© CUNA Mutual Group All Rights Reserved 29357-e
ME
MEMBERSHIP AGREEMENT
AND DISCLOSURES
Membership and Account Agreement
Funds Availability Policy Disclosure
Electronic Fund Transfers Agreement & Disclosure
©CUNA Mutual Group 1993, 95, 96, 99, 2000, 03-07, 09, 10, 13 All Rights Reserved 03706615-D1000-C-1-050619 (D1000A)-e
MEMBERSHIP AND ACCOUNT AGREEMENT
This Agreement covers your rights and responsibilities concerning your accounts and the rights and responsibilities of the Credit Union providing
this Agreement (Credit Union). In this Agreement, the words “you,” “your,” and “yours” mean anyone who signs an Account Card, Account
Change Card, or any other account opening document (Account Card), or for whom membership and/or service requests are approved through
the Credit Union’s online application and authentication process. The words “we,” “us,” and “our” mean the Credit Union. The word “account”
means any one (1) or more share or other accounts you have with the Credit Union.
Your account type(s) and ownership features are designated by you on your Account Card or through the Credit Union’s online application and
authentication process. By signing an Account Card or authenticating your request, each of you, jointly and severally, agree to the terms and
conditions in this Agreement, and any Account Card, Funds Availability Policy Disclosure, Truth-in-Savings Disclosure, Electronic Fund
Transfers Agreement and Disclosure, Privacy Disclosure, or Account Receipt accompanying this Agreement, the Credit Union’s bylaws and
policies, and any amendments to these documents from time to time that collectively govern your membership and accounts.
1. MEMBERSHIP ELIGIBILITY To join the Credit Union, you must meet the membership requirements, including purchase and
maintenance of the minimum required share(s) (“membership share”) as set forth in the Credit Union’s bylaws. You authorize us to check your
account, credit and employment history, and obtain reports from third parties, including credit reporting agencies, to verify your eligibility for the
accounts and services you request.
2. INDIVIDUAL ACCOUNTS An individual account is an account owned by one (1) member (individual, corporation, partnership, trust, or
other organization) qualified for credit union membership. If the account owner dies, the interest passes, subject to applicable law, to the account
owner’s estate or Payable on Death (POD) beneficiary/payee or trust beneficiary, subject to other provisions of this Agreement governing our
protection for honoring transfer and withdrawal requests of an owner or owner’s agent prior to notice of an owner’s death, and to any security
interest or pledge granted by the account owner, and subject to our statutory lien rights.
3. JOINT ACCOUNTS A joint account is an account owned by two (2) or more persons.
a. Rights of Survivorship. Unless otherwise stated on the Account Card or documented through the Credit Union’s online application and
authentication process, a joint account includes rights of survivorship. This means that when one (1) owner dies, all sums in the account will
pass to the surviving owner(s). For a joint account without rights of survivorship, the deceased owner’s interest passes to his or her estate. A
surviving owner’s interest is subject to the Credit Union’s statutory lien for the deceased owner’s obligations and to any security interest or
pledge granted by a deceased owner, even if a surviving owner did not consent to it.
b. Control of Joint Accounts. Any owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions
and other account matters. Each owner guarantees the signature or authenticated request of any other owner(s). Any owner may withdraw or
transfer funds, pledge to us all or any part of the shares, or stop payment on items without the consent of the other owner(s). We have no duty to
notify any owner(s) about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an
account. If we receive written notice of a dispute between owners or inconsistent instructions from them, we may suspend or terminate the
account and require a court order or written consent from all owners in order to act.
c. Joint Account Owner Liability. If an item deposited in a joint account is returned unpaid, a joint account is overdrawn, or if we do not
receive final payment on a transaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid
amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to us, we may enforce
our rights against any account of the indebted owner, including all f
unds in the joint account, regardless of w
ho contributed the funds.
4. POD/TRUST ACCOUNT DESIGNATIONS — A Payable on Death (POD) account or trust account designation is an instruction to the Credit
Union that an individual or joint 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 all surviving POD or trust beneficiaries/payees. Upon the death of the last account owner, if there is more than one (1)
surviving beneficiary/payee, the account is owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust
beneficiary/payee designation shall not apply to Individual Retirement Accounts (IRAs). We are not obligated to notify any beneficiary/payee of
the existence of any account nor the vesting of the beneficiary/payee’s interest in any account, except as otherwise provided by law. This
paragraph does not apply to an account held on behalf of or in the name of a trust.
5. ACCOUNTS FOR MINORS — We may require any account established by a minor to be a joint account with an owner who has reached the
age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft, or unpaid charges or amounts
on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner,
the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction. We will
not change the account status when the minor reaches the age of majority unless the change is authorized in writing by all account owners.
6. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT — A Uniform Transfers/Gifts to Minors Account (UTMA/UGMA) is an individual
account created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the
custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor and,
barring a court order otherwise, is the only party authorized to make deposits, withdrawals, or close the account. We have no duty to inquire
about the use or purpose of any transaction. If the custodian dies, we may suspend the account until we receive instructions from any person
authorized by law to withdraw funds or a court order authorizing withdrawals.
7. AGENCY DESIGNATION ON AN ACCOUNT — An agency designation on an account is an instruction to us that the owner authorizes
another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in
the account(s) or credit union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.
8. DEPOSIT OF FUNDS REQUIREMENTS — Funds may be deposited to any account, in any manner approved by the Credit Union in
accordance with the requirements set forth in the Truth-in-Savings Disclosure. Deposits made by mail, at night depositories, or at unstaffed
facilities are not our responsibility until we receive them. We reserve the right to refuse or to return any deposit.
