approved
by the system prior to the cancellation, and for any other fees associated with the service. After cancellation, service may be reinstated once sufficient funds are available
in your accounts to cover any fees and other pending transfers or debits. In order to reinstate services, you must contact our office either by telephone or in person.
- Balance Inquiries, Bill Payments and Transfer Limitations. You may use Internet/Online Banking to check the balance of your account(s) and to transfer funds among your accounts at the Credit Union. According to current federal regulations, you may not have more than six (6) pre-authorized or automatic transfers or bill payments from your Money Market Account or Savings Account during a given monthly statement period. Transfers authorized by telephone or personal computer are counted toward the six total permitted monthly transfers or withdrawals. Regulations currently place no limits on the number of transactions or bill payments from your Checking Account(s); therefore this financial institution currently limits the bill payment service to only Checking Accounts.
Balances shown in your accounts may include deposits subject to verification by us. The balance may also differ from your records due to deposits in progress, outstanding checks or other withdrawals, payments or charges. A transfer request may not result in immediate availability because of the time required to process the request. The transfer request must be made before the cut-off time to be available for bill pay on the same business day. If you have further questions, contact us at our office either by telephone or in person. The balances are updated periodically and the system will display the most current “as of” date on the “Balances” page. There may be situations that cause a delay in an update of your balances. The system will use the most current balance available at the time of a transaction to base our approval for bill pays and account transfers.
Special Information about the Stop Payment, Check Reorders, Address Change, Order Documents and Secure File Delivery Services. The system includes several options under various menus that provide a means to securely forward your request to us for processing. There may be additional fees associated with some of these services. Please refer to our Fee Schedule for additional information or contact us.
Generally, requests received from Internet/Online Banking and/or e-mails will be processed within one business day using the same procedures that we use to handle similar requests received by mail or fax. If urgent action is required, we recommend that you contact us directly by telephone or in person.
Canceling or Changing Payments/Transfers. To stop recurring or pending bill payments and transfers, you must log in and make edits to pending payments and transfers listed as “Scheduled” or “Pending”.
Once the status has changed to “In Process” or “Processed” or something similar, you can no longer make changes or cancellations. You cannot cancel or edit a transfer once it has been “confirmed”. If you accidentally transferred funds, simply schedule another transfer to move funds back to the original account. Once processed, you cannot edit bill payments that are issued to payees electronically. If you need to issue a stop payment on bill payment issued by paper check, contact us as soon as possible.
If you contact us verbally or in writing and direct us to stop a bill payment or transfer three (3) business days or more before the transaction is scheduled to be deducted from your account, and we do not do so, we will be liable for your losses or damages. We may provide you directions so that you can make the appropriate payment or transfer edits. If you contact us verbally, we may request that you put your request in writing.
ONLINE BILL PAYMENT SERVICE
- Information Authorization. Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Bill Payment Service, you agree that we (including our authorized Service Provider, iPay Technologies, LLC) reserve the right to request a review of your credit rating at our expense through an authorized bureau. In addition, you agree that we reserve the right to obtain financial information regarding your account from a payee and provide financial information to our authorized Service Provider to resolve payment-posting problems.
Bill Presentment Service
By providing your account number for one of the payees listed, you authorize that payee to send your billing data to our Service Provider, iPay Technologies, LLC, for electronic bill presentment. You may choose to remit payment to the payee using any method you choose including, but not limited to, our Service Provider, iPay Technologies, LLC.
Bill Pay currently has no monthly fee (subject to change with notice; see Rate and Disclosure Schedule). Any other charges will be assessed based on the services you are provided. They will be explained to you at the time you contract for electronic bill presentment or Bill Payment Service. You agree to pay such charges and authorize us to automatically charge your designated account for these amounts and any additional charges incurred by you. Any other fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone and Internet service fees that may be assessed by your Internet Service Provider (ISP).
- Bill Pay User’s Guide. It is easy to pay bills online. Simply set up your Payees by entering necessary information to schedule a payment. We will process all payments to payees that have a U.S. Postal address. Due to liability issues, we will not accept payments to payees outside of the United States and payments to federal, state or local tax agencies. Otherwise, there are no restrictions on whom you pay or how many payees you may establish. The Bill Payment Service (Service) will also allow you to see a history of all the payments made from your accounts.Your available (collected) balance in your share draft (checking) account will govern the daily dollar limit for all of your bill payments. The single payment limit is $2,500.00. You can withdraw up to the system’s available balance as long as your account shows sufficient funds to cover your payments. The payment will normally be charged to your account on the scheduled payment date or the following business day if the scheduled payment falls on a non-business day. If for any reason a scheduled payment processed through the system is declined, it will automatically be rescheduled for the following business day. The system will notify you of this action by sending you a “message” that will appear the next time you log on to the system. The system will continue to attempt to pay the bill on the following business days until there are sufficient funds or you cancel or reschedule it.
If your account does not have sufficient funds to issue the scheduled payment, you may be charged a non-sufficient funds (NSF) fee.
Although payments may be scheduled for the current business day or any date in the future at any time, they will only be processed once a day before our cut-off time of 4:00PM ET on any business day. If you attempt to schedule a payment for that day after 4:00PM ET, the system will notify you that you need to change the date to the next business day. Anything scheduled on a non-business day, or after the cut-off time, will not be sent out until the following business day. Since we must forward the funds and billing information to the payee, some lead time for payments is necessary. In general, the system will attempt to tell you when you can expect the payment to be received by the payee. The estimated payment delivery time frame is typically shown when you schedule the payment date. Our system assumes the payee/vendor will promptly process the payment on the business day it was received. Any delays caused by the payee/vendor would result in additional days before the payment would show on their records. By using this service, you authorize us, and any third-party payment- processing agent we may use, to choose whatever method we feel is the most effective method to process your transaction.
The time frames generally will be determined by the way the payment is sent to the payee. If we or the bill payment-processing agent has to send a paper check in the U.S. Postal system, we typically suggest sufficient time as five (5) business days prior to the payee receiving the payment for processing at their address. If the payee accepts the payment electronically, we generally define sufficient time as two (2) business days prior to the payee receiving the payment. In all cases, the payment should be delivered to the payee/vendor by the tenth business day after the payment was approved and charged to your account.
