Welcome to WV United
Federal Credit Union. We are pleased to have you as a member.
This is the contract
between you and WV United Federal Credit Union. When you become a
member you agree to the terms and conditions described in this
booklet. These terms and conditions apply whether the account is
opened in person, by mail, by telephone, or electronically. Please
read this Agreement carefully and keep it for your records.
This Agreement is the
contract of deposit that covers your and our rights and
responsibilities concerning Membership and Account(s) offered to
you. In this Agreement, the words "you" and "yours" mean those who
sign the Membership Application / Update ("Application"), assert any
ownership in an account or use any access device for any account.
The words "we," "us," and "our" mean WV United Federal Credit Union
("Credit Union"). The word "account" means any one or more savings,
checking or time deposit accounts you have with the Credit Union.
The classification
and form of ownership of your accounts (including Time Deposits) are
designated on your Application. By signing the Application that is a
part of this Agreement, each of you, jointly and severally, agree to
the terms and conditions in this Agreement, including the Funds
Availability Policy, Electronic Funds Transfer Agreement, and the
Truth-in-Savings Disclosures (Rate and Fee Schedule) incorporated in
or accompanying this Agreement, any account receipt, the Credit
Union's Bylaws and policies, and any amendments which collectively
govern your Membership and Accounts. You agree that additional
accounts and services you request in the future will be governed by
this Agreement, as amended from time to time.
Membership
And Accounts
1.
Membership Eligibility
To be eligible for
membership in the Credit Union you must be an individual or entity
qualifying within the Credit Union's field of membership and must
purchase and maintain a membership deposit as required by the Credit
Union's Bylaws. You authorize us to check your account, credit and
employment history, and obtain a credit report from third parties,
including consumer reporting agencies, to verify your eligibility
for any accounts and services.
a. Always a Member. Once you join WV United Federal Credit Union
you are a member for life provided you comply with the terms of this
Agreement and maintain a minimum deposit of $10 in Savings. If you
leave your job or move from the area, you can still use the Credit
Union, provided you keep your account open. (See sections 26 & 27 of
this Agreement.)
b. Voting. The Credit Union is owned and operated by our
members. Each primary member may cast one ballot at our annual
meeting to elect our Board of Directors. Joint owners are not
eligible to vote.
2.
Individual Accounts
An individual account
is an account owned by one depositor including any individual,
trust, or other organization qualified for Credit Union membership.
If the account is an individual account, the interest of a deceased
individual owner will pass, subject to applicable law, to the
decedent's estate or payable on death ("POD") beneficiary, if
applicable.
3. Joint
Accounts
An account owned by
two or more persons is a joint account. A Joint Owner is not a
member of WV United Federal Credit Union and does not become a member
as a result of being designated a joint owner.
a. Rights of Survivorship. If your account is a joint
account, the account is owned as a joint account with rights of
survivorship. Upon the death of one of the joint account owners,
that person's interest will become the property of the surviving
joint account owners.
b. Rights of Joint Account Owners. Any joint account owner is
authorized and deemed to act for the other owner(s) and the Credit
Union may accept orders and instructions regarding the account and
requests for future services from any other account owner. Each
account owner guarantees the signature of the other owners. Any
account owner may withdraw all funds in the account, stop payment on
items drawn on an account, withdraw, or pledge all or any part of
the deposits of any account and use any access device issued for the
account without the consent of the other account owner(s) and the
Credit Union shall have no duty to notify any other joint account
owner(s). If the Credit Union receives written notice of a dispute
between account owners or receives inconsistent instructions from
them, the Credit Union may suspend or terminate the account, require
a Court order to act, or require that all joint account owners agree
in writing to any transaction concerning the account.
c. Joint Account Owner Liability. If any item deposited in a
joint account is returned unpaid or an account is overdrawn, or if
we do not receive final payment on any transaction, each of the
multiple account owners and authorized users is jointly and
severally liable to the Credit Union for the amount of the returned
item, overdraft, or unpaid amount and any charges, or liability for
any transaction performed by an authorized user, regardless of who
created or performed the overdraft, deposited or cashed the item or
benefited from the transaction. If any account owner is indebted to
the Credit Union, the Credit Union may enforce its rights against
any or all funds in the joint account regardless of who contributed
the funds to the joint account.
4.
POD/Trust Account Designations
A Payable on Death
(POD) or trust account designation is an instruction to the Credit
Union that a single or multiple party account so designated is
payable to the owner(s) during his, her or their lifetimes and, when
the last account owner dies, is payable to any named and surviving
POD or trust beneficiary/payee. Accounts payable to more than one
POD or trust beneficiary/payee are owned jointly, in equal shares,
by such beneficiaries with rights of survivorship. Any POD or trust
beneficiary/payee designation shall not apply to IRA accounts which
shall be governed by a separate beneficiary designation. We are not
obligated to notify any beneficiary/payee of the existence of any
account or the vesting of the beneficiary's/payee's interest in any
account, except as otherwise provided by law.
5. Accounts for Minors
The Credit Union
reserves the right to limit the accounts and services that are
available to minors. For any account established by or for a minor,
the minor account owner must have a joint account owner who is a
parent or legal guardian of the minor, as approved by the Credit
Union, who shall be jointly and severally liable to the Credit
Union. For a joint account, all funds in the account shall be owned
as a joint account with rights of survivorship. The Credit Union may
make payments of funds directly to the minor without regard to his
or her minority. The Credit Union has no duty to inquire of the use
or purpose of any transaction by the minor or joint account owner.
The minor account owner's tax identification number must be shown on
the Application. The Credit Union shall not change the account
status when the minor reaches age eighteen (18), unless authorized
in writing by all account owners.
6. Uniform Transfer to Minor
Accounts
A Uniform Transfer to
Minor (Custodial) Account (UTTMA) is an individual account
established by a member as a custodian on behalf of a minor (a
person under twenty-one (21) years of age). The custodian shall open
the account in the name of the minor, include the minor's social
security number, and must sign his or her own name on the
Application. The custodian has possession and control of the account
for the exclusive right and benefit of the minor and, barring a
court order otherwise, is the only party entitled to make deposits
to, withdrawals from, or close the account. In the event of the
custodian's death, the Credit Union may place an administrative hold
on the account until it receives instructions from any person
authorized by law to withdraw funds or a court order authorizing
such withdrawal. It is the legal responsibility of the custodian to
change the status of the account when the minor reaches age 21.
7. Accounts for Living Trusts
An account for a
living trust is an individual account held by one or more trustees
of a trust for the benefit of one or more beneficiaries pursuant to
a revocable or irrevocable trust agreement. Upon request of the
Credit Union, the trustee shall sign a Membership Application/Update
for Account Held by Living Trust and provide any other evidence of
the trustee's authority the Credit Union requires. Trustee warrants
that a valid living trust has been created, is currently existing,
and that the trustee is eligible for membership in the Credit Union.
The Credit Union does not act as a trustee and is under no
obligation to inquire as to the powers or duties of the trustee(s).
