Membership & Account Agreement and Disclosures (Effective 7/6/2015)

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1 obtain information concerning any accounts with other institutions and your credit history, including consumer credit reports. You agree that this authority applies to any account, account-related service, loans or other financial products you request or which we may offer or make available to you. SINGLE PARTY ACCOUNT Membership & Account Agreement and Disclosures (Effective 7/6/2015) Membership & Account Agreement Page 1 Funds Availability Policy.Page 8 Truth-In-Savings Disclosure..Page 10 Electronic Fund Transfer Agreement..Page 11 MEMBERSHIP & ACCOUNT AGREEMENT This Agreement covers you, your rights and your responsibilities concerning accounts offered by Indiana University Credit Union. In this Agreement, the words you and yours mean anyone who signs an Account Card. Reference to Account Card includes Membership Card, Business Membership Card, Indirect Membership Card, Card, Account Change Card, Member Account Agreement, and Business Account Resolution. The words IU Credit Union, Credit Union, we, us, and our mean Indiana University Credit Union. The word account means any share or other account(s) you have established with us. The classification and form of ownership of your accounts are set forth on your Account Card. By signing an Account Card, each of you, jointly and severally, agrees to the terms and conditions in the Membership & Account Agreement, the Funds Availability Policy, Truth-in-Savings Disclosure, Electronic Fund Transfer Agreement, Rate and Fee Schedule, and our Bylaws, as these may be amended from time to time, which collectively govern your membership and accounts. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal Law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. You may be asked several questions and to provide one or more forms of identification to fulfill this requirement. In some instances, we may use outside sources to confirm the information. All verification procedures will comply with our Privacy Notice that protects the information you provide. MEMBERSHIP ELIGIBILITY AND ADDITIONAL SERVICES To join the Credit Union, you must be an individual or entity qualifying within the Credit Union s field of membership and must purchase and maintain at least one share (the Membership Share Account) as required by the Credit Union s Bylaws. To verify your eligibility or continued eligibility for membership, any account(s), service(s), or loan products, increases or decreases in services and/or credit limits, now and in the future, or as needed to comply with any applicable law, regulation or governmental agency requirements, you authorize us to make inquiry to determine your employment history and to A single party account is an account owned by one (1) member (individual, corporation, partnership, trust or other organization) qualified for Credit Union membership. With regard to individual consumer account ownership, upon the death of the account owner, the interest passes, subject to applicable law, to the decedent s estate or Payable on Death (POD) beneficiary/payee or trust beneficiary. This is subject to other provisions of this Agreement governing our protection for honoring transaction 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. JOINT ACCOUNT RIGHTS OF SURVIVORSHIP An account owned by two (2) or more parties is a jointly owned account. a) Rights of Survivorship. A joint account includes rights of survivorship. This means when one owner dies, all sums in the account will pass to the surviving owner(s). 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 Jointly Owned Accounts. Any joint owner is authorized or deemed to act for the other owner(s) and the Credit Union may accept orders and instructions regarding the account, requests for future services and any transaction from any account owner. Each owner guarantees the signature of the other owner(s). Any account owner may withdraw all funds in the account, stop payment on items drawn on the account, transfer, or pledge to the Credit Union all or any part of the deposits of any account without the consent of the other account owner(s), and the Credit Union shall have no duty in such event to notify any other account owner(s). The Credit Union reserves the right at any time to require written consent of all account owners for a change of ownership, termination of an account or require that all owners agree in writing to any transaction concerning the account. c) Joint Owner Accounts and Owner Liability. If a deposited item in a jointly owned account is returned unpaid, an account is overdrawn, or if we do not receive final payment on any transaction, each account owner is jointly and severally liable for the amount of the returned item, overdraft, or unpaid amount and any charges or fees, 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 owner or all funds in the jointly owned account regardless of who contributed them. PAYABLE ON DEATH (POD)/TRUST ACCOUNT DESIGNATION A POD or trust account designation is an instruction to the Credit Union that an account so designated is payable to the owner or owners during their lifetimes, and upon the death of the last account owner, payable to any surviving POD beneficiary named on the Account Card. A trust account designation means the trustee holds the account for the benefit of the named beneficiary. The Credit