ELECTRONIC FUND TRANSFERS DISCLOSURE AND AGREEMENT
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1 ELECTRONIC FUND TRANSFERS DISCLOSURE AND AGREEMENT AGREEMENT 1. Issuance of ATM Card or MasterCard Debit Card or Personal Identification Number. In this Disclosure and Agreement, the words you, your and party refer to any person to whom a Credit Union of Texas ATM or Master- Card Debit Card (the Card ) is issued, any person to whom a Personal Identification Number (PIN) is issued in connection with any such Card or the Credit Union of Texas TELEPHONE TELLER telephone access service or the Credit Union of Texas electronic online banking access service, any person authorized to use or given access to any such Card or PIN and any owner on any Credit Union Account which may be accessed by the Card, the PIN, or any other electronic funds transfer. The words we, us, our and Credit Union refer to Credit Union of Texas. You agree that the use of a Card or PIN by you shall be governed by the terms of your Account Agreement with us as well as the terms and conditions set forth in this Agreement and the Electronic Fund Transfers Disclosures set forth below. ATM and MasterCard Debit Cards are available to qualified members who are age 18 and over. ATM Cards, Telephone Teller PINs, and Online Banking PINs may be available to minors age with qualified joint owners who will be responsible for transactions on the account(s). ATM and MasterCard Debit Cards are not available for trust accounts and organization accounts. 2. Overdrafts. You agree to maintain funds in your Accounts at all times sufficient to pay any electronic funds transfer presented for payment against the applicable account. If you make an ATM or point of sale withdrawal and we have authorized payment at the time but there are insufficient funds in your Account when the transaction is presented for payment, we may charge the transaction against your account with any applicable NSF or Overdraft fee. If we do pay a transaction, the amount of which exceeds the balance in the Account upon which it is drawn, you agree to pay us immediately the amount by which that Account is overdrawn together with any fees that we might assess. You also authorize us to deduct any overdraft from your next deposit, to withhold or to transfer funds from any other Account to which you are party in amounts sufficient to cover any overdraft, or to use any other collection remedy available to us at law. If you have authorized Overdraft Protection to your Checking Account from your Share or Deposit Accounts or Line-of-Credit, the use of your card and PIN shall be subject to the Overdraft and Overdraft provisions set forth in the Account Agreement. 3. Card and PIN Security. You agree to keep your Card and PIN in a place of safekeeping, to refrain from disclosing your PIN to any third party and to refrain from writing your PIN on your Card. You agree that the use of the Card or PIN by you, any other applicant, any joint owner on any of your Accounts which may be accessed by the Card, anyone you permit or authorize to use your Card or PIN, and anyone to whom you disclose your PIN or give access to your Card or PIN shall deemed an authorized use for which you shall be liable for the transfers and withdrawals unless you notify us that transfers and withdrawals by that person are no longer authorized. You will be responsible for reporting the loss or theft of your card or PIN to us as soon as possible after the loss or theft. 4. Surrender and Cancellation. You agree to surrender the Card to us upon demand. You agree, further, that the Card shall at all times remain our property and that we may cancel this Agreement at any time, subject to such notification as may be required by applicable law. You agree that we may amend this Agreement and these disclosures, from time to time, subject to such notification as may be required by applicable law.
2 DISCLOSURE 1. TYPES OF AVAILABLE SERVICES. (a) ATM and MasterCard Debit Card. You may use your Card at any of the Credit Union s ATMs or at ATMs which are a part of an electronic funds transfer service network to which the Credit Union belongs. You may use your Card to: (1) Withdraw cash from your Share, Kids Account, Checking, Member Choice and Money Market Accounts. (2) Make balance inquiries on your Share, Kids Account, Checking, Member Choice and Money Market Accounts. (3) Purchase goods and services from merchants who have agreed to accept the Card as a means of payment. Purchases made with your Card are referred to as point of sale (POS) transactions. You may use your Card for additional transactions at certain Credit Union-owned ATMs which are located at: 4600 Ross Ave., Dallas, TX N. Plano Rd., Richardson, TX Gross Rd., Mesquite, TX S. Walton Walker (Loop 12), Dallas, TX Valley View Ln., Irving, TX S. Colony Blvd., The Colony, TX Prince George, DeSoto, TX MacArthur Blvd., Lewisville, TX Crosspoint Atrium Bldg., 8131 LBJ Frwy., Dallas, TX Coit Road, Plano, TX W. Rusk St., Rockwall, TX Ridge Rd., Rockwall, TX At these locations, you may use your card to: (1) Withdraw cash from your Share, Kids Accounts, Checking, Member Choice and Money Market Accounts and other Accounts of which you are a joint owner. (2) Make balance inquiries on your Credit Union accounts. (3) Transfer funds between your Share, Kids Accounts, Checking, Member Choice and Money Market Accounts and other Accounts of which you are a joint owner. (4) Transfer funds from your Share, Kids Account, Checking, Member Choice and Money Market Accounts to make your Credit Union loan payments. (5) Transfer a Line-of-Credit advance to your Share, Kids Accounts, Checking, Member Choice or Money Market Accounts. (6) Make a Line-of-Credit cash advance. (7) Make deposits to your Share, Kids Accounts, Checking, Member Choice, Money Market and IRA Accumulator Accounts. Deposits may be subject to depository proof verification. Some of these services may not be available at all terminals. You may not use your 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. (b) Telephone Teller and ONLINE BANKING. You may use your PIN to: (1) Transfer funds between your accounts. (2) Transfer funds from another account on which you are a joint owner. (3) Transfer funds to another member s account from your account. (4) Transfer a Line-of-Credit advance, (if approved) to your Share, Kids Account, Member Choice, Checking or Money Market Accounts.