- Our Liability for Failure to Make Payments and Transfers. It is our responsibility to process all bill payments and account transfers properly initiated through the Internet Banking system in accordance with this Agreement. We will be liable for damages, as specified below in the Payment Guarantee section of this Agreement, where the system caused a payment delay or failed to process a payment to be received by the payee/vendor by the tenth (10) business day following the date your account was charged for the payment.Transfers will be processed within one business day of the completed transfer transaction if the transfer request is made by 4:00PM ET. We will not be liable if any of the following occurs:
- If, through no fault of ours, you do not have enough money in your account to make the bill payment or transfer, or if the account has been closed. Your account must have sufficient funds to make the requested transfer. Certain deposits and balance transfers from other accounts may not be immediately available for bill payment. The amount of available funds will be calculated in accordance with our Funds Availability Policy, provided to you separately when your account was opened.
- If the payment or transfer would go over the credit limit on your overdraft line of credit, or if the overdraft line of credit has been closed.If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted the transfer or bill payment
- If any error, damages or other loss you may suffer due to malfunction or misapplication of any system you use, including your browser (Microsoft Internet Explorer, Apple Safari or otherwise), your Internet Service Provider (ISP), your personal financial management or other software (such as Quicken or Microsoft Money), or any equipment you may use (including your telecommunication facilities, computer hardware and modem) to access or communicate with the Online Banking Services.
- For any errors or failures from any malfunction of your computer or any computer virus or other problems related to your computer equipment used with our Online Banking Services.
- If you had knowledge of or questions about the possible malfunction of our system when you initiated the transaction.
- If circumstances beyond our control such as natural disasters (fire, flood, tornado, etc.) or other uncontrollable circumstances (mail delays, telecommunications outages, power failures, etc.) prevent proper completion and delivery of transactions despite reasonable precautions that we have taken.
- If you provide incomplete or inaccurate information to us regarding the account or transaction.
- If you do not set up the payment soon enough for the payment to be received and credited by the payee due date.
- If you received notice from the merchant or institution that any payment you have made through our Online Banking Services remains unpaid, and you fail to
notify us of this fact within five (5) calendar days from the date you receive such notice.
- If the payee was a merchant or institution you are not permitted to designate.
- It can be shown that the merchant or payee received the payment within the normal delivery timeframe and failed to process the payment through no fault of our service providers or ours.
- If your account has been tied up by legal proceedings (court order, garnishment) or other actions that prevent us from making a payment or transfer.
- We have reasonable basis for believing that unauthorized use of your access ID, PIN or Pass Code or designated account has occurred or may be occurring.
- If you default under the terms of this agreement, or any other legal agreement with us.
- If either party terminates this Agreement.
- Payment Guarantee. We will reimburse you up to $50.00 per payment for any late fees or penalties you are charged as a result of the Payee/Vendor not receiving a payment by the Due Date if all of the following apply:
- If you scheduled the payment to be sent on a scheduled payment date at least five (5) business days prior to the due date.
- If correct information was provided to us about the payee (name, address, account number and amount).
- If your account had sufficient funds to complete the payment or transfer on the scheduled payment date.
- If the payee was a business payee.
- If the payee assessed late payment fees or penalties due to delay of this payment.
- If you did not receive notice from us, our service provider, or the payee at least ten (10) days prior to your scheduled payment that would have alerted you to a problem processing payments from our Service.In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental,
special or consequential damages. There may be other exceptions stated in our deposit account agreements with you.
- Documentation and Verification of Payments and Transfers. Information regarding Internet Banking transactions will be reflected on the account detail in our online banking system and in your regular monthly account statement(s).
- Notice of Your Rights and Liabilities under the EFT Act. The EFT Act provides you with certain rights and responsibilities with respect to electronic fund transfers via our Internet Banking system. Your rights and responsibilities in the event of an unauthorized bill payment or unauthorized account transfer are disclosed below. Please read the EFT disclosures carefully. You should print this document for future reference. You may obtain a hard copy of this document from us at any time by calling or sending us an email or upon request in person.
- Your Responsibilities and Liability for Unauthorized Use. If you believe your access ID or Pass Code has been compromised, lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call us immediately, stop by our office in person or notify us through application messaging or email. Telephoning is the best way of keeping your possible losses to a minimum. If you suggest that an unauthorized transfer or payment may have occurred, we may require you to sign an affidavit.You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn that your access ID and Pass Code have been compromised, lost or stolen, you can lose no more than $50.00 if someone used your Pass Code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Pass Code and we can prove we could have stopped someone from using your access ID or Pass Code 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 FIRST statement showing such a transfer was mailed to you, you may not get back any money you lost after sixty (60) days, if we can prove that we could have stopped someone from taking the money if you had told us in time. Your role is extremely important in the prevention of any wrongful use of your account. You must promptly examine your account statement upon receipt. If you find that your records and ours disagree, you must contact our office in person, by telephone at (864) 254-2883 or by email.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend these time periods.
- Illegal Transactions. You warrant and agree that you will not use any Credit Union Accounts or Services, including but not limited to loans, or to make or facilitate any illegal transaction(s) as determined by applicable law; and that any such authorized use, will constitute an event of default under this Agreement. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us) under applicable law, including but not limited to any transaction involving or relating to any gambling activity. You agree that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you and authorized user(s); or for declining to accept, process or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use.
- Errors and Questions. In cases of errors or questions concerning transactions completed within the Bill Payment Service, do one of the following as soon as possible:
- Telephone our office; or
- Write to us at PO Box 25669, Greenville, SC 29616; or
- Initiate a payment inquiry on your PC through the BillPay-e Plus™ messaging service.We must hear from you within sixty (60) days after we transmit the first statement or notification in which the error or problem appeared. Please include the
- Account Number and your Access ID
- Description of the error or what you are unsure about, plus an explanation of why you believe it is an error or why you need more information
- Tell us the amount of the error For a Bill Payer error tell us:
- Checking account number used to pay the bill
- Payee name
- Date the payment was sent
- Confirmation number
- Payment amount
- Payee account number for the payment in questionIf you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. We may extend the time frame for investigation to twenty (20) business days on a new account or if the suspected error occurred at a merchant location for the purchase of goods and services. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. We may extend the investigation up to ninety (90) days if on a new account or if the suspected error occurred at a merchant location for the purchase of goods or services. If we decide to do this, we will provisionally credit your account within ten (10) business days for the amount you think is in error, so that you will have use of your money during the time it takes us to complete our investigation. We will provide provisional credit within twenty (20) business days if a new account or the suspected error occurred at a merchant location for the purchase of goods or services. 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 provisionally credit your account. We will tell you the results within three (3) business days after completing our investigation. If we determine 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.