Trustee agrees to notify the Credit Union in writing if a change of
trustee occurs. The Credit Union may withhold payment of funds to
any party until proper evidence of authority is provided. The Credit
Union may rely upon the directions of any one trustee until a
written notice of revocation of the living trust is received. Funds
may be released to any one trustee acting alone or with a
co-trustee. The trustee(s) agrees to indemnify and hold the Credit
Union harmless of any liability, claim, damage or loss arising as a
result of unauthorized acts of any trustee or former trustee or acts
of any trustee upon which the Credit Union relies prior to notice of
revocation of the trust. This Agreement shall be binding on the
trust, any trustee, successor trustee and beneficiaries.
8.
Accounts of Associations and Organizations
Accounts held in the
name of an association or organizational member are subject to the
same terms set forth in this Agreement and the following additional
rules. The Credit Union reserves the right to require the member to
provide an Association Resolution form informing the Credit Union
who is authorized to act on its behalf. You agree to notify the
Credit Union of any change in authority. The Credit Union may rely
on the written authorization until such time as the Credit Union is
informed of changes in writing and has had a reasonable time to act
upon such notice. The Credit Union shall have no notice of any
breach of fiduciary duties arising from a transaction by any agent
of the account owner, unless the Credit Union has actual written
notice of any wrongdoing.
9. Deposit Requirements
Funds may be
deposited to any account in any manner approved by the Credit Union
in accordance with the requirements set forth on the Deposit Rate
Sheet/Fee Schedule. All accounts are nonassignable and nonnegotiable
to third parties. Time Deposit accounts are governed by the terms of
this Agreement and the terms and disclosures on your Time Deposit
Receipt for each account, which is incorporated herein by this
reference. Individual Retirement Accounts are governed by the terms
of the Agreement and by a separate IRA account agreement and
disclosure statement included with your IRA application, which are
incorporated herein by this reference.
a. Endorsements. You authorize the Credit Union, in its
discretion, to accept transfers, checks, drafts, and other items for
deposit into any of your accounts, whether or not they are endorsed
by all payees. You authorize the Credit Union to supply missing
endorsements if the Credit Union chooses to supply such
endorsements. The Credit Union reserves the right to refuse to
accept third party checks or to verify all endorsements on third
party checks presented. If an insurance, government, and certain
other checks or drafts require an endorsement as set forth on the
back of the check, the Credit Union may require endorsement as set
forth on the check. Endorsements must be placed in the space on the
back of the check between the top edge and 1 1/2 (one and one half)
inches from the top edge. The Credit Union may accept drafts or
checks with endorsements outside this space. However, if any such
endorsement or other markings you or any prior endorser make on the
check cause any delay or error in processing the item for payment,
you will be responsible for any loss incurred by the Credit Union
due to the delay or error.
b. Collection of Items. The Credit Union shall not be
responsible for deposits made by mail or at an unstaffed facility
until the Credit Union actually receives them. In handling items for
deposit or collection, the Credit Union only acts as your agent and
assumes no responsibility beyond the exercise of ordinary care. The
Credit Union will not be liable for default or negligence of any
correspondent or for loss in transit, and each correspondent will
only be liable for its own negligence. The Credit Union reserves the
right to send any item for collection. We normally credit your
account after we receive payment of collection items, but if we do
credit your account and then do not receive payment, we will charge
your account. For our collection fees, refer to the Deposit Rate
Sheet/Fee Schedule.
c. Final Payment. All items or Automated Clearing House
("ACH") transfers credited to your account are provisional and
subject to our receipt of final payment. If final payment is not
received, we reserve the right to charge your account for the amount
of those items or ACH transfers and impose a return charge on your
account. After we have received final payment, we refer to these
deposits as collected items. If the Credit Union incurs any fee to
collect any item, the Credit Union may charge such fee to your
account. The Credit Union reserves the right to refuse or to return
all or any item or funds transfer. The Credit Union shall have the
right to charge back against your account all previously deposited
items or other items endorsed by you that are returned to the Credit
Union unpaid, regardless of whether the amount of the item has been
available for your use.
d. Direct Deposits. The Credit Union may offer direct deposit
options allowing you to preauthorize deposits (i.e., payroll checks,
Social Security or retirement checks, or other government checks) or
preauthorize transfers from other accounts at the Credit Union. You
must authorize any direct deposits to your accounts by a separate
authorization form. If applicable, you must notify the Credit Union
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. Upon a filing of bankruptcy, if
you fail to cancel any direct deposit authorization, you instruct
your employer and the Credit Union to make and apply direct deposits
in accordance with your authorization on file with the Credit Union.
If the Credit Union is required to reimburse the U.S. Government for
any benefit payment directly deposited into your account for any
reason, you agree the Credit Union may deduct the amount returned
from any of your accounts, unless prohibited by law.
e. Crediting of Deposits. Deposits made on Saturdays,
Sundays, and Credit Union holidays will be credited to your account
on the next business day. Ask for our current deposit cutoff time.
Deposits received at unstaffed facilities, such as night
depositories, will be credited on the day funds are removed and
processed by the Credit Union. Items drawn from an institution
located outside the United States are handled on a collection basis
only. Amounts, less any associated collection costs, will be
credited to your account when we receive final payment. You waive
any notice of nonpayment, dishonor, or protest regarding any items
credited to or charged against your account.
f. Transactions by Mail. Except as otherwise provided in this
Agreement, the Credit Union may permit you to make deposits,
transfers, and withdrawal requests by mail. You must provide
specific information instructing us how to apply the payment or
process the withdrawal or transfer from your account(s) and or
loan(s). Such transactions will be posted to your account as of the
day the transaction is processed at the Credit Union. If you make a
deposit or payment, which is not accompanied by instructions how or
where it is to be credited, we may apply it to any loan or deposit
account you maintain with us, at our discretion.
10.
Account Access
a. Authorized
Signature. We require your authorized signature on your
Application before we will honor transactions on your account(s).
The Credit Union is authorized to recognize your signature, but will
not be liable for refusing to honor any item or instruction of yours
if it believes in good faith that the signature on such item or
instruction is not genuine. If you have authorized the use of a
facsimile signature, the Credit Union may honor any transaction that
appears to bear your facsimile signature even if it was made by an
unauthorized person. If you give your member/account number to a
third person, you authorize us to honor transactions initiated by
the third person even if you did not specifically authorize a
particular transaction. The Credit Union may refuse to accept any
item for deposit.
b. Access Options. You may make withdrawals or transfers from
your account in any manner which is permitted by the Credit Union
(i.e., check, automated teller machines (ATMs), debit card, in
person, electronically, or by mail, wire transfer, automatic
transfer, or telephone). If the Credit Union accepts any check that
is not drawn on a check form provided by or through the Credit
Union, you will be responsible for any loss incurred by the Credit
Union for handling the check. The Credit Union may return as unpaid
any check that is not drawn on the check form provided by the Credit
Union.
c. ACH & Wire Transfers. If offered, you may initiate or
receive credits or debits to your account via wire transfer or ACH
("Automated Clearing House") transfer. You agree that if you receive
funds by a wire or ACH transfer, the Credit Union is not required to
notify you at the time the funds are received. Instead, the transfer
will be shown on your periodic statement. The Credit Union may
provisionally credit your account for an ACH transfer before it
receives final settlement for the transfer. You agree that if the
Credit Union does not receive final settlement for a transfer, it
may reverse the provisional credit to your account, or you will
refund the amount to the Credit Union. The Credit Union may require
that wire transfers be authorized in writing. When you initiate a
wire transfer, you may identify either the recipient or any
financial institution by name and by account or identifying number.