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a. Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to,
or to the order of, one (1) or more account owners even if they are not endorsed by all payees. You authorize us to supply missing
endorsements of any owners if we choose. If a check, draft, or item that is payable to two (2) or more persons is ambiguous as to whether it is
payable to either or both, we may process the check, draft, or item as though it is payable to either person. If an insurance, government, or other
check or draft requires an endorsement, we may require endorsement as set forth on the item. Endorsements must be made on the back of the
check or draft within 1½ inches of the top edge, although we may accept endorsements outside this space. However, any loss we incur from a
delay or processing error resulting from an irregular endorsement or other markings by you or any prior endorser will be your responsibility.
b. Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise
of ordinary care. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its
own negligence. We may send any item for collection. Items drawn on an institution located outside the United States are handled on a
collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to
your account. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor financial institution
extra time beyond any midnight deadline limits.
c. Restrictive Legends. Some checks and drafts contain restrictive legends or similar limitations on the front of the item. Examples of
restrictive legends include “two signatures required,” “void after 60 days,” and “not valid over $500.00.” We are not liable for payment of any
check or draft contrary to a restrictive legend or other limitation contained in or on the item unless we have specifically agreed in writing to the
restriction or limitation.
d. Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional until we receive final
payment. If final payment is not received, we may charge your account for the amount of such items or ACH transfers and impose a return item
charge on your account. Any collection fees we incur may be charged to your account. We reserve the right to refuse or return any item or funds
transfer.
e. Direct Deposits. We may offer preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government
checks) or preauthorized transfers from other accounts. You must authorize direct deposits or preauthorized transfers by filling out a separate
form. You must notify us at least 30 days in advance to cancel or change a direct deposit or transfer option. If your account is overdrawn, you
authorize us to deduct the amount your account is overdrawn from any deposit, including deposits of government payments or benefits. If we are
required to reimburse the U.S. Government for any benefit payment directly deposited into your account, we may deduct the amount returned
from any of your accounts, unless prohibited by law.
f. Crediting of Deposits. Deposits made after the deposit cutoff time and deposits made on holidays or days other than our business days will
be credited to your account on the next business day.
9. ACCOUNT ACCESS
a. Authorized Signature. Your signature on the Account Card, or authentication and approval of your account, authorizes your account
access. We will not be liable for refusing to honor any item or instruction if we believe the signature is not genuine. If you have authorized the
use of a facsimile signature, we may honor any check or draft that appears to bear your facsimile signature, even if it was made by an
unauthorized person. You authorize us to honor transactions initiated by a third person to whom you have given your account information, even
if you do not authorize a particular transaction.
b. Access Options. You may withdraw or transfer funds from your account(s) in any manner we permit (e.g., at an automated teller machine,
in person, by mail, Internet access, automatic transfer, or telephone, as applicable). We may return as unpaid any check or draft drawn on a
form we do not provide, and you are responsible for any loss we incur handling such a check or draft. We have the right to revie
w an
d approve
any form of power of attorney and may restrict account withdrawals or transfers. We may refuse to honor a power of attorney if our refusal is
conducted in accordance with applicable state law.
c. Credit Union Examination. We may disregard any information on any check or draft other than the signature of the drawer, the amount,
and any magnetic encoding. You agree that we do not fail to exercise ordinary care in paying an item solely because our procedures do not
provide for sight examination of items.
10. FUND TRANSFERS — Except as amended by this Agreement, electronic fund transfers we permit that are subject to Article 4A of the
Uniform Commercial Code will be subject to such provisions of the Uniform Commercial Code as enacted by the state where the main office of
the Credit Union is located. We may execute certain requests for an electronic fund transfer by Fedwire. Fedwire transactions are subject to
Federal Reserve Board Regulation J. You may order an electronic fund transfer to or from your account. We will debit your account for the
amount of the electronic fund transfer and will charge your account for any fees related to the transfer. Unless we agree otherwise in writing, we
reserve the right to refuse to execute any order to transfer funds to or from your account. We are not obligated to execute any order to transfer
funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not
liable for errors, delays, interruptions, or transmission failures caused by third parties or circumstances beyond our control, including mechanical,
electronic, or equipment failure. We will not provide you with next day notice of ACH transfers, wire transfers, and other electronic payments
credited to your account. You will receive notice of such credits on your account statements. You may contact us to determine whether a
payment has been received. If we fail to properly execute a payment order, and such action results in a delay in payment to you, we will pay you
dividends or interest for the period of delay as required by applicable law. The dividends or interest paid to you will be based on the lowest
nominal dividend or interest rate we were paying on any account during that period. Payment orders we accept will be executed within a
reasonable time of receipt but may not necessarily be executed on the date they are received. Cutoff times may apply to the receipt, execution
and processing of fund transfers, payment orders, cancellations, and amendments. If a request for a fund transfer, payment order, cancellation,
or amendment is received after a cutoff time, it may be treated as having been received on the next fund transfer business day. Information
about any cutoff times is available upon request. From time to time, we may need to suspend processing of a transaction for greater scrutiny or
verification in accordance with applicable law, and this action may affect settlement or availability of the transaction. When you initiate a wire
transfer, you may identify the recipient and any financial institution by name and by account or identifying number. The Credit Union and any
other financial institutions facilitating the transfer may rely strictly on the account or identifying number, even if the number identifies a different
person or financial institution. Any account owner may amend or cancel a payment order, even if that person did not initiate the order. We may
refuse any request to amend or cancel a payment order that we believe will expose the Credit Union to liability or loss. Any request that we
accept to amend or cancel a payment order will be processed within a reasonable time after it is received. You agree to hold us harmless from
and indemnify us for all losses and expenses resulting from any actual or attempted amendment or cancellation of a payment order. We may
require you to follow a security procedure to execute a payment order or certain electronic fund transfer transactions. We will notify you of any
such security procedures. Unless we permit you to establish a different security procedure, you agree that the security procedures contained in
the Credit Union’s policies, of which we have notified you, are commercially reasonable methods of verification of payment orde
rs and other
03706615-D1000-C-1-050619 (D1000A)-e
electronic fund transfers. If we permit you to establish a different security procedure, you agree that procedure is a commercially reasonable
method of verifying electronic funds transfers. If we conduct a remittance transfer(s) on your behalf acting as a remittance transfer provider, such
transactions will be governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers. A “remittance transfer” is an electronic
transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance
transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such
services are requested and rendered in accordance with applicable law.