Other Problems. If you believe an error, other than an electronic funds transfer problem has occurred, you can call us at our office, notify us through BillPay-e Plus™ messaging or email us for information about how to handle the problem.
- Disclosure of Account Information to Third Parties. Information about your account(s) or the transaction(s) you make will be disclosed to third parties only if at least one of the following applies:
- It is necessary to complete a transaction
- It is necessary to verify the existence and condition of your account to a third party such as a credit bureau or merchant
- To comply with a governmental agency or court order
- If permission is given by you, which we amy require to be in writing
- It is necessary to assist us in collection of information for internal use
- It is necessary for statistical information or security purposes of our service providers, our servicing agents and/or contractors providing our Internet Banking
and electronic funds transfer service
in the future. Please contact us for additional information.
- Equipment. Internet banking and electronic delivery of statements requires that your Internet browser be Secure Socket Layer (SSL) compliant. Most popular browsers support this security feature. We require this to maintain our high security level. If you have an early version of the WebTV browser it will not be SSL compliant. However, the new versions 2 and higher currently support SSL. Some screens in Internet banking are maximized for computer users who can set their monitors to a resolution of 800x600 pixels. This requires WebTV users to scroll across on some pages. We cannot guarantee that Internet banking screens will appear as intended with WebTV browsers.Our Internet banking system currently works with Microsoft® Internet Explorer™, Mozilla® Firefox™, Apple® Safari™ and Google® Chrome™. We strongly recommend that you download the latest versions of your preferred browser software with 128-bit encryption.
You are solely responsible for the maintenance, installations and operation of your computer. This financial institution shall not be responsible for any errors, deletions or failures that occur as a result of any malfunction of your computer or software, nor will we be responsible for any computer virus that affects your computer or software while using our Internet Banking Product. We encourage our members to routinely scan their PC and storage mediums using a reliable virus detection product. Undetected or un-repaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
By accessing our Internet Banking system, you agree that we shall not be liable for any indirect, incidental or consequential costs, expenses or damages (including lost savings or profit, lost data, business interruption or attorney’s fees).
- Termination/Inactivity. You may terminate the use of BillPay-e Plus™ by contacting us via U.S. Mail, email or personal delivery to Turbine FCU. If your account(s) is closed or restricted for any reason, or if there has been no Internet Banking or Bill Payment activity for a period of six (6) months or more, Bill Payment Services will automatically terminate. We may at anytime cancel all or part of the Services we generally offer. If you terminate bill payment service, you authorize us to continue making payments and other previously authorized transactions until we have a reasonable opportunity to act upon your termination notice; you also agree to pay all applicable fees and charges. Once we have acted on your notice, we have no further responsibility to make any payments or previously authorized transactions.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.
- Assignment. This Agreement may not be assigned to any other party by you. We may assign or delegate this Agreement in part or whole, to any third party.
- Ownership of Material. BillPay-e Plus™ is a product of iPay Technologies, LLC™ and iPay Technologies, LLC™ is a trademark of Jack Henry & Associates. Unauthorized use or reproduction in whole or part is prohibited.
- Amendments. Terms and conditions of this Agreement may be amended in whole or part at any time within 45 days written notification prior to the change taking effect. We may notify you of such changes by U.S. Mail, or if you agree, we may send you an email notice, which details the changes. Email notifications may also direct you to a section of our website which will include the changes. Amendments or changes to term(s) or condition(s) may be made without prior notice if it does NOT result in higher fees, more restrictive service use, disclosure of additional account information to third parties or increased liability to you. Also, if a change in term(s) or condition(s) is necessary to maintain or restore the security of our system or your account(s), no advance notice is required and we will then notify you within 30 days following such action. If you do not agree with the change(s), you must notify us in writing or via email prior to the effective date to cancel your access to the Service. Your continued use of the affected change in Service is your agreement to the amendment(s).
- Entire Agreement. This Agreement supplements any other agreements or disclosures related to your account(s), including the Deposit Account Agreement and Disclosures provided to you separately.
[Complies with Requirements of the Gramm-Leach-Bliley Act of 1999 and NCUA’s Regulation 12 CFR § 716]
Trust has always been the foundation of our relationship with our members. Because you trust us with your financial and other personal information, we are committed to respect
your privacy and safeguard that information. To preserve your trust, we pledge to protect your privacy by adhering to the practices described below.
By signing any application or agreement with us, or your use or continued use of any of our services after receiving this document, you jointly and severally agree to the terms
and conditions set forth in this Policy and Agreement.
- The Types of Information We Collect. We only collect information about our members for lawful business purposes, or as otherwise required by applicable law. We maintain strict security procedures to protect your information. We collect information about members from the following sources: (a) Information we receive from you on applications for services, verifications, current and past employers, other forms and any communications you send to us including electronic messages from which we collect your name, address, phone numbers, Social Security numbers, financial data, birth date, gender and other information; (b) Transactions involving your accounts or services with us from which we collect information such as your name, account number, balance, payment history, parties to your transactions and credit card usage; (c) Consumer Credit Reports from which we collect information regarding your creditworthiness, credit history and account activity; (d) Market Research Firms that provide us with a variety of information regarding our members such as the number of individuals in a household, home ownership; and (e) Certain information
when you visit our website such as date and time our site was accessed, the web browser used and what pages were accessed.
- The Types of Information We Disclose. We generally do not provide any non-public personal information about our members and former members, except as permitted by applicable law. However, we may disclose the non-public personal information we collect as described above to Financial Service Providers such as insurance agents, and other non-affiliated third parties as permitted by applicable law.Because of the limited way we share information with non-affiliated third parties, we are not required to provide you with the opportunity to opt-out from the disclosure of information to Sharing Information with Credit Union Affiliates. Our affiliate, TruStage™, provides financial services, including financial planning, securities brokerage and insurance products and services. We may share personal information (such as name, address and account number) and account information (such as type of accounts, account balances and transaction history) with our affiliate so they can serve you more efficiently. Our affiliate maintains the same privacy standards as the Credit Union.