The Credit Union (and other institutions) may rely on the account or
other identifying number you give as the proper identification
number, even if it identifies a different party or institution. The
Credit Union reserves the right to confirm or verify information on
all wire requests prior to sending the wire. Once the Credit Union
has sent an outgoing wire, the transfer is final and cannot be
stopped. If you provide incomplete or inaccurate transfer
instructions, written or oral, the Credit Union will not be
responsible for any resulting wire transfer losses, delays or failed
transactions. You understand international wire transfers may not be
completed for up to four weeks or longer. Wire transfers are
governed by Federal Reserve Regulation J if the transfer is cleared
through the Federal Reserve. ACH transactions are governed by the
rules of the National Automated Clearing House Association.
d. Credit Union Examination. The Credit Union may disregard
information on any check other than the signature of the drawer and
amount of the item and any magnetic encoded information. You agree
the Credit Union does not fail to exercise ordinary care in paying
an item solely because its procedures do not provide for sight
examination of items.
11. Account Rates and Fees
The Credit Union's
payment of earnings on any account is subject to the account rates
and fees, payment and balance requirements as set forth on the
Deposit Rate Sheet/Fee Schedule. You agree the Credit Union may
impose fees and charges for the deposit account services provided by
the Credit Union. A current Deposit Rate Sheet/Fee Schedule has been
provided to you separately. You agree the Credit Union may change
the Deposit Rate Sheet/Fee Schedule from time to time and you will
be notified of such changes as required by law.
12. Transaction Limitations
a. Withdrawal
Restrictions. The Credit Union will permit a withdrawal only if
you have sufficient available funds in your account to cover the
full amount of the withdrawal or have an established overdraft
protection plan. Checks or other transfer or payment orders which
are drawn against insufficient available funds will be subject to a
service charge, set forth in the Rate and Fee Schedule. If there are
sufficient available funds to cover some but not all of your
withdrawal orders, the Credit Union may allow those withdrawals for
which there are sufficient available funds in any order at the
Credit Union's discretion.
The Credit Union may also refuse to allow a withdrawal in other
cases; for example: any dispute between the owners about the account
(unless a court has ordered the Credit Union to allow the
withdrawal); a legal garnishment or attachment is served; the
account secures an obligation to the Credit Union; any required
documentation has not been presented; or you fail to repay a Credit
Union loan on time. The Credit Union reserves the right to require
members to give notice in writing of any intended withdrawals from
any account (except checks) of not less than 7 days and up to 60
days, as required by law, before such withdrawal.
b. Transfer Limitations. For Savings accounts, Market Rate
Savings account and Teachers Deposit Fund accounts, you may make up
to six (6) pre-authorized, automatic, overdraft, Online Banking,
telephonic or audio response transfers to another account of yours
or to a third party during any calendar month. Of these six, you may
make no more than three (3) transfers to a third party by check or
debit card purchase. 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). In addition,
there is no limit on the number of transfers you may make 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.
The limit of six (6)
transfers per month applies to the following types of transactions:
Automatic overdraft
transfers from Savings to a Checking Account.
Telephone requests, including Telephone Teller, to transfer funds
from Savings to other accounts.
Transfer requests, made
through Online Banking, to transfer funds from Savings to other
accounts.
Pre-authorized
arrangements to transfer funds from Savings to a third party, such
as your automobile insurance company or health club, and other
electronic transfer.
c. Transaction
Limitations. The Credit Union reserves the right to limit the
volume of checks or cash deposited and/or the number of deposits per
day. If the transactions on your account exceed the volume or amount
considered normal for consumer activity, the Credit Union may impose
an excess transaction fee, limit your account activity or close your
account.
In order to reduce
Credit Union reserve requirements, Checking account balances are
reported as two subaccounts, a checking and savings subaccount. For
reporting purposes only, the Credit Union may make up to 6 transfers
per month between the savings and checking subaccounts. This
reporting structure does not affect the balance, interest earnings,
statement activity or NCUA insurance applicable to your Checking
account.
13.
Overdrafts
a. Overdraft
Liability. If on any day, the available funds in your checking
account are not sufficient to cover checks and other items posted to
your account, those checks and items will be handled in accordance
with our overdraft procedures or an overdraft protection plan you
have with us. The Credit Union's determination of an insufficient
account balance may be made at any time between presentation and the
Credit Union's midnight deadline with only one review of the account
required. The Credit Union has no duty to notify you of an
insufficient funds check. Your account will then be subject to a
charge for the item whether paid or returned as set forth in the
Deposit Rate Sheet/Fee Schedule. Except as otherwise agreed in
writing, the Credit Union, by covering one or any overdraft, does
not agree to cover overdrafts in the future and may discontinue
covering overdrafts at any time. If the Credit Union pays a check
that would otherwise overdraw your account, you agree to pay the
overdraft amount immediately. We reserve the right to pursue
collection of previously dishonored items at any time, including
giving a payor bank extra time beyond any midnight deadline limits.
b. Overdraft Protection Plan. If we approve your request for
overdraft protection, we will provide an overdraft protection plan
for you. We will honor checks and other items drawn on insufficient
funds on your checking account by transferring the funds to your
checking account. We will transfer funds to your overdrawn account
from another account of yours or an established Personal or Home
Equity Line of Credit Overdraft Protection Agreement as you direct.
The fee for overdraft transfers is set forth on the Deposit Rate
Sheet/Fee Schedule. Transfers from a deposit account will be
governed by this Agreement. Transfers from a loan account will be
governed by the applicable loan agreement.
c. How Overdrafts/NSFs Can Affect You. It is unlawful to
write a check or withdraw funds when you know that your account
balance (including an approved Overdraft Protection Agreement with
us) is not sufficient to cover the transaction(s). If your
withdrawals exceed the available funds in your account, checks or
transactions may be returned unpaid. You may incur charges from the
merchant as well as the Credit Union. In addition your credit rating
can be adversely affected, and many merchants are unwilling to
accept checks from customers who have a history of overdrafts. Upon
notification of a negative balance, if you do not pay the balance
within a reasonable period of time, we may close your account and
report the account to a consumer reporting agency.
14. Postdated and Stale Dated
Items
You authorize us to
accept and pay any check, even if the check is postdated (presented
for payment before its date), or stale dated (presented for payment
more than six months after its date). You also agree not to deposit
checks, drafts, or other items before they are properly payable. The
Credit Union is under no obligation to you to pay any check that is
presented more than six months after its date. If you don't want us
to pay a postdated or stale dated check, you must notify us of the
check and place a stop payment order on it. (See the Stop Payment
Orders section.)