11. ACCOUNT RATES AND FEES — We pay account earnings and assess fees against your account as set forth in the Truth-in-Savings
Disclosure and Schedule of Fees and Charges. We may change the Truth-in-Savings Disclosure or Schedule of Fees and Charges at any time
and will notify you as required by law.
12. TRANSACTION LIMITATIONS —
a. Withdrawal Restrictions. We will pay checks or drafts, permit withdrawals, and make transfers from available balance in your account. The
availability of funds in your account may be delayed as described in our Funds Availability Policy Disclosure. We may also pay checks or drafts,
permit withdrawals, and make transfers from your account from insufficient available balance if you have established an overdraft protection plan
or, if you do not have such a plan with us, in accordance with our overdraft payment policy.
We may refuse to allow a withdrawal in some situations and will advise you accordingly if: (1) there is a dispute between account owners (unless
a court has ordered the Credit Union to allow the withdrawal); (2) a legal garnishment or attachment is served; (3) the account secures any
obligation to us; (4) required documentation has not been presented; or (5) you fail to repay a credit union loan on time. We may require you to
give written notice of seven (7) to 60 days before any intended withdrawals.
b. Transfer Limitations. We may limit the dollar amount or the number of transfers from your account. Please consult your Truth-in-Savings
Disclosure or your Electronic Fund Transfers Agreement and Disclosure.
13. CERTIFICATE ACCOUNTS Any time deposit, term share, share certificate, or certificate of deposit account allowed by state law
(certificate account), whichever we offer, is subject to the terms of this Agreement, the Truth-in-Savings Disclosure, and the Account Receipt for
each account, the terms of which are incorporated herein by reference.
14. OVERDRAFTS —
a. Payment of Overdrafts. If, on any day, the available balance in your share or deposit account are not sufficient to pay the full amount of a
check, draft, transaction, or other item, plus any applicable fee, that is posted to your account, we may return the item or pay it, as described
below. The Credit Union’s determination of an insufficient available 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. We do not have to notify you if your account does not have
sufficient available balance in order to pay an item. Your account may be subject to a fee for each item regardless of whether we pay or return
the item. We may charge a fee each time an item is submitted or resubmitted for payment; therefore, you may be assessed more than one fee
as a result of a retuned item and resubmission(s) of the returned item.
If we offer standard overdraft services, this service allows us to authorize payment for the following types of transactions regardless of whether
your share or deposit account has sufficient funds: (1) share drafts/checks and other transactions made using your checking account, except as
otherwise described below; (2) automatic bill payments; (3) and ACH transactions. For ATM and one-time debit card transactions, you must
affirmatively consent to such coverage. Without your consent, the Credit Union may not authorize and pay an ATM or one-time debit card
transaction that will result in insufficient funds in your account. If you have established a service linking your share or deposit account with other
individual or joint accounts, you authorize us to transfer funds fro
m another account of yours to cover an insufficient item, includ
ing transfers
from a share or deposit account, an overdraft line-of-credit account, or other account you so designate. Services and fees for these transactions
are shown in the document the Credit Union uses to capture your affirmative consent and the Schedule of Fees and Charges.
Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay such items that result in an insufficiency of funds in
your account, we do not agree to pay them in the future and may discontinue coverage at any time without notice. If we pay these items or
impose a fee that results in insufficient funds in your account, you agree to pay the insufficient amount, including the fee assessed by us, in
accordance with our standard overdraft services or any other service you may have authorized with us or, if you do not have such protections
with us, in accordance with any overdraft payment policy we have, as applicable.
b. How Transactions are Posted to Your Account. Basically, there are two types of transactions that affect your account: credits (deposits
of money into your account) and debits (payments out of your account). It is important to understand how each is applied to your account so that
you know how much money you have and how much is available to you at any given time. This section explains generally how and when we
post transactions to your account.
Credits. Deposits are generally added to your account when we receive them. However, in some cases when you deposit a check, the
full amount of the deposit may not be available to you at the time of deposit. Please refer to the Funds Availability Policy Disclosure
provided at the time you opened your account for details regarding the timing and availability of funds from deposits.
Debits. There are several types of debit transactions. Common debit transactions are generally described below. Keep in mind that
there are many ways transactions are presented for payment by merchants, and we are not necessarily in control of when transactions
are received.
Checks. When you write a check, it is processed through the Federal Reserve system. We receive data files of cashed
checks from the Federal Reserve each day. The checks drawn on your account are compiled from these data files and paid
each day. We process the payments in the order contained in the data file.
ACH Payments. We receive data files every day from the Federal Reserve with Automated Clearing House (ACH)
transactions. These include, for example, automatic bill payments you have authorized. ACH transactions for your account
are posted throughout the day in order of receipt.
PIN-Based Debit Card Purchase Transactions. These are purchase transactions using your debit card for which a
merchant may require you to enter your personal identification number (PIN) at the time of sale. They are processed
through a PIN debit network. These transactions are similar to ATM withdrawal transactions because the money is usually
deducted from your account immediately at the time of the transaction. However, depending on the merchant, a PIN-based
transaction may not be immediately presented for payment.
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Signature-Based Debit Card Purchase Transactions. These are purchase transactions using your debit card that are
processed through a signature-based network. Rather than entering a PIN, you typically sign for the purchase; however,
merchants may not require your signature for certain transactions. Merchants may seek authorization for these types of
transactions. The authorization request places a hold on funds in your account when the authorization is completed. The
“authorization hold” will reduce your available balance by the amount authorized but will not affect your actual balance. The
transaction is subsequently processed by the merchant and submitted to us for payment. This can happen hours or
sometimes days after the transaction, depending on the merchant and its payment processor. These payment requests are
received in real time throughout the day and are posted to your account when they are received.