- Security. We are committed to taking every reasonable precaution to protect individual identifying information that you provide to us. We restrict access to non-public personal information about you to employees who need to know that information to provide products and services to you. We also maintain physical, electronic and procedural safeguards that comply with Federal Regulations to guard your non-public personal information.
Our Internet banking service providers, Database Management Services, Inc.®, HomeCU™, Jack Henry and Associates® and iPay Technologies, LLC™ have also developed security policies and procedures to protect the member information that they must collect and maintain to help us process your banking transactions over the Internet. They have developed top-of-the-line security systems to ensure your member information is protected on the Internet and within each respective provider’s environment.
4. Notices and “Joint Relationships”. Except where expressly required by applicable law, we will provide all notices, including opt-out notifications if required, to the person (member) listed first on any application, agreement or other relevant document with us. The notice will be mailed to the address noted for said person on the application, agreement or other document. If this person (member) has agreed to receive notices and disclosures electronically, then we can send all such notices and notifications, including but not limited to, appropriate opt-out forms, to the email or Internet address provided by said person. All joint owners, borrowers and guarantors agree to the receipt and sufficiency of any notice or notification sent according to this paragraph.
- What Members Can Do to Help. Protect your account numbers, card numbers, PINs (personal identification numbers) and passwords. In particular, never keep your PIN with your debit card or credit card, as that makes you vulnerable in the event you lose your card or your card is stolen. Usecaution in revealing account numbers, Social Security numbers, etc. to other persons. In particular, if a caller tells you he/she is calling you on behalf of the Credit Union and asks for your account number, you should beware. Legitimate Credit Union staff would already have access to that information. It’s important that the Credit Union has current information about how to reach you. If we detect potentially fraudulent use of your account, we will attempt to contact you immediately. If your address or phone number changes, please let us know.
- Pre-Approved Credit Solicitations. If you would like to have your name taken off all pre-approved credit solicitations (not just Credit Union offers), you can write to the following credit reporting agencies. Please be sure to include your name, current address, Social Security number, home telephone number and date of birth.
Experian Consumer Opt-Out P.O. Box 919 Allen, TX 75013
Equifax, Inc. Options P.O. Box 740123 Atlanta, GA 30374-0123
TransUnion Name Removal Option P.O. Box 505 Woodlyn, PA 19094
Innovis Consumer Assistance P.O. Box 495 Pittsburgh, PA 15230-0495
- Online Privacy Guidelines (Protecting Information Online). Whether you are a current member or just visiting us online, we safeguard the information you provide
to us at www.turbinecu.com. How we use and protect this information is described below:
If you have questions or concerns about the privacy policies and practices of these third parties, please review their websites and contact them directly. Turbine Federal Credit Union assumes no responsibility for the content, safety, security or privacy of any such site or any transactions you conduct through them. However, if you need any assistance in contacting these third parties, or if you have any concerns regarding unauthorized access to your accounts or Credit Union debit/ATM cards, please contact our office in person or call us at (864) 254-2883.
- Protecting Online Applications. When you apply online for accounts or services, or enroll in our online banking services, you provide personal information that is necessary for us to process your application. To ensure that your application remains confidential, the information is sent to us in a“secured session”. After you have submitted your application online, we recommend that you end your browser session before leaving your computer. We, along with outside companies with which we work, if applicable, may keep the information the application provided to us, along with information we collect from outside sources, so that we can offer you accounts and services related to your financial needs.
- The Internet address (referral site) which brought you to our website.
- The date and time you access our site.
- The name and version of your web browser.
- Your Internet Protocol (IP) address.
- Content of cookies sent by Service Provider.
- The pages visited on our website.Collection Information. Our Internet financial services providers, , Database Management Services, Inc.®, HomeCU™, Jack Henry and Associates® and iPay Technologies, LLC™ (hereafter referred to collectively and individually as Service Provider), also collects and maintains certain information about our members simply to help us provide financial services to you online. They may also collect certain information for security and statistical purposes. The information collected may include:
- The information collected on the pages you visit is used only for statistical purposes and is tied only to your IP address.
Internet Protocol (IP) Addresses. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers – the computers that “serve up” Web pages – automatically identify your computer by its IP address.
The Service Provider does not link IP addresses to anything personally identifiable which means that a user’s session will be logged, but the user remains anonymous to us and the Service Provider.
The Service Provider may use IP addresses to audit the use of our site. The Service provider can and will use IP addresses to identify a user when necessary for security purposes.
- Visitors to Our Website. Visitors to our website remain anonymous. We do not collect unique identifying information about you unless you voluntarily ad knowingly provide us that information, and we do not send you a “cookie”.The Service Provider does collect and disclose general information to us about your visit, such as when you accessed our site, which pages you accessed in our website, and what internet provider you used when you accessed our site.
You may elect to provide us with more specific information, such as when you give us feedback or send us an email. If you provide us this information, it is only used internally and in furtherance of the purpose for which it was intended.
We do not disclose or sell to any third party information that we collect or that is provided to us from visitors to our website. We do not send advertisements or email to someone who just visited our website.
The cookies for our Online Banking and Online Bill Pay simply provide another level of security for our Internet banking product.
The Database Management Services, Inc.®, HomeCU™, Jack Henry and Associates® and/or iPay Technologies, LLC banking products use encrypted cookies that do not pass to your hard drive. Instead, the cookie is stored in the memory of your browser, identifying your computer while you are logged on. Only Database Management Services, Inc.®, HomeCU™, Jack Henry and Associates® and/or iPay Technologies, LLC can read the information in these cookies. When you log off, close your browser, or turn off your computer and the cookie is destroyed. A new cookie is used for each session. That way, no one can use the prior cookie to access your account. For additional security, the cookie expires after ten (10) minutes of inactivity. It must then be renewed by re-entering your Pass Code.
- Protecting Children. We do not knowingly solicit or collect data from children and we do not knowingly market to children online. We recognize that protecting children’s identities and online privacy is important and that responsibility rests with us and the parents.
CHECK 21 DISCLOSURES:
IMPORTANT CONSUMER AWARENESS INFORMATION AND DISCLOSURES REGARDING “SUBSTITUTE CHECKS.”