15. Stop Payment Orders
a. Stop Payment
Request. You may ask the Credit Union to stop payment on any
check drawn upon your checking account. You may request a stop
payment by telephone, by mail, or in person. The stop payment will
be effective if the Credit Union receives the order in time for the
Credit Union to act upon the order and you state the member/account
number, date and check number and its exact amount. If you give the
Credit Union incorrect or incomplete information, the Credit Union
will not be responsible for failing to stop payment on the item. If
the stop payment order is not received in time for the Credit Union
to act upon the order the Credit Union will not be liable to you or
to any other party for payment of the item. If we re-credit your
account after paying a check over a valid and timely stop payment
order, you agree to sign a statement describing the dispute with the
payee, to transfer all of your rights against the payee or other
holders of the check to the Credit Union, and to assist the Credit
Union in legal action taken against the person.
b. Duration of Order. If you make an oral stop payment order,
we reserve the right to require your written confirmation within
fourteen (14) days. A stop payment order will be effective for
twelve (12) months. A stop payment order may be renewed orally or
in writing. The Credit Union is not obligated to notify you when a
stop payment order expires.
c. Liability. The Credit Union may charge a fee for each stop
payment order requested, as set forth on the Deposit Rate Sheet/Fee
Schedule. You may not stop payment on any certified check, cashier's
check or teller's check, or any other check or payment guaranteed by
the Credit Union. You should be aware that while payment of the item
may be stopped, you may remain liable to any person, including the
Credit Union, who is a holder of the item despite the stop payment
order. You agree to indemnify and hold the Credit Union harmless
from all costs, including attorney fees, damages or claims related
to the Credit Union's action in refusing payment of an item,
including claims of any multiple party account owner, payee, or
endorsee in failing to stop payment of an item as a result of
incorrect information provided by you.
16. Lost Items
The Credit Union, in
receiving items from you for withdrawal or deposit, acts only as
your agent and reserves the right to reverse the credit for any
deposited items or to charge your account for the items should they
become lost in the collection process.
17. Credit Union's Liability for
Errors
If the Credit Union
does not properly complete a transaction according to this
Agreement, the Credit Union will be liable for your losses or
damages not to exceed the amount of the transaction, except as
otherwise provided by law. The Credit Union will not be liable if:
(a) through no fault of the Credit Union, your account does not
contain enough money to make the transaction; (b) circumstances
beyond the Credit Union's control prevent the transaction; (c) your
loss is caused by your negligence or the negligence of another
financial institution; or (d) the money in your account is subject
to legal process or other claim. The Credit Union will not be liable
for consequential damages except liability for wrongful dishonor.
The Credit Union's 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 serviced by the Credit Union. You grant the Credit Union the
right, in making payments of deposited funds, to rely exclusively on
the type and ownership of the account and the terms of this
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 any other applicable written
agreement.
18. Credit
Union Lien and Security Interest
To the extent you owe
the Credit Union money as a borrower, guarantor, endorser or
otherwise, the Credit Union has a lien on any or all of the funds in
any account in which you have an ownership interest at the Credit
Union, regardless of the source of the funds. The Credit Union may
apply these funds in any order to pay off your indebtedness. If the
Credit Union chooses not to enforce its lien, the Credit Union does
not waive its right to enforce the lien at a later time. In
addition, you grant the Credit Union a consensual security interest
in your accounts and agree the Credit Union may use the funds from
your accounts to pay any debt or amount owed the Credit Union,
except obligations secured by your dwelling, unless prohibited by
applicable law. All accounts are non-assignable and nontransferable
to third parties.
19. Legal Process
If any legal action,
such as a levy, garnishment, or attachment, is brought against your
account, the Credit Union may refuse to pay out any money from your
account until the dispute is resolved. If the Credit Union incurs
any expenses or attorney fees in responding to legal process, such
expenses may be charged against your account without prior notice to
you, unless prohibited by law. Any legal process against your
account is subject to the Credit Union's lien and security interest.
20. Account Information
Upon your request,
the Credit Union will inform you of the name and address of each
credit reporting agency from which the Credit Union obtains a credit
report in connection with your account. The Credit Union agrees not
to disclose information to third parties about your account
regarding any transaction or balances except as provided in our
Privacy Policy and in accordance with applicable law.
You authorize us to disclose information about your account to
credit reporting agencies and to other persons or agencies who, in
our judgment, have a legitimate purpose for obtaining information.
You authorize us to disclose information about your account to an
account verification service and/or credit reporting agency if we
close your account due to unsatisfactory handling, fraud, attempted
fraud, or criminal activity.
You agree we may exchange credit report information with others
regarding any update or renewal of or additional accounts and
services we may offer or extend in the future, or for any other
legitimate business purpose. You agree we may share your account
information and any information you provide to us with any Credit
Union affiliate and others for the purpose of considering your
eligibility for their products and services, including financial,
insurance, and investment products.
21. Notices
a. Name or Address
Changes. It is your responsibility to notify the Credit Union
upon a change of address or change of name. The Credit Union is only
required to attempt to communicate with you at the most recent
address you have provided us. Notice of change of address may be
given by writing the Credit Union, calling Member Services, or by
providing notice in person to a Credit Union employee. If you do not
notify us of your current address and we attempt to locate you, we
may impose a service fee as set forth on the Deposit Rate Sheet/Fee
Schedule. The Credit Union may accept a Notice of Address Change
from the U.S. Postal Service as your most recent address for sending
statements and notices to you.
b. Notice of Amendments. Except as otherwise prohibited by
applicable law, the terms of this Agreement are subject to change at
any time. The Credit Union will notify you of any changes in account
terms, rates, or fees as required by law. You may make changes in
account ownership, such as adding or removing a joint account owner,
and you acknowledge that the Credit Union may require a new
Membership Application/Update to be completed before any change in
ownership becomes effective. However, the removal of any joint owner
will not be effective without the joint owners' authorized
termination. The Credit Union reserves the right to waive any term
in this Agreement. Any such waiver shall not affect the Credit
Union's right to enforce any right in the future.
c. Effect of Notice. Any written notice you give to the
Credit Union is effective when it is actually received by the Credit
Union. Any written notice the Credit Union gives to you is effective
when it is deposited in the U.S. Mail, postage prepaid and addressed
to you at your statement mailing address. Notice to any one account
owner is considered notice to all owners of the account.
22. Taxpayer Identification
Numbers and Backup Withholding
If your account is or
becomes subject to backup withholding, the Credit Union is required
by law to withhold and pay to the Internal Revenue Service (IRS) a
required percentage of payments of interest and certain other
payments under certain conditions. Your failure to furnish a correct
taxpayer identification number (TIN) or meet other applicable
requirements may result in backup withholding as well as civil or
criminal penalties. The Credit Union may suspend the opening of your
account until an accurate TIN is provided.
23. Statements
a. Contents.
You will receive a periodic statement of all transactions and
activity on your account during each statement period. You agree
that only one statement is necessary for a multiple party account.
For checking accounts, you understand that when paid, your original
check becomes property of the Credit Union and may not be returned
to you. Copies will be retained by the Credit Union, and made
available upon your request for a fee as set out in the Deposit Rate
Sheet/Fee Schedule. You understand statements and checks are
considered to have been made available to you on the date the
statement is mailed or the information is otherwise made available
to you. Statements will be mailed to the last address you have
provided to us or as we have otherwise agreed.
b. Examination. You are responsible for examining each
statement and canceled checks and reporting any irregularities to
the Credit Union. The Credit Union will not be responsible for any
forged or altered item or unauthorized endorsement on any item drawn
on your account if (1) you did not exercise reasonable care in
promptly examining the statement and canceled checks to discover any
irregularities; (2) you fail to notify the Credit Union within
thirty (30) calendar days of the mailing date of the earliest
statement and availability of checks containing any forgery,
alteration, or unauthorized signature on the front or back of an
item; or (3) any items are forged or altered in a manner not
detectable by a reasonable person, including the unauthorized use of
facsimile signature machine or stamp.
c. Notification of Errors. You agree that the Credit Union's
retention of checks does not alter or waive your responsibility to
examine your statements and check copies or the time limit for
notifying the Credit Union of any errors. The statement will be
considered correct for all purposes, and the Credit Union will not
be liable for any payment made or charged to your account unless you
notify the Credit Union in writing within the above time limit after
the statement and checks are made available to you.