Union may require a separate trust agreement. Accounts payable to more than one surviving beneficiary are owned jointly by such beneficiaries without rights of survivorship. At no time shall the Credit Union be obligated to notify any beneficiary of the existence of any account, except as otherwise provided by law. Individual Retirement Accounts (IRAs) shall be governed by a separate beneficiary designation. ACCOUNT FOR MINORS The Credit Union reserves the right to require any minor account to be a joint account with an owner who has reached the age of majority under state law, who shall be jointly and severally liable to the Credit Union for any returned item, overdraft or unpaid charges and fees on the account. The Credit Union may make payments of funds directly to the minor without regard to his or her minority. Unless a parent or guardian is an account owner with the minor, the parent or guardian shall not have any access rights to the account. The Credit Union has no duty to inquire as to use or purpose of any

2 transaction by the minor or any account owner. We may require written authorization from all account owners to change the account status once the minor reaches the age of majority. UNIFORM TRANSFER TO MINOR ACCOUNT A Uniform Transfer to Minor Account (UTMA) is an individual account established by a member, as a custodian, by depositing funds as an irrevocable gift to a minor. The minor to whom the gift is made is the owner and beneficiary of the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor and, barring a court order otherwise, is the only party entitled to transact on the account. The Credit Union has no duty to inquire as to the use or purpose of any transaction by the custodian. The account may not be used as collateral for a loan to the custodian or minor. All transactions made by the custodian are specifically governed by the Indiana Uniform Transfers to Minors Act and the custodian will be held responsible for all funds in the account under that Law. In the event of the custodian s death, the Credit Union may place a hold on the account until instructions are received from any person authorized by law to withdraw funds or a court order authorizing such withdrawal. AGENCY DESIGNATION/SPECIAL ACCOUNT INSTRUCTIONS An agency designation is an instruction to the Credit Union that the account owner has authorized another person to make transactions as agent for the account owner. An agent has no ownership interest in the account and does not have Credit Union member voting rights. The Credit Union has no duty to inquire as to the use or purpose of any transaction by the agent. The Credit Union has the right to review and approve any form of power of attorney and may restrict any withdrawals or transfers on your accounts. You may request the Credit Union to facilitate certain trust, will, or court-ordered account arrangements. However, because the Credit Union does not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirement of your trust, will, or court order. If you ask the Credit Union to follow any instructions that the Credit Union believes might expose it to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, the Credit Union may refuse to follow your instructions or may require you to indemnify the Credit Union or post a bond or other protection. BUSINESS/ORGANIZATION/ASSOCIATION ACCOUNTS Accounts held in the name of a business, organization, or association are subject to all of the conditions contained in the Membership & Account Agreement, the Business Account Rate and Fee Schedule, and the Funds Availability Policy as they may apply. As a condition of account opening, the Credit Union reserves the right to request and receive appropriate documentary evidence satisfactory to the Credit Union to affirm the existence and status of the business entity, organization or association. No Payable on Death (POD) beneficiary designation or other designation shall apply to the account. We may require the governing body of the legal entity opening the account to give us a separate authorization telling us who is authorized to act on its behalf. We will honor the most recent written authorization until we receive written notice of a change from the governing body of the legal entity. Each account owner shall have equal access to the account; authorized signers will have equal access to the account, but will not be allowed to establish certain products on an existing account and will not have authority to establish a new account under the name of the legal entity. We have no duty or agreement to monitor or ensure that the acts of the authorized signers are for your benefit and you agree that the Credit Union may honor and charge against your account any items signed (electronically or otherwise), accepted, endorsed or authorized by an authorized signer without inquiry as to the circumstances of issue or use of the proceeds and regardless of to whom such items are payable or endorsed. You understand that the terms of this agreement apply to any owner or authorized signer and you agree that you are responsible for any transactions involving your account. We may accept for deposit any item payable to you or your order, even if they are not endorsed by you. We may give cash back to any owner or authorized signer. We may supply any missing endorsement(s) for any item we accept for deposit or collection, and you warrant that all endorsements are genuine. The