A SUBSTITUTE CHECK IS THE LEGAL EQUIVALENT OF AN ORIGINAL CHECK FOR ALL PURPOSES, INCLUDING ANY PROVISIONS OF ANY FEDERAL OR STATE LAW, AND FOR ALL PERSONS, IF THE SUBSTITUTE CHECK:
- ACCURATELY REPRESENTS ALL OF THE INFORMATION ON THE FRONT AND BACK OF THE ORIGINAL CHECK AS OF THE TIME AT WHICH THE ORIGINAL CHECK WAS TRUNCATED; AND
- BEARS THE LEGEND: “THIS IS A LEGAL COPY OF YOUR CHECK. YOU CAN USE IT IN THE SAME WAY YOU WOULD USE THE ORIGINAL CHECK.”; AND
- THE CONSUMER RE-CREDIT RIGHTS ESTABLISHED BY CHECK 21 APPLY WHEN A CONSUMER BELIEVES IN GOOD FAITH THAT A SUBSTITUTE CHECK WAS NOT PROPERLY CHARGED TO THE ACCOUNT OF THE CONSUMER. SUCH RIGHTS ARE SET FORTH BELOW:
- In General: A consumer may make a claim for expedited re-credit from the financial institution that holds the account of the consumer with respect to a substitute check, if the consumer asserts in good faith that: (A) the financial institution charged the consumer’s account for a substitute check that was provided to the consumer; (B) either the check was not properly charged to the consumer’s account or the consumer has a warranty claim with respect to such substitute check; (C) the consumer suffered a resulting loss; and (D) the production of the original check or a better copy of the original check is necessary to determine the validity of any claim described in subparagraph (B).
- 40-Day Period: Any claim with respect to a consumer account may be submitted by a consumer before the end of the 40-day period beginning on the later of the date on which the financial institution mails or delivers, by a means agreed to by the consumer, the periodic statement of account for such account which contains information concerning the transaction giving rise to the claim or the date on which the substitute check is made available to the consumer. The 40-day period can be extended by a reasonable amount of time due to extenuating circumstances, including extended travel or the illness of the consumer, the 40-day period shall be extended by a reasonable amount of time.
- Procedures for Claims: To make a claim for an expedited re-credit with respect to a substitute check, the consumer shall provide to the financial institution that holds the account of such consumer: (A) a description of the claim, including an explanation of (i) why the substitute check was not properly charged to the consumer’s account; or (ii) the warranty claim with respect to such check; (B) a statement that the consumer suffered a loss and an estimate of the amount of the loss; (C) the reason why production of the original check or a better copy of the original check is necessary to determine the validity of the charge to the consumer’s account or the warranty claim; and (D) sufficient information to identify the substitute check and to investigate the claim. The financial institution can require that the claim be submitted in writing and the financial institution can permit the consumer to submit the claim electronically if the consumer has agreed to communicate with the financial institution in that manner.
- Re-credit to Consumer and Conditions for Re-credit: The financial institution shall re-credit a consumer account for the amount of a substitute check that was charged against the consumer account if (A) a consumer submits a claim to the financial institution with respect to that substitute check that meets the “Procedures for Claims” listed above, and (B) the financial institution has not:
- (i) provided to the consumer the original check or a copy of the original check (including an image or a substitute check) that accurately represents all of
the information on the front and back of the original check, as of the time at which the original check was truncated; and (ii) demonstrated to the consumer
that the substitute check was properly charged to the consumer account. TIMING OF RE-CREDIT. In general, the financial institution shall re-credit the consumer’s account for the amount described under “Conditions for Re-credit” above no later than the end of the business day following the business day on which the financial institution determines the consumer’s claim is valid.
RE-CREDIT PENDING INVESTIGATION. If the financial institution has not yet determined that the consumer’s claim is valid before the end of the 10th business
day after the business day on which the consumer submitted the claim, the financial institution shall re-credit the consumer’s account for (i) the lesser
of the amount of the substitute check that was charged against the consumer account, or $2,500, together with interest if the account is an interest-bearing
account, no later than the end of such 10th business day; and (ii) the remaining amount of the substitute check that was charged against the consumer account,
if any, together with interest if the account is an interest-bearing account, not later than the 45th calendar day following the business day on which
the consumer submits the claim.
- (i) provided to the consumer the original check or a copy of the original check (including an image or a substitute check) that accurately represents all of
- AVAILABILITY OF RE-CREDIT: NEXT DAY AVAILABILITY. Except as provided in the “SAFEGUARD EXCEPTIONS” below, a financial institution that provides a re-credit to a consumer account shall make the re-credited funds available for withdrawal by the consumer by the start of the next business day after the business day on which the financial
institution re- credits the consumer’s account.
SAFEGUARD EXCEPTIONS. A financial institution may delay availability to a consumer of a re- credit provided under “RE-CREDIT PENDING INVESTIGATION” above until the start
of either the business day following the business day on which the financial institution determines that the consumer’s claim is valid or the 45th calendar day following
the business day on which the consumer submits a claim for such re-credit, whichever is earlier, in any of the following circumstances: NEW ACCOUNTS. The claim is
made during the 30-day period beginning on the business day the consumer account was established. REPEATED OVERDRAFTS. Without regard to the charge that is the subject
of the claim for which the re-credit was made (i) on 6 or more business days during the 6-month period ending on the date on which the consumer submits the claim,
the balance in the consumer account was negative or would have become negative if checks or other charges to the account had been paid; or (ii) on 2 or more business
days during such 6-month period, the balance in the consumer account was negative or would have become negative in the amount of $5,000 or more if checks or other
charges to the account had been paid. PREVENTION OF FRAUD LOSSES. The financial institution has reasonable cause to believe that the claim is fraudulent, based on
facts (other than the fact that the check in question or the consumer is of a particular class) that would cause a well grounded belief in the mind of a reasonable
person that the claim is fraudulent. OVERDRAFT FEES.
No financial institution that delays the availability of a re-credit under “SAFEGUARD EXCEPTIONS” above to any consumer account may impose any overdraft fees with respect to drafts drawn by the consumer on such re-credited amount before the end of the 5-day period beginning on the date notice of the delay in the availability of such amount is sent by the financial institution to the consumer.
- Reversal of Re-credit: A financial institution may reverse a re-credit to a consumer account if the financial institution (1) determines that a substitute check for which the financial institution re- credited a consumer account was in fact properly charged to the consumer account; and (2) notifies the consumer in accordance with “NOTICE TO CONSUMER” provisions below.