The amount of an authorization hold may differ from the actual payment because the final transaction amount may not yet
be known to the merchant when you present your card for payment. For example, if you use your debit card at a restaurant,
a hold will be placed in an amount equal to the bill presented to you; but when the transaction posts, it will include any tip
that you may have added to the bill. This may also be the case where you present your debit card for payment at gas
stations, hotels and certain other retail establishments. We cannot control how much a merchant asks us to authorize, or
when a merchant submits a transaction for payment.
This is a general description of certain types of transactions. These practices may change, and we reserve the right to pay items in any order we
choose as permitted by law.
c. Understanding Your Account Balance. Your share draft account has two kinds of balances: the actual balance and the available balance.
Your actual balance reflects the full amount of all deposits to your account as well as payment transactions that have been posted to your
account. It does not reflect checks you have written and are still outstanding or transactions that have been authorized but are still pending. Your
available balance is the amount of money in your account that is available for you to use. Your available balance is your actual balance less: (1)
holds placed on deposits; (2) holds on debit card or other transactions that have been authorized but are not yet posted; and (3) any other holds,
such as holds related to pledges of account funds and minimum balance requirements or to comply with court orders. We use your available
balance to determine whether there are sufficient funds in your account to pay items, including checks and drafts, as well as ACH, debit card
and other electronic transactions. Pending transactions and holds placed on your account may reduce your available balance and may cause
your account to become overdrawn regardless of your actual balance. In such cases, subsequent posting of the pending transactions may
further overdraw your account and be subject to additional fees. You should assume that any item which would overdraw your account based on
your available balance may create an overdraft. You may check your available balance online at www.caclfcu.org, at an ATM, by visiting a credit
union branch or by calling us at (570) 628-2400.
15. POSTDATED AND STALEDATED CHECKS OR DRAFTS — You agree not to issue any check or draft that is payable on a future date
(postdated). If you do issue a check or draft that is postdated and we pay it before that date, you agree that we shall have no liability to you for
such payment. 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 that is presented more than six (6) months past its date.
16. STOP PAYMENT ORDERS —
a. Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner’s account. To be
binding, the order must be in writing, dated and signed, and must accurately describe the check or draft, including the exact account number, the
check or draft number, and the exact amount of the check or draft. This exact information is necessary for the Credit Union’s computer to identify
the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment o
n the check or draft.
In addition,
we
must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity to act on it. If we recredit
your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with
the payee, to assign to us all of your rights against the payee or other holders of the check or draft, and to assist us in any legal action.
b. Duration of Order. Oral stop payment orders for checks or drafts will lapse within 14 calendar days unless confirmed in writing within that
time. Written stop payment orders for checks or drafts are effective for six (6) months and may be renewed for additional six (6) month periods
by requesting in writing that the stop payment order be renewed within a period during which the stop payment order is effective. We are not
required to notify you when a stop payment order expires.
c. Liability. Fees for stop payment orders are set forth in the Truth-in-Savings Disclosure or Schedule of Fees and Charges. You may not stop
payment on any certified check, cashier’s check, teller’s check, or any other check, draft, or payment guaranteed by us. Although payment of an
item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the Credit Union harmless from
all costs, including attorney’s fees, damages, or claims related to our refusing payment of an item, including claims of any joint account owner,
payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.
17. CREDIT UNION LIABILITY — If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or
damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains
insufficient funds for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another
financial institution’s negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential
damages, except liability for wrongful dishonor. We exercise ordinary care if our actions or nonactions are consistent with applicable state law,
Federal Reserve regulations and operating letters, clearinghouse rules, and general financial institution practices followed in the area we serve.
You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Agreement.
Any conflict regarding what you and our employees say or write will be resolved by reference to this Agreement.
18. CHECKS OR DRAFTS PRESENTED FOR PAYMENT IN PERSON — We may refuse to accept any check or draft drawn on your account
that is presented for payment in person. Such refusal shall not constitute a wrongful dishonor of the check or draft, and we shall have no liability
for refusing payment. If we agree to cash a check or draft that is presented for payment in person, we may require the presenter to pay a fee.
Any applicable check or draft cashing fees are stated in the Schedule of Fees and Charges.
19. REMOTELY CREATED CHECKS OR DRAFTS — For purposes of this paragraph, “account” means a transaction account, credit account,
or any other account on which checks or drafts may be drawn. A remotely created check or draft is a check or draft created by someone other
than the person on whose account the check or draft is drawn. A remotely created check or draft is generally created by a third party payee as
authorized by the owner of the account on which the check or draft is drawn. Authorization is usually made over the telephone or through on-line
communication. The owner of the account does not sign a remotely created check or draft. In place of the owner’s signature, the remotely
created check or draft usually bears a statement that the owner authorized the check or draft or bears the owner’s printed or typed name. If you
authorize a third party to draw a remotely created check or draft against your account, you may not later revoke or change your authorization. It
is your responsibility to resolve any authorization issues directly with the third party. We are not required to credit your account and may charge
against your account any remotely created check or draft for which the third party has proof of your authorization.
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20. PLEDGE/STATUTORY LIEN Unless prohibited by law, you pledge and grant as security for all obligations you may have now or in the
future, except obligations secured by your principal residence, all shares and dividends and all deposits and interest, if any, in all accounts you
have with us now and in the future. If you pledge a specific dollar amount in your account(s) for a loan, we will freeze the funds in your
account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan. Otherwise,
funds in your pledged account(s) may be withdrawn unless you are in default. Federal or state law (depending upon whether we have a federal
or state charter) gives us a lien on all shares and dividends and all deposits and interest, if any, in accounts you have with us now and in the
future. Except as limited by federal or state law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on
which you are in default. After you are in default, we may exercise our statutory lien rights without further notice to you.