Credit Union may not accept accounts which require the signature of more than one signer to authorize a withdrawal, or other special instructions. Earnings in the form of dividends or credits will be paid only on collected funds, unless otherwise provided by law or our policy. a) Facsimile Signatures. If you use a stamp or other device to imprint a facsimile of your signature on your checks, withdrawal slip or other form, you are responsible for the use of the stamp or other device. You agree that we may pay any check or other payment order bearing your facsimile signature regardless of who placed the signature on the check or payment order. b) Death, Incompetence or Cease of Business. You shall notify us promptly if any person with a right to withdraw funds on your account dies or becomes legally incompetent. We may continue to honor the instructions from any person authorized to withdraw funds from the account until we (1) know of the death or incompetence of such a person and (2) have had a reasonable opportunity to act on that knowledge. If your Business is a soleproprietorship, we may pay or certify checks drawn on or before the date of death or legal incompetence for up to 10 days after the date of death or incompetence declaration. You shall also promptly notify us if the business, organization or association merges into another entity, dissolves or ceases operations for any reason. c) Statement Review. You agree to examine your statement promptly after you receive it or we make it available to you. Unless we hear otherwise from you within thirty-three (33) calendar days from the date we mailed the statement or made it available to you, we will deem the statement and all transactions reflected therein, including the payment of any check or the amount of any deposit, to be accurate and proper. DEPOSIT OF FUNDS REQUIREMENTS Funds may be deposited into any account, in any manner approved by the Credit Union (see Note below regarding Mobile Deposit Service), in accordance with the requirements set forth in the Credit Union s Funds Availability Policy and Rate and Fee Schedule. Refusal of any item will be at the Credit Union s discretion. a) Endorsements. You authorize the Credit Union, at its discretion, to accept transfers, checks, drafts, and other items for deposit into any of your accounts, whether or not all payees endorse them. When you deposit items to your account, you warrant that all prior endorsements are genuine. The Credit Union reserves the right to verify all endorsements on third party checks presented for deposit either in person or by comparison with member signature files. If an insurance, government, and certain other checks or drafts require an endorsement as set forth on the back of the check, the Credit Union may require endorsement as set forth on the check. Endorsements must be placed in the space on the back of the check between the top edge/trailing edge and 1.5 inches from the top edge. The Credit Union may accept drafts or checks with endorsements outside this space. However, if any such endorsement or other markings you or any prior endorser make on the check causes any delay or error in processing the item for payment, you will be responsible for any loss incurred by the Credit Union due to the delay or error. b) Collection of Items and Foreign Transactions. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. Deposits made by mail or at un-staffed facilities are not our responsibility until we receive them. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. We may send any item for collection and impose a minimum check amount on any item sent for collection. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account. Items drawn on an institution located outside the United States are handled on a collection basis only. Transactions made in foreign countries and foreign currencies will be converted to United States dollars prior to posting to your account. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in United States dollars. You agree to any fees or adjustments related to the processing or settlement of these transactions as stated in the Rate and Fee Schedule, statement, or transaction receipt. 2

3 c) Restrictive Legends. We are not required to honor any restrictive legend on items you write unless we have agreed to the restriction in writing. Examples of restrictive legends are "must be presented within 90 days" or "two signatures required." 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 reserve the right to charge your account for the amount of such item and impose a return item fee to your account. We reserve the right to refuse or return any item or funds transfer. Receivers of ACH credits should be aware that the Credit Union might, from time to time, need to temporarily suspend processing of a transaction for greater scrutiny or verification in accordance with the laws and regulations of the Office of Foreign Assets Control. This action may affect settlement or availability of the transaction. e) Payroll Deduction/Direct Deposit. Through payroll deduction or direct deposit, you authorize the deposit of designated portions of your pay or your entire net pay to go directly from your employer or payer into your Credit Union accounts. You must authorize any payroll deduction or direct deposit to your accounts by a separate authorization form. Upon a filing of a bankruptcy, if you fail to cancel your authorization, you instruct