- Notice to Consumer and Notice if Consumer Claim Not Valid. If a financial institution determines that a substitute check subject to the consumer’s claim was in fact properly charged to the consumer’s account, the financial institution shall send to the consumer, no later than the business day following the business day on which the financial institution makes a determination:(A) that the original check or a copy of the original check (including an image or a substitute check) that (i) accurately represents all of the information on the front and back of the original check (as of the time the original check was truncated); or (ii) is otherwise sufficient to determine whether or not the consumer’s claim is valid; and (B) an explanation of the basis for the determination by the financial institution that the substitute check was properly charged, including a statement that the consumer may request copies of any information or documents on which the financial institution relied in making the determination.
NOTICE OF RE-CREDIT. If a financial institution re-credits a consumer account, the financial institution shall send to the consumer, no later than the business day following the business day on which the financial institution makes the re-credit, a notice of (A) the amount of the re-credit; and (B) the date the re-credited funds will be available for withdrawal.
NOTICE OF REVERSAL OF RE-CREDIT. In addition to the notice required if a consumer’s claim is not valid, if a financial institution reverses a re-credited amount, the financial institution shall send to the consumer, no later than the business day following the business day on which the financial institution reverses the re-credit, a notice of (A) the amount of the reversal; and (B) the date the re-credit was reversed.
MODE OF DELIVERY. Any notice described above shall be delivered by United States mail or by any other means through which the consumer has agreed to receive account information.
- Other Claims Not Affected: Providing a re-credit in accordance with this section shall not absolve the financial institution from liability for a claim made under any other law, such as a claim for wrongful dishonor under the Uniform Commercial Code, or from liability specifically provided for by Regulation CC.
- Clarification Concerning Consumer Possession: A consumer who was provided a substitute check may make a claim for an expedited re-credit under this section with regard to a transaction involving the substitute check whether or not the consumer is in possession of the substitute check.
- Scope of Application: These expedited re-credit rights shall only apply to: (A) Substitute Checks as defined by Regulation CC; and (B) members who are consumers.
UNIFORM COMMERCIAL CODE FUNDS TRANSFERS AGREEMENT AND DISCLOSURE
- Summary and Definitions. This Agreement governs the movement of funds by means of funds transfers defined in Article 4A of the Uniform Commercial Code, Subpart B of Regulation J of the Board of Governors of the Federal Reserve System (generally referred to as “Fedwire” or “wholesale” wire transfers), and, as may be applicable, the operating rules for the National Automated Clearing House Association (“NACHA”). This Agreement does not apply to any transaction or any part of any transaction governed by the Electronic Funds Transfer Act and Regulation E. To the extent that the terms of this Agreement vary from other agreements or disclosures in this Booklet, this Agreement shall govern. Further, to the extent that this Agreement varies any provision of Article 4A, Regulation J or the operating rules of NACHA, this Agreement shall govern, except where specifically prohibited by law.
- Services Available. You authorize us to transfer funds in accordance with your request(s) to and from your account(s) with us, or to and from another institution. Transfers shall be made according to any security procedures we deem appropriate or as specifically agreed upon as provided herein. We may debit any of the accounts you designate as a source of payment for funds transfers and any related fees and service charges. We will have no obligation to accept or execute any payment order if (1) the account(s) from which it is to be made does not contain sufficient available collected funds;(2) the payment order is not authorized or does not comply with applicable security procedures; or (3) acting in good faith we have reasonable cause for rejecting the payment order.
- Person(s) Authorized to Make Transfers. You agree that you, any joint owner of an account or any person authorized by a written instrument by you or any joint owner, that is acceptable to us, may initiate, request, cancel, amend or verify transfers on your account(s). We may rely on the authority of any person(s) designated by you or any joint owner until we receive written notice revoking or modifying that authority.
- Security Procedure(s). We may establish security procedures to verify the authenticity of a payment order. You agree that the authenticity of payment orders may be verified using that security procedure unless you notify us in writing that you do not agree to that security procedure. In that event, we shall have no obligation to accept any payment order from you or other authorized parties on the account until you and the Credit Union agree in writing to an alternate security procedure. You authorize us to record any telephone communications regarding any transfer order, which we may maintain for any period of time we deem appropriate.
- Time Limitations for Acceptance of Orders. We may establish and change cut-off times for the receipt and processing of funds transfer orders, amendments or cancellations. Our transfer business days and cut-off times are set forth in the Schedule, as amended from time-to-time. Transfer orders, cancellations or amendments received after the cut-off time may be treated as received on the next following funds transfer business day, and processed accordingly. Your request for transfer(s), amendment(s) and cancellation(s) is considered accepted when executed by us.
- Cancellation or Amendment of Transfer Request(s). You may not be able to cancel or amend a request after it is received by us. However, we may, in our sole discretion, use reasonable efforts to act on your request for cancellation or amendment. Any request for cancellation or amendment is subject to applicable security procedure(s). We shall have no liability if such cancellation or amendment is not effected. Furthermore, you agree to indemnify and hold us harmless from any and all liabilities, costs and expenses we may incur in attempting to cancel or amend any transfer.
- Member Instructions Identifying Beneficiary or Financial Institution. You acknowledge and agree that when you provide us with the name and account number when requesting a transfer, that payment may be made solely on the basis of the account number even if the account number identifies a beneficiary different from the beneficiary named by you. Further, payment instructions identifying a beneficiary’s financial institution name, routing and transit number may result in payment solely on the basis of the routing and transit number even if the name of the institution does not correspond to said numbers. You further agree that your obligation to pay the amount of the wire transfer to us is not excused in such circumstances. Likewise, wire transfers received by us for your benefit may be paid by us solely on the basis of account number.
- Account Statements and Notices. All transfers subject to this Agreement will be reflected on your periodic account statement(s). Notification of receipt of all such transfers will be provided by including such item in the periodic account statement(s) we provide to you. You may inquire whether a specific transfer has been received at any time during our normal business hours. You agree to review each statement or other notice for any discrepancies in connection with transfers. If you think a transfer is not authorized, wrong or if you need more information about a transfer, you must contact us in writing upon discovery of the error or within 30 days after you receive the first notice or statement that reflects the discrepancy you allege, whichever is earlier. Failure to do so will relieve us of any obligation to pay interest or otherwise compensate you for the amount of any unauthorized or erroneous transfer.