24. Inactive and Abandoned
Accounts
IF YOU HAVE AN
ACCOUNT THAT YOU HAVE NOT MADE A WITHDRAWAL FROM, DEPOSIT TO, OR
TRANSFER INVOLVING YOUR ACCOUNT FOR MORE THAT ONE (1) YEAR, OR THE
CREDIT UNION HAS BEEN UNABLE TO CONTACT YOU OR DELIVER A STATEMENT
TO YOU BY REGULAR MAIL, THE CREDIT UNION MAY CLASSIFY YOUR ACCOUNT
AS AN INACTIVE ACCOUNT AND MAY CHARGE A SERVICE FEE AS ALLOWED BY
APPLICABLE LAW AND SET FORTH ON THE DEPOSIT RATE SHEET/FEE SCHEDULE.
THE CREDIT UNION WILL NOTIFY YOU AT YOUR LAST KNOWN ADDRESS PRIOR TO
IMPOSING ANY FEE AS REQUIRED BY LAW. If a deposit or withdrawal has
not been made on the account and the Credit Union has had no other
contact with you for five (5) years or as required by the Uniform
Unclaimed Property Act, the account will be presumed to be
abandoned. Funds in abandoned accounts will be remitted in
accordance with state law. Once funds have been turned over to the
state, the Credit Union has no further liability to you for such
funds and if you choose to reclaim such funds, you must apply to the
appropriate state agency.
25. Death
of Account Owner
The Credit Union may
require the survivor or other claimant to the account to produce
certain documents before releasing the funds in the account. The
Credit Union may continue to honor all transfers, withdrawals,
deposits and other transactions on the account until the Credit
Union learns of an account owner's death. Once the Credit Union
learns of a member's death, the Credit Union may pay checks or honor
other payments or transfer orders authorized by the deceased member
for a period of ten (10) days unless the Credit Union receives
instructions from any person authorized to claim an interest in the
account to stop payment on the checks or other items. You agree that
the Credit Union can require that anyone who claims funds in your
account after your death to indemnify the Credit Union for any
losses resulting from honoring that claim.
26. Termination of Account
The Credit Union may
terminate your account at any time without notice to you or may
require you to close your account and apply for a new account if (1)
there is a change in owners or authorized signers; (2) there has
been a forgery or fraud reported or committed involving your
account; (3) there is a dispute as to the ownership of the funds in
the account; (4) any account checks are lost or stolen; (5) there
are excessive returned unpaid items not covered by an overdraft
protection plan; or (6) there has been any misrepresentation or any
other abuse of any of your accounts. You may terminate your account
at any time by notifying the Credit Union in writing. The Credit
Union is not responsible for payment of any check, withdrawal, or
other item once your account is terminated; however, if the Credit
Union honors a transaction after termination, you agree to reimburse
the Credit Union for payment.
27.
Termination of Membership
You may terminate
your membership at the Credit Union after giving written notice of
your intent to withdraw from membership. We may suspend all of your
account access and services and expel you from membership for any
reason allowed by applicable law, including failure to comply with
our bylaws; causing a loss to the membership; causing willful
destruction or damage to Credit Union property or acting without
civility in dealings with Credit Union members, officers and
employees.
28. Special Account Instructions
You may request the
Credit Union to facilitate certain trust, will, or court-ordered
account arrangements. However, because the Credit Union does not
give legal advice, we cannot counsel you as to which account
arrangement most appropriately meets the specific requirements of
your trust, will, or court order. If you ask us to follow
instructions that we believe might expose us to claims, suits, or
any liability, whether directly or indirectly, we may refuse to
follow your instructions or may require a bond or other protection.
We may ask for your promise to defend the Credit Union against any
claims and pay all legal fees and costs associated with the defense.
In the event the Credit Union brings legal action to enforce this
Agreement, the prevailing party shall be entitled, subject to
applicable law, to payment by the other party of its reasonable
attorney's fees and costs, including fees on any appeal. Any item
presented with a full payment legend must be presented in person to
a Credit Union officer; otherwise, payment is accepted with full
reservation of rights. Account changes requested by you, or any
account owner, such as adding or closing an account or service, must
be evidenced by a signed Application and accepted by the Credit
Union. The Credit Union will not recognize the authority of someone
to whom you have given power of attorney without written
authorization and a copy of the Power of Attorney on record at the
Credit Union.
You understand that
the Credit Union may choose to retain electronic or imaged copies of
any original documents, and you agree that an electronic or imaged
copy is valid as an original.
29. Severability
In the event that any
paragraph of this Agreement or any portion thereof is held by a
court to be invalid or unenforceable for any reason, the other
paragraphs and portions of this Agreement shall not be invalid or
unenforceable and will continue in full force and effect.
30. Enforcement
You agree to be
liable to the Credit Union for any liability, loss, or expense as
provided in this Agreement that the Credit Union incurs as a result
of any dispute involving your accounts or services. You authorize
the Credit Union to deduct any such liability, loss, or expense from
your account without prior notice to you. In the event either party
brings a legal action to enforce the Agreement or collect any
overdrawn funds on accounts accessed under this Agreement, the
prevailing party shall be entitled, subject to applicable law, to
payment by the other party of its reasonable attorney's fees and
costs, including fees on any appeal, bankruptcy proceedings, and any
post-judgment collection actions, if applicable.
31. Governing Law
This Agreement is
governed by the Bylaws of the Credit Union, federal laws and
regulations, the laws and regulations of the State of West Virginia and
local clearinghouse rules, as amended from time to time. Any
disputes regarding this Agreement shall be subject to the
jurisdiction of the court of the county in which the Credit Union
administrative offices are located.
Electronic
Funds Transfers
The following
disclosures set forth your and our additional rights and
responsibilities concerning electronic funds transfers. Terms and
conditions set forth elsewhere in this Agreement shall also apply to
your electronic funds transfer service. Electronic funds transfers
("EFTs") are electronically initiated transfers of money through
preauthorized deposits and payments, MasterMoney Check Card,
automated teller machines ("ATMs"), point of sale (POS), telephone
services provided by Member Service staff, audio response
("Telephone Teller"), and Online Banking transactions involving your
deposit accounts at the Credit Union.
1. Services
a. MasterMoney
Check Card. If we approve your Application for a MasterMoney
Check (debit) Card, you may use your card to purchase goods and
services any place your MasterMoney Check Card is honored by
participating merchants. Funds to cover your MasterMoney Check Card
purchases will be deducted from your checking account. If the
balance in your account is not sufficient to pay the transaction
amount, the Credit Union may terminate all services under this
Agreement, unless you have an approved Overdraft Protection
Agreement with us. You do not have the right to stop payment on
MasterMoney Check Card transactions other than preauthorized
transfers under Section 10, which follows.
b. Point of Sale (POS). You may use your ATM Cash Card or
MasterMoney Check Card together with your Personal Identification
Number ("PIN") to pay for purchases from merchants who have agreed
to accept the card at such POS terminals as the Credit Union may
designate. POS transactions will be withdrawn from your checking
account.
c. ATMs. You may use your ATM Cash Card or MasterMoney Check
Card together with your PIN in automated teller machines within the
Exchange/ACCEL Network, CO-OP/Star Network or the CIRRUS Network and
such other machines or facilities as the Credit Union may designate.