Your pledge and our statutory lien rights will allow us to apply the funds in your account(s) to what you owe when you are in default,
except as limited by federal or state law. If we do not apply the funds in your account(s) to satisfy your obligation, we may place an
administrative freeze on your account(s) in order to protect our statutory lien rights and may apply the funds in your account(s) to the amount
you owe us at a later time. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would
lose special tax treatment under federal or state law if given as security. By not enforcing our right to apply funds in your account to your
obligations that are in default, we do not waive our right to enforce these rights at a later time.
21. LEGAL PROCESS — If any legal action is brought against your account, we may pay out funds according to the terms of the action or
refuse any payout until the dispute is resolved, as permitted by law. Any expenses or attorney fees we incur responding to legal process may be
charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security
interest.
22. ACCOUNT INFORMATION — Upon request, we will give you the name and address of each agency from which we obtain a credit report
regarding your account. We agree not to disclose account information to third parties except when: (1) it is necessary to complete a transaction;
(2) the third party seeks to verify the existence or condition of your account in accordance with applicable law; (3) such disclosure complies with
the law or a government agency or court order; or (4) you give us written permission.
23. NOTICES —
a. Name or Address Changes. You are responsible for notifying us of any name or address change. The Credit Union is only required to
attempt to communicate with you at the most recent address you have provided to us. We may require all name and address changes to be
provided in writing. If we attempt to locate you, we may impose a service fee as set forth in the Truth-in-Savings Disclosure or Schedule of Fees
and Charges.
b. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement at any time. We will notify you
of any change in terms, rates, or fees as required by law. We reserve the right to waive any terms of this Agreement. Any such waiver shall not
affect our right to future enforcement.
c. Effect of Notice. Any written notice you give us is effective when we receive it. Any written notice we give to you is effective when it is
deposited in the U.S. mail, postage prepaid, and addressed to you at your statement mailing address. Notice to any account owner is
considered notice to all account owners.
d. Electronic Notices. If you have agreed to receive notices electronically, we may send you notices electronically and discontinue mailing
paper notices to you until you notify us that you wish to reinstate receiving paper notices.
24. TAXPAYER IDENTIFICATION NUMBER AND BACKUP WITHHOLDING — Your failure to furnish a correct Taxpayer Identification
Number (TIN) or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold
and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments. If you fail to p
rovide your TIN, we
ma
y suspend op
ening your account.
25. STATEMENTS —
a. Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your
account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one (1) statement is
necessary for joint accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid,
becomes property of the Credit Union and may not be returned to you, but copies of the check or draft may be retained by us or by payable-
through financial institutions and may be made available upon your request. You understand and agree that statements are made available to
you on the date they are sent to you. You also understand and agree that checks, drafts, or copies thereof are made available to you on the date
the statement is sent to you, even if the checks or drafts do not accompany the statement.
b. Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail
to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous
payments or transactions, or other discrepancies reflected on your statement within 33 days of the date we sent the statement to you, we will not
be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable
person, including the unauthorized use of a facsimile signature machine.
c. Notice to Credit Union. You agree that the Credit Union’s retention of checks or drafts does not alter or waive your responsibility to
examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes, and we will not
be liable for any payment made or charge to your account unless you notify us in writing within the above time limit for notifying us of any errors.
If you fail to receive a periodic statement, you agree to notify us within 14 days of the time you regularly receive a statement.
26. INACTIVE ACCOUNTS If your account falls below any applicable minimum balance and you have not made any transactions over a
period specified in the Truth-in-Savings Disclosure or Schedule of Fees and Charges, we may classify your account as inactive or dormant.
Unless prohibited by applicable law, we may charge a service fee, as set forth in the Truth-in-Savings Disclosure or Schedule of Fees and
Charges, for processing your inactive account. If we impose a fee, we will notify you, as required by law, at your last known address. You
authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allowed by law, we reserve
the right to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or withdrawal has not
been made on the account and we have had no other sufficient contact with you within the period specified by state law, the account will be
presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with state law. Once funds have been
turned over to the state, we have no further liability to you for such funds, and if you choose to reclaim such funds, you must apply to the
appropriate state agency.
03706615-D1000-C-1-050619 (D1000A)-e
27. SPECIAL ACCOUNT INSTRUCTIONS — You may request that we facilitate certain trust, will, or court-ordered account arrangements.
However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific
requirements of your trust, will, or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits,
expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or
post a bond or provide us with other protection. We may require that account changes requested by you, or any account owner, such as adding
or closing an account or service, be evidenced by a signed Account Change Card or other document which evidences a change to an account
and accepted by us.
28. TERMINATION OF ACCOUNT — We may terminate your account at any time without notice to you or may require you to close your
account and apply for a new account if: (1) there is a change in owners or authorized signers; (2) there has been a forgery or fraud reported or
committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any checks or
drafts are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any
misrepresentation or any other abuse of any of your accounts; or (7) we reasonably deem it necessary to prevent a loss to us. You may
terminate an individual account by giving written notice. We reserve the right to require the consent of all owners to terminate a joint account.
We are not responsible for payment of any check, draft, withdrawal, transaction, or other item after your account is terminated; however, if we
pay an item after termination, you agree to reimburse us.
29. TERMINATION OF MEMBERSHIP — You may terminate your membership by giving us written notice or by withdrawing your minimum
required membership share(s), if any, and closing all your accounts. You may be denied services for causing a loss to the Credit Union, or you
may be expelled for any reason as allowed by applicable law.
30. DEATH OF ACCOUNT OWNER — We may continue to honor all transfer orders, withdrawals, deposits, and other transactions on an
account until we know of a member’s death. Once we know of a member’s death, we may pay checks or drafts or honor other payments or
transfer orders authorized by the deceased member for a period of ten (10) days after that date unless we receive instructions from any person
claiming an interest in the account to stop payment on the checks, drafts, or other items. We may require anyone claiming a deceased owner’s
account funds to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal
representatives of any account owner.