3 (5) Request a Credit Union check be issued from your account payable to you to be mailed to your address as listed on the Credit Union system. (6) Place a stop payment order on a check you have written against your Credit Union Checking Account. (7) Reorder checks for your Checking Account. (8) Obtain cleared check information. (9) Obtain rates and annual percentage yields for share and deposit accounts. (10) Obtain loan annual percentage rates. (11) Make application for a loan. (12) Obtain an estimate of a loan payment for a proposed loan. (13) Obtain tax information on shares, deposits and loan accounts. (14) Make balance inquiries on your accounts. (15) Obtain a statement of recent transactions on your accounts. (Not available via Telephone Teller.) (16) Choose to receive e-statements only. (Not available via Telephone Teller.) (17) View and print copies of recently cleared checks. (Not available via Telephone Teller.) (c) Pre-authorized Transfers. Depending on our arrangement with you, you may make certain preauthorized transfers to or from your Accounts including: (1) Direct deposit of your payroll or other recurring types of deposits to your Checking, Share and Money Market Accounts. (2) Pre-authorized payment of certain types of recurring payments from your Checking, Share and Money Market Accounts. (3) Pre-authorized payment of certain types of recurring payments to your Checking, Share, Money Market, IRA and loan accounts. (d) ACH Represented Check Entries. You agree the Credit Union has the right to collect electronically, through the Automated Clearing House (ACH) Network, any deposits or loan payments to your Accounts drawn on another institution which are returned NSF. The Credit Union also has the right to collect, through the ACH Network, fees applicable to NSF returned checks. (e) Electronic Check Conversion and Electronic Returned Check Fees. If you pay for a purchase or service or bill payment with a check, you may authorize it to be converted to an ACH electronic fund transfer. You may also authorize merchants to electronically charge your account for returned check fees. You authorize these electronic funds transfers if you sign a written authorization or you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer will be processed electronically. 2. LIMITS ON TRANSFERS. (a) (1) With your ATM Card, you may withdraw and transfer available funds from your Accounts and make point-ofsale transactions up to a combined total of $1, each day. For security reasons, there may be times when we further limit this amount. (2) With your MasterCard Debit Card, you may withdraw and transfer available funds from your Accounts and make point-of-sale transactions up to a combined total of $2, each day. For security reasons, there may be times when we further limit this amount. In an effort to protect your card security and to prevent fraudulent transactions, please contact the credit union regarding account accessibility and usage of your card if you are planning to travel anywhere outside of the state of Texas. (b) During any statement period you may not make more than six (6) transfers from your Share, Member Choice or Money Market Account to another Account of yours at the Credit Union (other than for the purpose of making a loan payment), or to a third party by means of a preauthorized or automatic transfer (including overdraft protection transfers), check, draft, debit card (including point of sale (POS)) or similar order payable to third parties. If you exceed these transfer limitations your Share Overdraft service will be subject to cancellation, your Money Market check-writing privilege will be subject to cancellation, your POS access will be subject to cancellation, your ACH service will be subject to cancellation and your Account will be subject to closure. Transfers made at ATMs are exempt from these limits.