your employer and the Credit Union to make and apply the funds in accordance with your authorization prior to your filing of bankruptcy. If we deposit any amount in your account which for any reason must be returned to the federal government, you authorize us to deduct the amount of our liability to the federal government from your account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability. You agree that any amount deposited into your account in error by payroll deduction, direct deposit or otherwise, does not belong to you and is not for your use. You authorize us to deduct the deposit from your account or from any other account you have with us, without prior notice and at any time. You agree that these funds are the property of the Credit Union and you are liable to the Credit Union for the deposit amount and the cost of legal expenses, if any, incurred by the Credit Union in recovery of the funds. f) Crediting of Deposits. Deposits made on Saturday, Sunday and federal holidays will be credited to your account on the next business day. Deposits made at a Shared Branching location after close of business for this Credit Union will be credited to your account on the next business day. Deposits received at un-staffed facilities, such as night depositories, will be credited the day funds are removed and processed by the Credit Union. Deposits received by mail or courier will be credited on the business day received and processed by the Credit Union. NOTE: If a check is deposited using the Credit Union s Mobile Banking / Mobile Deposit Service, the terms and conditions pertaining to such a mobile deposit are set forth in the Credit Union s Mobile Deposit Services Agreement. Federal Reserve Board Regulation CC does not apply to mobile deposits. ACCOUNT ACCESS You may make withdrawals or transfers from your account in any manner which is permitted by the Credit Union (i.e., check, Automated Teller Machines (ATMs), Point-of-Sale (POS), in person, by mail, telephone, automatic transfer, Shared Branching, Online Banking, Mobile Banking, or Bank-by-Phone, as applicable). If the Credit Union accepts for processing any written order to pay funds from your account that is not drawn on a form provided by the Credit Union or its designated check vendor, you will be responsible for any loss incurred by the Credit Union for handling the item. The Credit Union may return as unpaid any item that is not drawn on a form provided by the Credit Union or its designated check vendor. a) Authorized Signature. In order to process transactions for your account, the Credit Union must have your written or electronic signature on an Account Card. The Credit Union will not be liable for refusing to honor any item or instruction of yours if we believe your signature appearing on the item or instruction is not genuine. b) Shared Branching. You may be allowed to conduct transactions at CO-OPsm Shared Branching locations. Not all services may be available at all Shared Branching locations. The Credit Union may restrict access to Shared Branching services at any time. You will receive receipts for transactions conducted at Shared Branching locations and the transaction information will be reflected on your periodic statement. Cash back on all Shared Branching transactions may be limited to $1,000 per member, per day. All checks presented for deposit with cash back will be processed based on the balance of available funds in the account prior to the transaction. c) Credit Union Examination. The Credit Union may disregard information on any share draft or check other than the signature of the drawer, the amount of the item and any magnetic encoded information. You agree the Credit Union does not fail to exercise ordinary care in paying a share draft or check solely because its procedures do not provide sight examination of any item. WIRE TRANSFERS AND AUTOMATED CLEARING HOUSE (ACH) You may initiate or receive credits or debits to your account via wire transfer or ACH transfer. You agree that any outgoing wire or ACH transfer is processed at the Credit Union s discretion and you agree to any applicable provisions. You agree that the Credit Union will not be responsible for losses by any person or institution where a receiving financial institution posts or processes a payment order request. You also agree that after the Credit Union has accepted a payment order, no amendment or cancellation will be effective without the agreement of the Credit Union. Receivers of ACH transactions should be aware that the Credit Union might, from time to time, need to temporarily suspend processing of a transaction for greater scrutiny or verification in accordance with the laws and regulations of the Office of Foreign Assets Control. This action may affect settlement or availability of the transaction. The Credit Union will not be liable to you for any incidental, consequential or special damages resulting from late or improper execution or failure to execute a payment order. Credit given by us to you with respect to an ACH credit entry is provisional until we receive final settlement or otherwise receive payment for the entry. You are hereby notified and agree that, if such settlement or payment is not received, we are entitled to a refund in the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e. the originator of the entry) is considered not to have paid you the amount of such entry. Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, we are not required to give next day notice to you of receipt of an ACH item and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you. We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the State of Indiana as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account. When you initiate a wire transfer, you may identify either the recipient or any financial institution by name and by account or identifying number. The Credit Union (and other institutions) may rely on the account or other identifying number as the proper identification even if it identifies a different party or institution. You agree to pay any applicable fees related to these services as set forth on the Rate and Fee Schedule. Federal Reserve Regulation J governs wire transfers if the transfer is cleared through the Federal Reserve. Additionally, wire transfers that are made by consumers from the United States to other countries are considered "remittance transfers" under federal law, and enjoy consumer protections through the Bureau of Consumer Financial Protection s Regulation E. ACH transactions are governed by the rules of the National Automated Clearing House Association. 3

4 RATES AND FEES The Rate and Fee Schedule for all accounts sets forth certain conditions, rates, fees and charges applicable to your accounts. This schedule is incorporated as part of your account agreement with the Credit Union. You agree the Credit Union may change the Rate and Fee Schedule at any time and you will be notified of such changes as required by law. TRANSACTION LIMITATIONS a) Withdrawal Restrictions: The Credit Union will permit a withdrawal only if you have sufficient available funds in your account to cover the full amount of the withdrawal or have an established overdraft protection plan. Checks or other transfers or payment orders that are drawn against insufficient available funds will be subject to a service charge, set forth in the Rate and Fee Schedule. If there are sufficient available funds to cover some but not all of the withdrawal orders presented for payment, the Credit Union may pay those withdrawals for which there are sufficient available funds, using any order of payment determined at the Credit Union s discretion. The Credit Union may refuse to allow a withdrawal in some situations; for example: (1) any dispute between the owners about the account (unless a court has ordered the Credit Union to allow the withdrawal); (2) a legal garnishment or attachment is served; (3) the account secures an obligation to the Credit Union; (4) any required documentation has not been presented; (5) one or more of your Credit Union loans is delinquent. Any garnishment is subject to the Credit Union's lien or security interest in an account. You will be advised of the reason(s) for refusal if such action is taken. The Credit Union reserves the right to require members to give notice in writing of any intended withdrawals from any account (except checks) of not less than 7 days and up to 60 days, as required by law, before such withdrawal. b) Transfer Limitations: The Credit Union may limit the dollar amount or the number of transactions from your account. Please refer to our Truth-in-Savings Disclosure, your Electronic Fund Transfer Agreement and the Rate and Fee Schedule. OVERDRAFTS a) Overdraft Liability: If on any day, the available funds in your checking account are not sufficient to cover checks, ATM withdrawals, debit card transactions, ACH transactions, and other items posted to your account, those checks and items will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the Credit Union's midnight deadline with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds check. Your account will then be subject to a charge for the item whether paid or returned as set forth in the Rate and Fee Schedule. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. b) Overdraft Protection Plan: If you request and we approve, we will provide an overdraft protection plan for you. We will honor items drawn on insufficient funds in your checking account by transferring the necessary funds from a Membership or other savings (excluding Money Market Savings, escrow savings and IRA savings) account or Line of Credit loan of yours, if applicable, under the same account number as the checking account. The fee for overdraft transfers is set forth on the Rate and Fee Schedule. Transfers from a deposit account will be governed by this Agreement. Transfers from a Line of Credit loan will be governed by the credit agreement. c) Overdraft Privilege (ODP): Credit Union members may experience insufficient funds situations on their checking account. As a courtesy, the Credit Union may offer an additional overdraft service called Overdraft Privilege (ODP). ODP is not a loan, which means that the Credit Union does not engage in credit underwriting as a basis of determining your eligibility for ODP. ODP is a non-contractual service offered and provided to members who meet certain criteria and guidelines. Whether your overdrafts will be paid via ODP is discretionary and we reserve the right not to pay. ODP Eligibility Requirement: Your Overdraft Privilege (ODP) limit is automatically assigned according to your personal checking account type. You must meet the following criteria and maintain your account in good standing with the Credit Union, which includes, but is not limited to the following: You must be 18 years of age