At the present time, you may use your card to:
- Make deposits to
your checking and savings accounts.
- Withdraw cash from
your checking and savings accounts.
- Access an
established Line of Credit. (Any advances accessed by this card
are governed by your Loan Account Agreement.)
- Purchase travelers
cheques at American Express travelers cheque machines.
- Make balance
inquiries on your checking, savings, and Personal Line of Credit
balances.
d. Preauthorized
Electronic Funds Transfers and Direct Deposits. Preauthorized
electronic funds transfers may be made into or from your Credit
Union accounts. These may include preauthorized electronic funds
transfers made to an account from a third party (such as Social
Security or your employer) or from an account to a third party (such
as a mortgage, insurance premium payment or a converted check). If
electronic funds transfers are made into or from your account, those
payments may be affected by a change in your account status or if
you transfer or close your account.
e. Telephone Teller. If approved for Telephone Teller
service, you may choose an account Access Code. You must use your
Access Code along with your member/account number to access your
accounts. At the present time you may use the Telephone Teller
service to:
- Obtain balance
information from your deposit and loan accounts.
- Obtain the
transaction history on your checking, savings, Market Rate
Savings, Teachers Deposit Fund, IRA Savings Account and loan
accounts.
- Verify certain
account information, including if a particular check has cleared
your account, the date of your last deposit or loan payment, and
loan payoff amounts.
- Transfer funds
between your savings, checking and loan accounts.
- Transfer funds to
accounts of other members (advance written authorization
required).
- Request a
withdrawal from your savings, checking, Market Rate Savings, or
Teachers Deposit Fund or an advance from your line of credit
account by check mailed to you at your mailing address.
- Verify the total
interest you earned on your deposit accounts, and the interest you
paid on your consumer loan and Home Equity loan accounts during
the prior calendar year.
Telephone Teller
transaction amounts are limited to your available funds up to a
maximum of $20,000.
f. Online Banking Services. Upon approval, you may use your
personal computer to access your accounts. You must use your Access
Code along with your member/account number to access your accounts.
You will need a personal computer or access to the Internet (World
Wide Web). You are responsible for the installation, maintenance and
operation of your computer. The Credit Union will not be responsible
for any errors or failures involving any telephone service or your
computer. At present time, you may use Online Banking Service to:
- Review account
balance and transaction history for your deposit and loan
accounts.
- Review information
on your loan account including payoff amounts, due dates, and
balance information.
- Transfer funds
between your savings, checking and loan accounts.
- Transfer funds to
accounts of other members (advance written authorization
required).
- Make bill payments
from your checking account.
- Communicate with
the Credit Union using the electronic mail (email) feature.
Transactions
involving your deposit accounts will be subject to the terms of your
Membership and Account Agreement and transactions involving a line
of credit or loan account will be subject to your Loan Agreement and
Disclosures, as applicable.
g. Member Services. 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 will monitor calls randomly.
2.
Service Limitations
a. ATM Machines.
1. Cash withdrawals from ATMs can be made as often as you like. You
may withdraw up to $503 per day using your ATM Cash Card or
MasterMoney Check Card, subject to sufficient funds in your account.
2. Deposits. ATM deposits are generally credited on the day of
deposit. In the event that network or systems access is interrupted,
there may be a delay between the time a deposit (either cash or
check) is made and when it will be available for withdrawal. (See
our Funds Availability Policy.) Deposits in excess of $10,000, may
not be accepted at ATMs not owned or operated by the Credit Union.
b. Audio Teller. Your accounts can be accessed under
Audio Teller service via a touch-tone telephone only. Not all
push-button phones are touch-tone. Converters may be purchased for
pulse and rotary dial phones. Telephone Teller service will be
available for your convenience seven (7) days per week. This service
may be interrupted for a short time each day for data processing.
While there is no limit to the number of inquiries, transfers, or
withdrawal requests you may make in any one day, there are certain
limitations on transfers from Savings, Market Rate Savings, and
Teacher's Deposit Fund accounts. No transfer or withdrawal may
exceed the available funds in your account. Cashier's checks can be
made payable only to the primary account owner and will be processed
and mailed to your address on file. The Credit Union reserves the
right to refuse any transaction which would draw upon insufficient
funds, exceed a credit limit, lower an account below a required
balance, or otherwise require us to increase our required reserves
on the account.
c. Point of Sale (POS). Purchases made through point of sale
terminals are limited to $1000 per day using your ATM Cash Card or
MasterMoney Check Card, subject to sufficient funds in your account.
d. MasterMoney Check (debit) Card. MasterMoney purchases are
limited to the balance available in your account up to a maximum of
$3000 per business day. You are solely responsible for any disputes
you may have with merchandise or services received using the
MasterMoney Check Card. We are not responsible for any damages,
liability, or settlement resolution as a result of the
misrepresentation of quality, price, or warranty of goods or
services by a merchant. You may not use the card for any illegal or
unlawful transaction, and we may decline to authorize any
transaction that we believe poses an undue risk of illegality or
unlawfulness.
We deduct the amount of your transaction, including any charges
imposed by the merchant or financial institution, from the deposit
account you've designated for this service. We may debit or place a
hold on your account for a transaction either on the day it is
presented to us for payment, by electronic or other means, or on the
day we receive notice of the transaction — whichever is earlier —
even though the transaction may not be actually posted to your
account until a later date. When you use your MasterMoney Check
(Debit) Card for a MasterMoney transaction, if the merchant requests
preauthorization for this transaction, we will place a three (3)
business day hold on your account for the amount of the
preauthorization request (which may vary in some cases from the
mount of the actual purchase, depending on the merchant's request).
If on the business day the transaction posts to your account, the 3
business day hold has not expired, both the amount of the hold and
the amount of the transaction reduce the balance available in your
account.
You may not use the card for any illegal or unlawful transaction. We
may decline to authorize any transaction that we believe poses an
undue risk of illegality or unlawfulness, and we reserve the right
to revoke your card privileges.
You may not use the card for any illegal or unlawful transaction,
and we may revoke your card and/or decline to authorize any new
transaction that we believe poses an undue risk of illegality or
unlawfulness.
e. Online Banking. The following limitations to Online
Banking transactions may apply:
- Transfers.
You may make funds transfers to other accounts of yours as often
as you like. However, transfers from your Savings, Market Rate
Savings, or Teachers Deposit Fund accounts will be limited to a
total of six (6) in any one month. You may transfer or withdraw
up to the available balance in your account or up to the
available credit limit on a line of credit at the time of the
transfer, except as limited under this Agreement or your deposit
or loan agreements. The Credit Union reserves the right to
refuse any transaction that would draw upon insufficient or
unavailable funds, lower an account below a required balance, or
otherwise require us to increase our required reserve on the
account.