31. UNLAWFUL INTERNET GAMBLING AND OTHER ILLEGAL ACTIVITIES — You agree that you are not engaged in unlawful Internet
gambling or any other illegal activity. You agree that you will not use any of your accounts, access devices or services for unlawful Internet
gambling or other illegal activities. We may terminate your account relationship if you engage in unlawful Internet gambling or other illegal
activities.
32. SEVERABILITY If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall not
be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as
part of the Agreement.
33. ENFORCEMENT — You are liable to us for any losses, costs, or expenses we incur resulting from your failure to follow this Agreement. You
authorize us to deduct any such losses, costs, or expenses from your account without prior notice to you. If we bring a legal action to collect any
amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and
costs, including fees on any appeal, bankruptcy proceedings, and any post judgment collection actions.
34. GOVERNING LAW — This Agre
ement is governed by
the Credit Union’s bylaws, federal laws and regulations, the laws, including applicable
principles of contract law, and regulations of the state in which the Credit Union’s main office is located, and local clearinghouse rules, as
amended from time to time. As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the
county in which the Credit Union is located.
35. NEGATIVE INFORMATION NOTICE — We may report information about your loan, share, or deposit accounts to credit bureaus.
Late payments, missed payments, or other defaults on your accounts may be reflected in your credit report.
©CUNA Mutual Group 2008, 10, 11 All Rights Reserved 03706615-11452-P-1-050619 (114521)-e
FUNDS AVAILABILITY POLICY DISCLOSURE
This Disclosure describes your ability to withdraw funds at CACL Federal Credit Union. It only applies to the availability of funds
in transaction accounts. The Credit Union reserves the right to delay the availability of funds deposited to accounts that are not
transaction accounts for periods longer than those disclosed in this policy. Please ask us if you have a question about which
accounts are affected by this policy.
1. GENERAL POLICY — Our policy is to make funds from your cash and check 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 close of business 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 the close of business or on a business 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 same business day that 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 will 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.
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 redeposit 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 on 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 on the thirtieth calendar day after the day of your deposit.
6. DEPOSITS AT NONPROPRIETARY ATMS — Funds from any deposits (cash or checks) made at automated teller
machines (ATMs) we do not own or operate will not be available until the fifth business day after the date of your deposit. This
rule does not apply at ATMs that we own or operate. All ATMs that we own or operate are identified as our machines.
7.
CASH WITHDRAWAL LIMITATION — We place certain limitations on withdrawals in cash. In general, $225.00 of a deposit
is available for withdrawal in cash by the first business day after
the day of deposit. In addition, a total of $450.00 of other funds
becoming available on a given day will be available for withdrawal in cash at or after 5:00 p.m. that day. Any remaining funds will
be available for withdrawal in cash by the following business day.
8. 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 institution upon which it is drawn.
© CUNA Mutual Group 2008-10, 12-14, 17 All Rights Reserved 03706615-51002-P-1-050619 (51002B)-e
ELECTRONIC FUND TRANSFERS AGREEMENT AND DISCLOSURE
This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities
concerning the electronic fund transfers (EFT) services offered to you by CACL Federal Credit Union (“Credit Union”). In this
Agreement, the words “you,” “your,” and “yours” mean those who sign the application or account card as applicants, joint
owners, or any authorized users. The words “we,” “us,” and “our” mean the Credit Union. The word “account” means any one (1)
or more share and share draft accounts you have with the Credit Union. Electronic fund transfers are electronically initiated
transfers of money from your account through the EFT services described below. By signing an application or account card for
EFT services, signing your card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this
Agreement and any amendments for the EFT services offered. Furthermore, electronic fund transfers that meet the definition of
remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently,
terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of
more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer
provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time
such services are requested and rendered in accordance with applicable law.
1. EFT SERVICES — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.
a. Mastercard (Debit Card). If approved, you may use your Mastercard® card to purchase goods and services from
participating merchants. If you wish to pay for goods or services over the Internet, you may be required to provide card number
security information before you will be permitted to complete the transaction. You agree that you will not use your card for any
transaction that is illegal under applicable federal, state, or local law. Funds to cover your card purchases will be deducted from
your share draft account. For ATM and one-time debit card transactions, you must consent to the Credit Union’s overdraft
protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not
authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the
document the Credit Union uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and
Charges.
For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union
may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft
protection accounts, or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws
your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In
the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your card and
personal identification number (PIN) in ATMs of the Credit Union, STAR networks, and such other machines or facilities as the
Credit Union may designate.
At the present time, you may also use your card to:
- Make deposits to your share and share draft accounts.
- Withdraw funds from your share and share draft accounts.
- Transfer funds from your share and share draft accounts.
- Obtain balance information for your share and share draft accounts.
- Make point-of-sale (POS) transactions with your card and personal identification number (PIN) to purchase goods or
services at merchants that accept Mastercard.
- Order goods or services by mail or telephone from places that accept Mastercard.
The following limitations on Mastercard (Debit Card) transactions may apply:
- There is no limit on the number of Mastercard (Debit Card) purchases you make per day.
- You may purchase up to a maximum of $1,500.00 per day.
- There is no limit to the number of cash withdrawals you may make in any one (1) day from an ATM machine.
- You may withdraw up to a maximum of $300.00 in any one (1) day from an ATM machine, if there are sufficient funds in
your account.
- For security purposes, there are other limits on the frequency and amount of transfers available at ATMs.
- You may transfer up to the available balance in your accounts at the time of the transfer.
- See Section 2 for transfer limitations that may apply to these transactions.