or older You have a Social Security number You have a valid United States mailing address and telephone number on file at the Credit Union You are not in default on any loan or other obligation to the Credit Union You are not subject to any legal or administrative order or levy You do not exceed your pre-determined Overdraft Privilege limit Overdraft Privilege may be restricted on specially designated accounts such as, but not limited to, trusts, estates, representative payees, organization and business accounts. Overdraft Privilege may be limited to just one checking account per member. Use of Your Overdraft Privilege Limit: Overdraft Privilege may be accessed once you have exhausted your other overdraft protection options, such as Membership Savings and/or Line of Credit, if applicable. Our standard Overdraft Privilege (ODP) practice is to pay checks, automatic bill payments and other transactions using your account number. We will not authorize and pay overdrafts for automated teller machine (ATM) and everyday debit card transactions unless you specifically elected this option. Items will be paid in the order they are presented to the Credit Union. The Overdraft Privilege fee (as stated in our current Rate and Fee schedule) will be assessed to your checking account for each item paid when available funds are insufficient. Any overdraft policy, agreement, procedure or plan represents a purely discretionary courtesy or privilege that the Credit Union may provide to you. This may be withdrawn or withheld by the Credit Union at any time without prior notice to you and without reason or cause. The Membership & Account Agreement shall control any possible conflict between a provision of this Agreement and any overdraft policy, agreement, procedure or plan provided. Obligation to Pay: The Credit Union reserves the right to pay items into overdraft, to impose overdraft fees (as stated in the Rate and Fee schedule), and to apply any later deposits or direct deposits (including deposits of Social Security or other government benefits) to those overdrafts or overdraft fees. The total of the discretionary overdraft (negative) balance, including any and all fees and charges, is due and payable upon demand. A notice will be delivered to you (by U.S. Mail or by notification, based on your preference) each time an item is paid through Overdraft Privilege. The notice will show the fee, date, transaction description and amount. You must bring your account balance positive within 30 days from the date of the first overdraft occurrence. Opt Out Arrangements: If you choose not to participate in Overdraft Privilege program, you are required to contact the Credit Union. The opt out is effective once it has been received and processed by the Credit Union. POSTDATED AND STALEDATED CHECKS You authorize us to accept and pay any check without regard to the date of the check even if the check is presented for payment before its date. The Credit Union is under no obligation to you to pay a check 4

5 drawn on your account, which is presented more than six (6) months after its date, but may charge your account for the payment unless you have placed an effective stop payment. STOP PAYMENT ORDERS a) Stop Payment Requests: You may ask the Credit Union to stop payment on any item drawn upon your account. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the account number, check number and exact amount. You understand that the exact information is necessary for the Credit Union s system to identify the item. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment on the item. If the stop payment order is not received in time for the Credit Union to act upon the order, the Credit Union will not be liable to you or to any other party for payment of the item. Stop payment requests submitted through Online Banking will be in effect by the end of the next business day following the day the request was submitted. b) Duration of Order: A verbal (telephone) or written check stop payment order or a stop payment request received via Online Banking or Bank-by-Phone will be effective for six (6) months. Verbal stop payment orders will be confirmed with you via notice sent by U.S. Mail within 2 business days. It is your responsibility to advise the Credit Union if any information appearing on the verbal stop payment confirmation notice requires correction. The Credit Union is not obligated to notify you when a check stop payment order expires. An ACH stop payment shall remain in effect until 1) written notice is received from the account holder to revoke the stop payment order, or 2) payment of the entry has been stopped, whichever occurs first. c) Liability: The Credit Union may assess a fee to process each order to add or remove a stop payment, as set forth in the Rate and Fee Schedule. You agree to indemnify and hold the Credit Union harmless from all costs, including attorneys fees, damages or claims related to the Credit Union s action in 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. d) Cashier s Checks: If you purchase an IU Credit Union Cashier s Check and it is subsequently lost, stolen or destroyed, you may file a Declaration of Loss with the Credit Union and request payment of the amount of the check. Reimbursement for the check may be delayed for a period of ninety (90) days from the date of the request. During this 90-day period, the Credit Union may pay the check to a person entitled to enforce