- Account
Information. The account balance and transaction history
information may be limited to recent account information
involving your accounts. Also, the availability of funds for
transfer or withdrawal may be limited due to the processing time
for any ATM deposit transactions and our Funds Availability
Policy.
- E-Mail.
The Credit Union may not immediately receive E-mail
communications that you send and the Credit Union will not take
action based on E-mail requests until the Credit Union actually
receives your message and has a reasonable opportunity to act.
We reserve the right to require any stop payment notices to be
put in writing and we may refuse to send certain information
through unsecure e-mail communications. If you need to contact
the Credit Union immediately regarding an unauthorized
transaction or stop payment request, you may call the Credit
Union at the telephone number set forth in Section 4.
- Bill
Payments. You may authorize new payment instructions or edit
previously authorized payment instructions for bill payments
that are either variable (i.e. payments on merchant charge
accounts that vary in amount) or fixed (i.e. fixed mortgage
payments). When you transmit a bill payment instruction to us,
you authorize us to transfer funds to make the bill payment
transaction from your checking account. We will process bill
payment transfer requests only to those creditors as you
authorize and for whom the Credit Union has the proper vendor
information. The Credit Union will not process any bill payment
transfer if we know the required transaction information is
incomplete. In any event, the Credit Union will not be liable
for any transaction that contains incorrect information that the
Credit Union was not responsible for entering or knowing. If
there are insufficient funds in your account to make the bill
payment, we may either refuse to make the payment or make the
payment and transfer funds from any overdraft protection account
you have established. If we refuse to make the payment, the
Credit Union's bill payment provider may temporarily suspend
your bill payment service. The Credit Union reserves the right
to refuse to process payment instructions that reasonably appear
to the Credit Union to be fraudulent or erroneous. The Credit
Union will initiate your bill payment transfer within one (1)
business day of the date you schedule for payment.
It is your responsibility to schedule your bill payments in such
a manner that your obligations will be paid on time. You should
enter and transmit your bill payment instructions at least ten
(10) days before a bill is due. You are responsible for any late
payments or finance charges that may be imposed as a result of
your failure to transmit a timely bill payment authorization.
You may cancel or stop payment on variable or fixed bill payment
instructions under certain circumstances. If you discover an
error in or want to change a payment instruction (i.e. payment
date or payment amount) for a variable or fixed payment that you
have already scheduled for transmission through the Online
Banking service, you may electronically edit or cancel your
payment request through the Online Banking service. Your
cancellation request must be entered and transmitted through the
Online Banking service before the date you have scheduled for
payment. If your request is not timely entered, you will be
responsible for the payment.
If you wish to place an oral stop payment on a fixed bill
payment transaction not using the Online Banking service, the
Credit Union must receive your oral stop payment request at
least three (3) business days before the payment is scheduled to
be made under Section 10. If your Online Banking or oral stop
payment request to the Credit Union is not timely, you may call
toll free at 1-800-825-4321 to request assistance in
intercepting the transmission prior to payment.
The Credit Union cannot stop or alter your payment instruction
once it is transmitted. The Credit Union shall not be
responsible for payment instructions or inquiries not provided
directly to the Credit Union.
3. Security of Access Code
The ATM-PIN and
Access Code (Access Code) are for your security purposes. Anyone to
whom you give your Access Code is thereby authorized to transfer
money from any of your accounts with the Credit Union. The Access
Code is confidential and should not be disclosed to third parties or
recorded on or with the card. You are responsible for safekeeping
your Access Code. You agree not to disclose or otherwise make your
Access Code numbers available to anyone not authorized to sign on
your accounts. If you authorize anyone to use your Access Code, that
authority shall continue until you specifically revoke such
authority by notifying the Credit Union. If the Credit Union suffers
a loss as a result of your failure to maintain the security of these
access codes, we may terminate your card, Telephone Teller and
Online banking privileges immediately.
4. Member Liability
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, Card
PIN or Access Code, you are responsible for any transactions they
authorize or conduct on any of your accounts.
However, tell us at
once if you believe anyone has used your account, Card, ATM-PIN or
Access Code and accessed your account without your authority.
Telephoning is the best way of keeping your possible losses down.
For MasterMoney Debit
Card purchase transactions, if you notify us of your lost or stolen
card, you will not be liable for any losses provided you were not
grossly negligent or fraudulent in handling your Card and you
provide us with a written statement regarding your unauthorized Card
claim, otherwise the following liability limits will apply. For all
other EFT transactions, if you tell us within two (2) business days
you can lose no more than $50 if someone accessed your account
without your permission. If you do not tell us within two (2)
business days after you learn of the loss of your ATM Cash Card or
unauthorized use of an EFT service, and we can prove that we could
have stopped someone from accessing your account without your
permission if you had told us, you could lose as much as $500. In no
event will you be liable for more than $50 for any unauthorized line
of credit transaction.
Also, if your
statement shows Electronic Funds Transfers that you did not make,
tell us at once. If you do not tell us within sixty (60) days of the
mailing date of your statement, you may be liable for the full
amount of the loss, if we can prove that we could have stopped
someone from making the transfers if you had told us in time. If a
good reason (such as a hospital stay) kept you from telling us, we
will extend the time periods.
If you believe your Card has been lost or stolen or that someone has
transferred or may transfer money from your account without your
permission, call:
(304) 558-4695
or write:
WV United Federal Credit Union
350 Capitol Street, Room 156
Charleston, West Virginia 25301
5. Business Days
Our business days are
Monday through Friday. Holidays are not included.
6. Fees and Charges
There are certain
charges for electronic funds transfer services as set forth on the
Deposit Rate Sheet/Fee Schedule. From time to time, the charges may
be changed. We will notify you of any changes as required by law. If
you request a transfer or check withdrawal from your line of credit
account, such transactions may be subject to finance charges and
fees under the terms and conditions of your Loan Account Agreement
or Overdraft Protection Personal Line of Credit Agreement.
If you use an ATM
that is not operated by us, you may be charged an ATM surcharge by
the ATM operator or an ATM network utilized for such a transaction.
The ATM surcharge will be debited from your account if you elect to
complete the transaction.
7. Right to Receive
Documentation of Transfers
a. Periodic
Statements. All EFT transactions will be recorded on your
periodic statement. You will receive a statement monthly.
b. Direct Deposits. If you have arranged to have a direct
deposit made to your account at least once every sixty (60) days
from the same source and you do not receive a receipt (such as a pay
stub), you can find out whether or not the deposit has been made by
calling Telephone Teller or Member Services.
c. Terminal Receipt. You will normally be furnished with a
receipt at the time you make any transfer to or from your account
using an ATM or a
purchase at a point of sale (POS) terminal.
8. Account Information
Disclosure
We may disclose
electronic funds transfer information to third parties about your
account or the transfers you make:
a. As necessary to complete transfers;
b. To verify the existence of sufficient funds to cover specific
transactions upon the request of an authorized party to the
transaction;
c. To comply with government agency or court orders;
d. If you give us your written permission.
9. Credit Union Liability for
Failure to Make Transactions
If we do not complete
a transfer to or from your consumer account on time or in the
correct amount according to our agreement with you, we will be
liable for your losses or damages. (A consumer account is defined as
an account belonging to a natural person and used primarily for
personal, family, or household purposes.) Our sole responsibility
for an error in a transfer will be to correct the error.