4 3. FEES. There is no charge for Telephone Teller and ONLINE BANKING transfers. NSF and stop payment fees as disclosed in your Truth-in-Savings Fee Schedule are applicable to pre-authorized transfers. There is no charge for the use of ATMs operated by the Credit Union. If you use an ATM that is not operated by the Credit Union, there will be a Credit Union fee as disclosed in your Truth-in-Savings Fee Schedule. In addition, you may be charged a fee by the operator of the ATM and/or by an automated transfer network, and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer. If you make a transaction with your MasterCard Debit Card in a currency other than U.S. dollars, the rate of exchange between the transaction currency and the billing currency used for processing the transaction will be (1) a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate MasterCard itself receives; or, (2) the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustments determined by the issuer. If MasterCard charges the Credit Union a 1% International Service Assessment for each foreign country transaction, the Credit Union will be passing this 1% fee on to you. 4. BUSINESS DAYS. Our business days are Monday through Friday. Holidays are not included. 5. DOCUMENTATION. (a) Terminal Transfers. You can get a receipt at the time you make any transfer greater than $15.00 to or from your Account using an automated teller machine or point-of-sale terminal. (b) Pre-authorized Transfers. If you have arranged to have direct deposits made to your Account at least once every sixty (60) days, either the person or company making the payment will tell you every time they send us the money, or you can call us at to find out if the deposit has been made. (c) Periodic Statements. You will get a monthly account statement on any Account having an electronic fund transfer. In any case, you will get a statement at least quarterly. 6. CONFIDENTIALITY. We will disclose information to third parties about your Account or the transfers you make: (a) Where it is necessary for completing transfers, or (b) In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or (c) In order to comply with government agencies or court orders, or (d) If you give us your written permission. 7. TELEPHONE NUMBER AND ADDRESS TO NOTIFY CREDIT UNION IN EVENT OF UNAUTHORIZED TRANSFER. If you believe your CARD or PIN has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission: (a) For Telephone Teller, ONLINE BANKING or ATM Transactions, call or (b) For Pre-authorized Transactions, call OR Write: CREDIT UNION OF TEXAS PO Box Dallas, Texas CONSUMER LIABILITY. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning us is the best way of keeping your possible losses down. If you promptly report the loss, theft, or unauthorized use of your Card or PIN once you become aware of it, your liability for unauthorized transfers is zero ($0). If you do NOT promptly report the loss, theft, or unauthorized use of your Card or PIN upon becoming aware of it, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had promptly reported it to us, you could lose as much as $500. Also, if your statement shows electronic fund transfers that you did not make, including those made by Card, PIN, or by 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 be reimbursed for any money you lost after the close of the 60-day period and before you notified us if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will consider a reasonable extension of the time periods. We may also require a written statement from you regarding the unauthorized use.
5 Under MasterCard zero liability rules, if your MasterCard Debit Card is lost or stolen, your liability for unauthorized Card transactions, including non-pin based transactions and PIN based point of sale (POS) and ATM transactions, is zero ($0) provided you have exercised reasonable care in safeguarding your Card from risk of loss or theft and, upon becoming aware of the loss or theft, you promptly reported the loss or theft to us. To qualify for the zero liability limitation, you MUST give prompt and proper notice of the loss, theft, or unauthorized use. If we determine that the unauthorized use you have reported involving your MasterCard Debit Card Account is not covered under this paragraph, your liability will be determined under the preceding paragraph. 9. CREDIT UNION LIABILITY. 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 will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance If, through no fault of ours, you do not have enough money in your Account to make the transfer. If the automated teller machine where you are making the transfer does not have enough cash. If the automated teller machine or system was not working properly and you knew about the breakdown when you started the transfer. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. There may be other exceptions stated in our Agreement with you. 10. RIGHT TO STOP PAYMENT OF PREAUTHORIZED TRANSFERS, PROCEDURE FOR DOING SO, RIGHT TO RECEIVE NOTICE OF VARYING AMOUNTS AND CREDIT UNION S LIABILITY FOR FAILURE TO STOP PAYMENT (a) Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here s how: Telephone us at or write us at PO Box , Dallas, Texas in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 24 hours after you call. There will be a charge for each stop payment order you give. Please refer to our Truth-in-Savings Fee Schedule which accompanies this Agreement, for fees in connection with your stop payment orders. (b) Notice of Varying Amounts. If these regular payments may vary in amount, the person or company you are going to pay will tell you, 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. (c) Liability for Failure to Stop Payment of Pre-Authorized Transfer. If you order us to stop one of these payments three 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. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS. Telephone us at or , or write us at PO Box , Dallas, Texas as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. 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 a check you wrote without your permission. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. (1) Tell us your name and account number. (2) Describe the error, or 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.
6 (3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days after we hear from you (20 business days for point-of-sale debit card transactions, transfers initiated outside of the United States, or transfers that occurred within 30 days after the first deposit to the account was made) and will correct any error promptly. However, If we need more time to investigate your complaints or questions, we may take up to 45 days (90 days for point-of-sale debit card transactions, transfers initiated outside of the United States, or transfers that occurred within 30 days after the first deposit to the account was made) to resolve the matter. If we decide that we need more time, we will provisionally credit your account within 10 business days (20 business days for point-of-sale debit card transactions, transfers initiated outside of the United States, or transfers that occurred within 30 days after the first deposit to the account was made) for the amount you think is in error, so that you will have the use of the money during the time it takes for us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not provide provisional credit to your account. We will tell you the results within 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.
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