it, which discharges all liability of the Credit Union with respect to the check. If the check has not been presented before the 90-day waiting period passes, the Credit Union is obligated to pay the amount of the check to the member who filed the claim and is no longer obligated to pay the check. If the check is then presented for payment by a holder in due course and the Credit Union honors the check, you will be obligated to return the funds to the Credit Union. If the Credit Union chooses to dishonor the check, you will be obligated to pay the holder in due course. CREDIT UNION LIABILITY FOR ERRORS If we do not properly complete a transfer to or from your account according to this Agreement with you, we may be liable for your actual losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (a) through no fault of ours, your account does not contain enough money to make the transaction; (b) circumstances are beyond our control; (c) your loss is caused by negligence of you or another financial institution; or (d) the funds in your account are subject to legal process or other claim. We will not be liable for consequential damages except liability for wrongful dishonor. Our actions constitute the exercise of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules, and general banking practices followed in the area serviced by the Credit Union. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and terms of this Agreement. Any conflict between verbal representation by you or our employees and any written form will be resolved by reference to this Agreement. CREDIT UNION LIEN AND SECURITY INTEREST To the extent you owe the Credit Union money as a borrower, guarantor, endorser, accountholder or otherwise, the Credit Union has a lien on any or all the funds in any account in which you have an ownership interest, regardless of the source of the funds, unless prohibited by law. The Credit Union may apply these funds in any order to pay your indebtedness. If the Credit Union chooses not to enforce its lien, the Credit Union does not waive its right to enforce the lien at a later time. In addition, you grant the Credit Union a security interest in your accounts and agree the Credit Union may use the funds from your accounts to pay any debt or amount now or hereafter owed the Credit Union, except for obligations secured by your residence, unless prohibited by applicable law. All accounts are non-assignable and non-transferable to third parties. Note Regarding Savings Product Established With Secured Credit Card Account: If you have applied and been approved for a Secured Credit Card Account from the Credit Union, you have signed a separate Agreement to pledge the restricted balance of a designated Savings product (the Collateral Account ) as security for your Secured Credit Card Account, regardless of the type or source of the funds deposited to it for this purpose. You understand that this grant of a security interest to the Credit Union is in addition to all other grants of security that you may have pledged with the Credit Union. You understand and agree that the Credit Union may use all funds in the Collateral Account to pay the Secured Credit Card debt and may apply these funds at any time or in any order. LEGAL PROCESS If any legal action, such as levy, garnishment or attachment is brought against your account, the Credit Union may refuse to pay out any money from your account until the dispute is resolved or may pay out funds according to the terms of the order. If the Credit Union incurs any expenses or attorneys fees in responding to legal process, such expenses may be charged against your account without prior notice to you, unless prohibited by law. Any legal process against your account is subject to the Credit Union s lien and security interest. Payment of fees resulting from the action will remain your responsibility. UNLAWFUL USE OF FINANCIAL SERVICES Inappropriate and/or Gambling Transactions. Certain federal and/or state laws such as the Unlawful Internet Gambling Enforcement Act or Third Party Service Providers Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law, or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as debits, charges or other transactions at or relating to a hotel-casino. You understand and agree such limitations/prohibitions are not within the Credit Union s control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s); or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your account and/or access devices. REMOTELY CREATED CHECK A remotely created check typically is created by a third party payee and is authorized by one of the account owners on which the check is drawn. Authorization of a remotely created check typically is made over the telephone or Internet. The check does not contain the signature of any account owner. In place of the account owner s signature, the item created usually bears a statement that the signer authorized the check and/or indicates the account owner s name. If a third party draws a remotely created check from your account, by your authorization, you may not revoke your authorization. You are responsible to resolve any issues relating to authorization directly with the third party. The Credit 5