For Online Banking
services, you agree that neither we nor the service providers shall
be responsible for any loss, property damage or loss, whether caused
by the equipment, software, Credit Union, or by online browser
providers such as Netscape (Netscape Navigator browser) and
Microsoft (Microsoft Internet Explorer browser), or by Internet
access providers or by online service providers or by an agent or
subcontractor of any of the foregoing. Nor shall we or the service
providers be responsible for any direct, indirect, special or
consequential economic or other damages arising in any way out of
the installation, download, use, or maintenance of the equipment,
software, the Credit Union Online Banking services or Internet
browser or access software. In this regard, although we have taken
measures to provide security for communications from you to us via
the Credit Union Online Banking services and may have referred to
such services as "secured", we cannot and do not provide any
warranty or guarantee of such security. In states that do not allow
the exclusion or limitation of such damages, our liability is
limited to the extent permitted by applicable law.
Additionally, the
Credit Union will not be liable for the following:
a. If, through no fault of ours, you do not have enough money in
your account to complete a transaction, your account is closed, or
the transaction amount would exceed the credit limit on your line of
credit.
b. If you used the wrong PIN, Access Code, or member/account number,
or you have not properly followed any applicable computer, Internet,
or Credit Union instructions for performing the transaction.
c. If the terminal where you are making the transaction does not
have enough cash or was not working properly and you knew about the
problem when you started the transaction.
d. If your computer fails or malfunctions or the Online Banking
service was not properly working and such problem was or should have
been apparent when you attempted such transaction.
e. If, through no fault of ours, a bill payment or funds transfer
transaction does not reach a particular creditor and a fee, penalty,
or interest is assessed against you.
f. If circumstances beyond our control (such as fire, flood, postal
strikes, equipment or power failure) prevent the transaction.
g. If the money in your account is subject to legal process or other
claim, or if your account is frozen because of a delinquent loan,
overdrawn account, or suspected fraud.
h. If the error was caused by a system beyond the Credit Unions
control such as the ATM network, telecommunications system, or
Internet service provider.
i. If you have not given the Credit Union complete, correct, or
current information so the Credit Union can process a transaction.
j. If anyone refuses to honor your MasterMoney Check Card or ATM
Cash Card.
k. The ATM machine may retain your card in certain instances, in
which event you may contact the Credit Union about its replacement.
l. If there are other exceptions as established by the Credit Union.
10. Preauthorized Electronic
Funds Transfers
a. Stop Payment
Rights. If you have arranged in advance to make regular
electronic funds transfers out of your account(s) for money you owe
others, you may stop payment of preauthorized transfers (excluding
Online Banking Bill Payments) from your account. You must notify the
Credit Union orally or in writing at any time up to three (3)
business days 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.
b. Notice of Varying Amounts. If these payments may vary in
amount, the person you are going to pay is required to tell you ten
(10) days before each payment, when the payment will be made and how
much it will be. You may choose instead to get this notice only when
the payment would differ by more than a certain amount from the
previous payment or when the amount would fall outside certain
limits that you set.
c. Liability for Failure to Stop Payment of Preauthorized
Transfers. If you order us to stop one of these payments three
(3) business days or more before the transfer is scheduled, and we
do not do so, we will be liable for your losses or damages.
11. Termination of EFT Service
You agree that we may
terminate this Agreement and your use of your ATM Cash/MasterMoney
Check Card and EFT services, if you or any authorized user of your
ATM Cash/MasterMoney Check Card, PIN or Access Code breach this or
any other agreement with us or we have reason to believe that there
has been an unauthorized use of your card, PIN or Access Code.
You or any other
party to your account can terminate this Agreement by notifying us
in writing. Termination of service will be effective the first
business day following receipt of your written notice. Termination
of this Agreement will not affect the rights and responsibilities of
the parties under this Agreement for transactions initiated before
termination.
12. Notices
The Credit Union
reserves the right to change the terms and conditions upon which EFT
services are offered. The Credit Union will mail notice to you at
least thirty (30) days before the effective date of any EFT change,
as required by law. Use of this EFT service is subject to existing
regulations governing the Credit Union account and any future
changes to those regulations.
13. Billing Errors
In case of errors or
questions about your electronic transfers, telephone us at the phone
numbers or write us at the address set forth in Section 4 above as
soon as you can. We must hear from you no later than sixty (60) days
after we sent the first statement on which the problem appears.
a. Tell us your name and member/account number.
b. Describe the transfer you are unsure about, and explain as
clearly as you can why you believe it is an error or why you need
more information.
c. Tell us the dollar amount of the suspected error.
The following two
paragraphs apply only to consumer account (an account belonging to a
natural person and used primarily for personal, family, or household
purposes):
If you tell us
orally, we may require that you send us your complaint or question
in writing within ten (10) business days. We will tell you the
results of our investigation within ten (10) business days after we
hear from you and will correct any error promptly. For errors
related to transactions occurring within thirty (30) days after the
first deposit to the account (new accounts), we will tell you the
results of our investigation within twenty (20) business days. If we
need more time, however, we may take up to forty-five (45) days to
investigate your complaint or question (ninety (90) calendar days
for POS transaction errors, new account transaction errors, or
errors involving transactions initiated outside the United States).
If we decide to do this, we will re-credit your account within ten
(10) business days (5 business days for WV United Federal Credit Union
MasterMoney Check Card purchase transactions) for the amount you
think is in error, so that you will have the use of the money during
the time it takes us to complete our investigation. If we ask you to
put your complaint or question in writing and we do not receive it
within ten (10) business days, we may not re-credit your account.
If we decide after
our investigation that an error did not occur, we will deliver or
mail to you an explanation of our findings within three (3) business
days after the conclusion of our investigation. If you request, we
will provide you copies of documents (to the extent possible without
violating other members' rights to privacy) relied upon to conclude
that the error did not occur.
14. ATM Safety Notice
The following
information is a list of safety precautions regarding the use of
Automated Teller Machine (ATM) and Night Deposit Facilities.
- Be aware of your
surroundings, particularly at night.
- Consider having
someone accompany you when the ATM or night deposit facility is
used after dark.
- If another person
is uncomfortably close to you at the time of your transaction, ask
the person to step back before you complete your transaction.
- Refrain from
displaying your cash at the ATM or night deposit facility. As soon
as your transaction is completed, place your money in your purse
or wallet. Count the cash later in the safety of your car or home.
When depositing cash, have a supply of deposit envelopes at home
or the office. Prepare your deposit before going to the ATM or
night deposit facility, and conceal the deposit envelope in a
pocket or purse until you reach the ATM or night deposit facility
and begin your transaction.
- If you notice
anything suspicious at the ATM or night deposit facility, consider
using another ATM or night deposit facility or coming back later.
If you are in the middle of a transaction and you notice something
suspicious, cancel the transaction, take your ATM access device or
deposit envelope, and leave.
- If you are
followed after making a transaction, go to the nearest public area
where people are located.
- Do not write your
personal identification number or code on your ATM card. Do not
keep a record of your PIN any place where it might be available to
others.
- Report all crimes
to law enforcement officials immediately.
- Do not leave your
transaction receipt at the ATM. Protect your account information.
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