- Method Used to Make the Wire Transfer. We may select any means for the transmission of funds we consider suitable, including but not limited to the Credit Union’s own internal systems or Fedwire. Any subsequent financial institution may also use Fedwire. Any use of Fedwire shall be governed by applicable Fedwire regulations. The Credit Union is not responsible for performance failure as a result of an interruption in transfer facilities, labor disputes, power failures, equipment malfunctions, suspension of payment by another party, refusal or delay by another financial institution to accept the transfer, war, emergency conditions, fire, earthquake or other circumstances not within our control.
- Limitation of Credit Union’s Liability. In addition to any defense or exception from liability provided in this booklet or applicable law, the Credit Union shall not be liable in any case for any special, indirect, exemplary, and consequential or punitive damages (including lost profits). Further, we shall in no case be responsible for the payment of any attorneys’ fees or other legal expenses whatsoever. If we become obligated to pay dividends to you under applicable law, you agree that the dividend rate shall be equal to the dividend rate applicable to the account on which the transfer was made.
- Provisional Payment. We may in our sole discretion give you a credit for automated clearing house (ACH) payments or wire transfers before we receive final settlement of the funds transfer. We reserve the right to reject any such payment or transfer without liability to you. Any such credit is provisional until we receive final settlement. If we do not receive such settlement, we are entitled to a refund from you in the amount provisionally credited.
- Choice of Law. We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Funds Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with South
Carolina Law and as provided in the operating rules of the National Automated Clearing House Association.
FUNDS AVAILABILITY: YOUR ABILITY TO WITHDRAW FUNDS – ALL ACCOUNTS
THIS DISCLOSURE DESCRIBES YOUR ABILITY TO WITHDRAW FUNDS AT THE CREDIT UNION. YOU SHOULD ALSO REFER TO THE SECTION OF THESE AGREEMENTS AND DISCLOSURES THAT DESCRIBES THE DETAILS OF YOUR SPECIFIC ACCOUNT TYPE FOR ADDITIONAL
1. GENERAL POLICY. Our policy is to make funds from your cash deposits available to you on the same business day that we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
2. RESERVATION OF RIGHT TO HOLD. In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after we receive your deposit. Funds may not be available until the second business day after the day of your deposit. However, the first $225.00 of your deposit may be available on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the same business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees or if we decide to take this action after you have left the premises, we will mail you the notice by the next business day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.
3. HOLDS ON OTHER FUNDS. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this Disclosure for the type of check that you deposited. If we take such action, we will notify you at the time you make your deposit or cash your check.
4. LONGER DELAYS MAY APPLY. We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,525.00 on any one (1) day.
You deposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last six (6) months.
There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
5. SPECIAL RULES FOR NEW ACCOUNTS. If you are a new member, the following special rules will apply during the first 30 days your account is open. Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state, and local government checks will be available on the next business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,525.00 will be available no later than the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525.00 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available no later than the ninth business day after the day of your deposit.
6. DEPOSITS AT NON-PROPRIETARY ATMS. The Credit Union does not accept, and will not process, deposits made at non-proprietary ATMs.
7. FOREIGN CHECKS. Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this Disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn.
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds
will be available at the time funds from the check we cashed would have been available if you had deposited it.
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to
withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal
until the day the deposited item would have been available, which will usually be the first business day after the day of deposit.
Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks
are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposit of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn. Foreign checks with no routing numbers and payable in foreign currency are not accepted for deposit. These items must be sent as a collection item. Only foreign checks payable through a U.S. financial institution with routing numbers and payable in U.S. dollars will be available subject to the schedule described in this section.
*SPECIAL RULES FOR TIME PERIOD ADJUSTMENT FOR WITHDRAWALS BY CASH OR SIMILAR MEANS.
The Credit Union reserves the right to extend by one business day the time that funds deposited will be available for withdrawal by cash or similar means. However, an
additional $400.00 will be available for withdrawal by cash or similar means on the date funds are otherwise available for withdrawal under this policy.
TRUTH-IN-SAVINGS ACT DISCLOSURE
Share and Checking Accounts
- Rate Information. The dividend rate and Annual Percentage Yield (“APY”) on your accounts are set forth in the Truth-in-Savings Act Rate and Fee Schedule (“Schedule”) provided with this Booklet. The dividend rate and APY may change each dividend period as determined by the Credit Union’s Board of Directors.
- Compounding and Crediting. Dividends will be compounded and will be credited as set forth in the Schedule. The Dividend Period (“period”) for each of your accounts is set forth in the Schedule. The dividend period begins on the first calendar day of the period and ends on the last calendar day of the period. If your account is closed or you make a withdrawal during a dividend period before dividends are credited, you may not receive accrued but un-credited dividends.
- Balance Information. Any minimum deposit to open an account and the minimum average daily balance you must maintain to avoid service fees and to earn the annual percentage yield stated for your account is set forth in the Schedule. Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in your account for the Period. The average daily balance is calculated by adding the balance in your account for each day of the Period and dividing that figure by the number of days in the Period. If you fail to maintain the minimum balance required to earn the dividend rate and annual percentage yield for any account as set forth in the Schedule, then you will not earn the dividend rate and annual percentage yield for the period in which you do not meet this requirement.
- Accrual of Dividends. Dividends will begin to accrue on the business day we receive provisional credit for the deposit of noncash items (e.g. checks) to your account. Dividends will begin to accrue on cash deposits on the business day you make the deposit to your account.
- Transaction Limitations for All Share Savings Accounts. Limitations are set forth in the first Section of this Booklet entitled “Membership, Accounts and Account Services Agreement.” Additional
Limitations for IRA Savings Accounts: You are solely responsible for complying with any requirements including transaction limitations and penalties for early withdrawal under the Internal Revenue Code or other applicable Federal or State law governing any IRA or other Credit Union accounts. Deposits are not limited. Transfers to a Credit Union IRA Certificate are allowed subject to applicable law; and the minimum balance requirements and other restrictions applicable to the Certificate Account.
- Excessive Transaction Fees. Free Share Savings account transactions are limited to six (6) per month. Additional transactions during a month will cause a fee, as set forth in the Schedule, to be imposed.
TERM SHARE CERTIFICATE ACCOUNTS
(Share Certificate and IRA Certificate Accounts)
- Rate Information. The dividend rate and annual percentage yield on your account are stated in the Schedule and/or your Term Share Certificate. The annual percentage yield reflects the dividends to be paid on your account based on the dividend rate and the frequency of compounding for an annual period. For Fixed Rate Share Certificate and Fixed Rate IRA Certificate Accounts the dividend rate and annual percentage yield are fixed and will be in effect for the term of the account. For Variable Rate Share Certificate and Variable Rate IRA Certificate Accounts the dividend rate and annual percentage yield are variable and may change each dividend period based on the determination of the Credit Union’s board of directors. The annual percentage yield assumes that dividends will remain on deposit until maturity. Any withdrawals will reduce your earnings.