Card Information Updates and Authorizations. If you ha
ve authorized a merchant to bill charges to your card on a recurring
basis, it is your responsibility to notify the merchant in the event your card is replaced, your card information (such as card
number and expiration date) changes, or the account associated with your card is closed. However, if your card is replaced or
card information changes, you authorize us, without obligation on our part, to provide the updated card information to the
merchant in order to permit the merchant to bill recurring charges to the card. You authorize us to apply such recurring charges
to the card until you notify us that you have revoked authorization for the charges to your card.
Your card is automatically enrolled in an information updating service. Through this service, your updated card information (such
as card number and expiration date) may be shared with participating merchants to facilitate continued recurring charges.
Updates are not guaranteed before your next payment to a merchant is due. You are responsible for making direct payment until
03706615-51002-P-1-050619 (51002B)-e
recurring charges resume. To revoke your authorization allowing us to provide updated card information to a merchant, please
contact us.
b. CACL Connect (Audio Response). If we approve CACL Connect (Audio Response) for your accounts, a separate
personal identification number (PIN) will be assigned to you. You must use your personal identification number (PIN) along with
your account number to access your accounts. At the present time, you may use CACL Connect (Audio Response) to:
- Withdraw funds from your share, share draft, money market, club, and Member Defined accounts.
- Transfer funds from your share, share draft, money market, club, and Member Defined accounts.
- Obtain balance information for your share, share draft, money market, club, and Member Defined accounts.
- Make loan payments from your share, share draft, money market, club, and Member Defined accounts.
- Determine if a particular item has cleared.
Your accounts can be accessed under CACL Connect (Audio Response) via a touch-tone telephone only. CACL Connect
(Audio Response) service will be available for your convenience 24 hours per day. This service may be interrupted for a short
time each day for data processing.
The following limitations on CACL Connect (Audio Response) transactions may apply:
- There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
- The maximum withdrawal or transfer amount is $99,999.99 per day and no transfer or withdrawal may exceed the available
funds in your account.
- See Section 2 for transfer limitations that may apply to these transactions.
The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit,
lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks
are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on
the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for
which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous
unsuccessful attempts to enter a transaction and there may be limits on the duration of each telephone call.
c. Preauthorized EFTs.
- Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department or (iii) other financial institutions, the
Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your any
account.
- Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share draft account.
- See Section 2 for transfer limitations that may apply to these transactions.
- Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money
you owe others, you may stop payment on preauthorized transfers from your account. You must notify us orally or in writing
at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of
the stop payment order to be made within 14 days of any oral notification. If we do not receive the written confirmation, the
oral stop payment order shall cease to be binding 14 days after it has been made. A stop payment request may apply to a
single transfer, multiple transfers, or all future transfers as directed by you, and will remain in effect unless you withdraw
your request or all transfers subject to the request have been returned.
- Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to
tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount from the previous payment or when the
amount would fall outside certain limits that you set.
- Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop payment of a preauthorized
transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your
losses or damages.
d. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or draft,
you may authorize your check or draft to be converted to an electronic fund transfer. You may also authorize merchants or other
pa
ye
es to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund
transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or if you sign a written authorization.
e. CACL PC Access. If CACL PC Access is activated for your account(s), you will be required to use secure login information
to access the account(s). At the present time, you may use CACL PC Access to:
- Withdraw funds from your share, share draft, money market, club, and Member Defined accounts.
- Transfer funds from your share, share draft, money market, club, and Member Defined accounts.
- Obtain balance information for your share, share draft, money market, club, and Member Defined accounts.
- Make loan payments from your share, share draft, money market, club, and Member Defined accounts.
- Transfer account set-up. Report lost/stolen plastic cards.
Your accounts can be accessed under CACL PC Access via personal computer. CACL PC Access will be available for your
convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the
right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required
balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary
member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be
notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The
03706615-51002-P-1-050619 (51002B)-e
service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may
be limits on the duration of each access.
The following limitations on CACL PC Access transactions may apply:
- There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
- The maximum withdrawal or transfer amount is $100,000.00 per day, and no transfer or withdrawal may exceed the
available funds in your account.
- See Section 2 for transfer limitations that may apply to these transactions.
2. TRANSFER LIMITATIONS For all share accounts, you may make no more than six (6) transfers and withdrawals from
your account to another account of yours or to a third party in any month by means of a preauthorized, automatic, or Internet
transfer, by telephonic order or instruction, or by check, draft, debit card or similar order. If you exceed these limitations, your
account may be subject to a fee or be closed.
3. CONDITIONS OF EFT SERVICES —
a. Ownership of Cards. Any card or other device which we supply to you is our property and must be returned to us, or to
any person whom we authorize to act as our agent, or to any person who is authorized to honor the card, immediately according
to instructions. The card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer
your card or account to another person.
b. Honoring the Card. Neither we nor merchants authorized to honor the card will be responsible for the failure or refusal to
honor the card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to
accept a credit to your account in lieu of a cash refund.
c. Foreign Transactions.
Mastercard. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The
exchange rate used to convert foreign currency transactions to U.S. dollars is either a government-mandated exchange rate or a
wholesale exchange rate and is selected by Mastercard. The rate Mastercard uses for a particular transaction is the rate
Mastercard selects for the applicable currency on the day the transaction is processed. This rate may differ from the rate
applicable on the date the transaction occurred or was posted to your account.
d. Security of Access Code. You may use one (1) or more access codes with your electronic fund transfers. The access
codes issued to you are for your security purposes. Any access codes issued to you are confidential and should not be
disclosed to third parties or recorded on or with the card. You are responsible for safekeeping your access codes. You agree not
to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize
anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit
Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of
your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate
your EFT services immediately.
e. Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any
authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or
from any share and share draft or loan accounts as provided in this Agreement. Each joint account owner, without the consent
of any other account owner, may, and is hereby authorized by every other joint account owner, make any transaction permitted
under this Agreement. Each joint account owner is authorized to act for the other account owners, and the Credit Union may
accept orders and instructions regarding any EFT transaction on any account from any joint account owner.
4. FEES AND CHARGES — There are certain fees and charges for EFT services. For a current listing of all applicable fees,
see our current Schedule of Fees and Charges that was provided to you at the time you applied for or requested these
electronic services. From time to time, the charges may be changed. We will notify you as required by applicable law.
If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any international, national,
regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do
not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or
continue with the balance inquiry.
5.
MEMBER LIABILITY — You are responsible for all transactions you authorize using your EFT services under this
Agreement. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any
transactions they authorize or conduct on any of your accounts. However, TELL US AT ONCE if you believe your card and/or
access code has been lost or stolen, if you believe someone has used your card or access code or otherwise accessed your
accounts without your permission, or if you believe that an electronic fund transfer has been made without your permission using
information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in
your account (plus your maximum overdraft line-of-credit).
You are not liable for an unauthorized Mastercard debit card transaction if you can demonstrate that you have exercised
reasonable care in protecting your card or access code from loss or theft and, upon discovering the loss or theft, you promptly
report the loss or theft to us.
For all other EFT transactions involving access devices, your liability for unauthorized transactions is determined as follows. If
you tell us within two (2) business days after you learn of the loss or theft of your card or access code, you can lose no more
than $50.00 if someone used your card 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 or access code and we can prove that we could have stopped someone
from using your card or access code without your permission if you had told us, you could lose as much as $500.00.
03706615-51002-P-1-050619 (51002B)-e
Also, if your statement shows transfers that you did not make including those made by card, access code or other means, TELL
US AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost
after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a
good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your card or access code has been lost or stolen or that someone has transferred or may transfer money from
your accounts without your permission, call:
(570) 628-2400
or write to:
CACL Federal Credit Union
1800 W. Market Street
Pottsville, PA 17901-2002
You should also call the number or write to the address listed above if you believe a transfer has been made using the
information from your check without your permission.
6. RIGHT TO RECEIVE DOCUMENTATION —
a. Periodic Statements. Transfers and withdrawals made through any debit card transactions, audio response transactions,
preauthorized EFTs or online/PC transactions will be recorded on your periodic statement. You will receive a statement monthly
unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.
b. Terminal Receipt. You can get a receipt at the time you make any transaction (except inquiries) involving your account
using an ATM and/or point-of-sale (POS) terminal.
c. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every 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 (570) 628-2400. This does not apply to transactions occurring outside the United States.
7. ACCOUNT INFORMATION DISCLOSURE — We will disclose information to third parties about your account or the
transfers you make:
- As necessary to complete transfers;
- To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit
bureau or merchant;
- If your account is eligible for emergency cash and/or emergency card replacement services and you request such services,
you agree that we may provide personal information about you and your account that is necessary to provide you with the
requested service(s);
- To comply with government agency or court orders; or
- If you give us your written permission.
8. BUSINESS DAYS — Our business days are Monday through Friday, excluding holidays.
9. CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS — If we do not complete a transfer to or from your
account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages.
However, we will not be liable for direct or consequential damages in the following events:
- If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your
accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy
Disclosure, or if the transaction involves a loan request exceeding your credit limit.
- If you used your card or access code in an incorrect manner.
- If the ATM where you are making the transfer does not have enough cash.
- If the ATM was not working properly and you knew about the problem when you started the transaction.
- If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
- If the money in your account is subject to legal process or other claim.
- If funds in your account are pledged as collateral or frozen because of a delinquent loan.
- If the error was caused by a system of any participating ATM network.
- If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT
facility for making such transfers.
- If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is
not working properly and you know or should have known about the breakdown when you started the transaction.
- Any other exceptions as established by the Credit Union.
10. NOTICES All notices from us will be effective when we have mailed them or delivered them to the appropriate address in
the Credit Union’s records. Notices from you will be effective when received by the Credit Union at the address specified in this
Agreem
ent. W
e reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to
you at least 21 days before the effective date of any change. Use of this service is subject to existing regulations governing the
Credit Union account and any future changes to those regulations.
The following information is a list of safety precautions regarding the use of ATMs 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.
03706615-51002-P-1-050619 (51002B)-e
- Close the entry door of any ATM facility equipped with a door.
- 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. If it is after the regular hours of the financial institution and you are using an ATM, do not permit
entrance to any person you do not know.
- Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your
money in your purse or wallet. Count the cash later in the safety of your car or home.
- If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or
coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction,
take your card or deposit envelope, and leave.
- If you are followed after making a transaction, go to the nearest public area where people are located.
- Do not write your personal identification number (PIN) or access code on your ATM card.
- Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police from the
nearest available public telephone.
11. BILLING ERRORS — In case of errors or questions about electronic fund transfers from your share and share draft
accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or
send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent
the FIRST statement on which the problem appears. Call us at:
(570) 628-2400
or write to:
CACL Federal Credit Union
1800 W. Market Street
Pottsville, PA 17901-2002
- Tell us your name and account number.
- Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the Credit Union
has made an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error has occurred within ten (10)* business days after we hear from you and will correct any error
promptly. If we need more time, however, we may take up to 45** days to investigate your complaint or question. If we decide to
do this, we will credit your account within ten (10)* business days for the amount you think is in error so that you will have the
use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in
writing and we do not receive it within ten (10) business days, we may not credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error,
we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
* If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days
instead of ten (10) business days to investigate the error.
** If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a
point-of-sale (POS) transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and
territories, we will have 90 days instead of 45 days to investigate the error.
12. TERMINATION OF EFT SERVICES — You may terminate this Agreement or any EFT service under this Agreement at any
time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit
Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We
may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify
any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been
terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer
not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the
termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.
13. GOVERNING LAW T
his Agreement is governed by the bylaws of the Credit Union, federal laws and regulations, the
laws and regulations of the state of Pennsylvania, and local clearinghouse rules, as amended from time to time. Any disputes
regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
14. ENFORCEMENT You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this
Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we
bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law,
to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any
postjudgment collection actions.
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