- Compounding and Crediting. Dividends will be compounded and credited as set forth in the Schedule. The Dividend Period (“period”) for each account is set forth in the Schedule. The period begins on the first calendar day of the period and ends on the last calendar day of the period.
- Minimum Balance Requirements. The minimum opening deposit required to open any Term Share Certificate Account is set forth in the Schedule. You must maintain an average daily balance equal to or greater than the minimum opening deposit to earn the annual percentage yield and avoid any service charges set forth in the Schedule.
- Balance Computation Information. Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in your account for the Period. The average daily balance is calculated by adding the balance in your account for each day of the Period and dividing that figure by the number of days in the Period.
- Accrual of Dividends. Dividends will begin to accrue on the business day we receive provisional credit for the deposit of noncash items (e.g. checks) to your account. Dividends will begin to accrue on cash deposits on the business day you make the deposit to your account. Once dividends are credited to a certificate account, it becomes principal. If you close your Certificate account before any dividend is credited, you will not receive accrued but un-credited or unpaid dividends
- Transaction Limitations. In addition to any other applicable limitations described in this Booklet, after a Term Account is opened, you may not make deposits into the account before maturity. After an IRA Certificate Account is opened, you may make additional deposits into the account before maturity; however, your deposits may not exceed the maximum allowed pursuant to applicable law or as set forth in the Schedule in any single calendar year. You may not make withdrawals of dividends from your account before maturity unless at account opening you arrange for dividend payments, if allowed by the Credit Union.Additional Deposits: Additional deposits are permitted for Add-On Certificates only. You may make additional deposits to an Add-On Certificate at any time. There is a $25.00 minimum amount requirement for additional deposits.
- Maturity Date. Your account will mature on the date stated in your Certificate or any Renewal Notice the Credit Unions provides to you.
- Early Withdrawal Penalties – All Certificate Accounts. You have agreed to leave the principal of this account on deposit for the full term stated in your Certificate. If all or part of the principal is withdrawn before the maturity date, the Credit Union may charge you a penalty. Withdrawal of the principal amount of your Certificate may be made only with the consent of the Credit Union. Unless stated otherwise, owners of accounts with a stated term of
one year or less shall forfeit an amount equal to up to 90 days dividends on the amount withdrawn, or the length of the term, whichever is less, when any withdrawal is allowed. Unless stated otherwise, owners of accounts with a stated term of more
than one year shall forfeit an amount equal to up to 180 days dividends on the amount withdrawn, or the length of the term, whichever is less, when any withdrawal is allowed. The penalty may be calculated at the rate paid on the deposit at the time of the withdrawal. The penalty will, if necessary, be taken from the principal amount of the deposit. The Credit Union may grant a premature withdrawal request without penalty or with a reduced penalty in the event of the owner’s death or legal incompetence; or if your account is an IRA account and the account is revoked within seven (7) days after the IRA Disclosure Statement is received; or when the account is an IRA account and the owner qualifies pursuant to applicable law.
- Renewal Policy. Unless you instruct the Credit Union otherwise, your certificate account will automatically renew at maturity. You will have a grace period of ten (10) business days after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty. However, the Credit Union reserves the right to give the owner written notice that the account will not be renewed. In the latter case, upon maturity, the account will be converted to a regular share account and receive earnings at the rate then paid on regular share deposits. The rate of earnings for any renewal terms, shall be at the rate the Credit Union is then offering on the same accounts in this class. If you instruct us not to renew your account, then no dividends will be paid after the stated maturity date.
- Partial Withdrawal. No partial withdrawal will be permitted at any time that would result in a principal balance of less than the required minimum opening deposit.
- Nature of Dividends. The Credit Union pays dividends from current income and available earnings, after required transfers to reserves at the end of the dividend period, thus dividends are not guaranteed. The Dividend Rate and Annual Percentage Yield set forth in the Schedule are prospective rates and yields the Credit Union anticipates paying for the applicable dividend period.
- National Credit Union Share Insurance Fund. Member accounts in this Credit Union are federally insured by the National Credit Union Share Insurance Fund.
- Limitations on Maximum Shares Held by One Member. The Credit Union’s Board of Directors may limit the maximum amount of shares one member may hold by resolution, which they may set or change from time to time.
- Transfer and Assignment. OWNERSHIP OF AN ACCOUNT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CREDIT UNION. The Credit Union may, before giving its consent, use any of the funds in this Account to repay any debt due it from any named Account owner. Your Accounts may be pledged to secure your existing or future obligations owed to this Credit Union.
- Fees and Charges. The fees and charges set forth in the Schedule may be assessed against your account(s).
- Par Value Requirements. The Par Value of a membership share, which must be fully paid to become a member or maintain membership or to receive and maintain any accounts or services with us is set forth in the Schedule. The sum of your membership share shall be paid into and retained in your share savings or other appropriate account.
- Transaction Limitation on All Accounts. No member may withdraw any amount on deposit below the amount of their primary or contingent liability to the Credit Union if they are delinquent as borrower, co-maker, or guarantor, without the Credit Union’s written permission. Further, if your account(s) are pledged to us to secure any loan obligation, then you must pay, or, with our permission, renew the loan before any principal or dividends may be withdrawn or transferred. If we allow you to renew a loan secured by such a pledge, you may be required to renew any pledged account or leave the funds on deposit with us until the loan is paid or we specifically release the funds.
Credit Union Offices
Main Office – GE Gas Turbine Plant
300 Garlington Road
Greenville, SC 29615
(864) 254-2455 – Fax
Branch Office – GE Aviation Plant
119 Matrix Parkway
Piedmont, SC 29673
(864) 299-8826 – Fax
To Report Lost or Stolen Cards
Debit/ATM: (866) 546-8273
Credit: (727) 570-4881 during business hours / (866) 604-0381 after hours
Direct All Other Reports, Requests and Inquiries to:
Turbine Federal Credit Union
P.O. Box 25669 Greenville, SC 29616
12 C.F.R. §740.4
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