6 Union is not required to credit your account and may charge against your account any remotely created check for which the third party has proof of your authorization. ACCOUNT INFORMATION Upon your request, the Credit Union will inform you of the name and address of each credit reporting agency from which the Credit Union obtains a credit report in connection with your account. The Credit Union agrees not to disclose account information to third parties except when: (a) it is necessary to complete the transaction; (b) the third party seeks to verify the existence or condition of your account in accordance with applicable law; (c) such disclosure is in compliance with the law or government agencies or court order; or (d) you give us written permission. NOTICES a) Name and Address Change: Federal law requires that we obtain a physical address for account holders and those who transact on the behalf of another. A Post Office Box address will be accepted for mailing purposes only and not as a substitute for the physical address. It is your responsibility to notify the Credit Union upon a change of address or change of name. The Credit Union is only required to attempt to communicate with you at the most recent address you have provided to us. Any change in address must be provided to the Credit Union in writing or electronically through Online Banking. Any change in name must be provided to the Credit Union in writing and may require a Credit Union approved form. Failure to provide your proper/legal name as recorded with the Social Security Administration could result in fees, penalties and/or closure of your account. b) Notice of Amendments: Except as otherwise prohibited by law, the terms of this Agreement are subject to change at any time. The Credit Union will notify you of any changes in terms, rates, or fees as required by law. The Credit Union reserves the right to waive any term in this Agreement. Any such waiver shall not affect the Credit Union s right to enforce any right in the future. c) Effect of Notice: Any written notice you give to the Credit Union is effective when it is actually received by the Credit Union. Any written notice the Credit Union gives you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. If you agreed to receive notices electronically, receipt is effective when an to your address on file with the Credit Union, advising that a new notice is available for your review through Online Banking, is sent. Notice to any one account owner is considered notice to all owners of the account. TAXPAYER IDENTIFICATION NUMBERS (TIN) AND BACKUP WITHHOLDING Your failure to provide a correct TIN or meet other requirements may result in backup withholding. If your account at IU Credit Union 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 do not have your TIN at the time your account is opened, you have thirty (30) days to provide it to the Credit Union. If we do not receive your TIN within thirty (30) days from your account opening date, your account may be closed and a check will be mailed for any funds remaining on deposit to the address we have on file. Generally, interest and dividends earned on an account should be reported to the IRS under the name and taxpayer identification number of the person who owns the principal in the account. This person should report the interest/dividends on his/her income tax return. STATEMENTS a) Contents: If we provide a periodic statement for your account, you will receive a record of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one statement is necessary for a multiple party account. For checking accounts, you understand and agree that your original check, when paid, becomes property of us and may not be returned to you, but copies may be retained by us or clearing financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are mailed or the date on which notification (advising that your statement is available) is sent. You understand and agree that neither the original paid checks nor copies or images of the paid checks will be returned with your periodic statement. b) Examination: You are responsible for examining each periodic statement and reporting any irregularities to the Credit Union. We will not be responsible for any forged, altered, unauthorized or unsigned items drawn on your account if: (1) you fail to notify us within thirtythree (33) days of the date the statement was made available to you, as defined above, regarding any forgery, alteration or unauthorized signature on any item described in the statement; or (2) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine. c) Notice to Us: You agree that our delivery of your statement without actual paid checks or their images 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 on any errors. If you fail to receive a periodic statement, you agree to notify us within fourteen (14) days of the time you regularly receive a statement. ELECTRONIC RECORDS You acknowledge and agree that we may, at our discretion, store all records electronically, and that we will not retain and have no obligation to retain any original documents for any period of time. This applies to all documentation including but not limited to checks, transaction records, Account Cards, member identification, notes, mortgages, deeds of trust and other loan and/or security documentation. We will routinely destroy all original documentation. We may store records electronically via imaging, scanning, filming or other technology used in the financial services industry for the storage of documentation via internal processes or third-party processors that we approve for these services. You agree that such storage shall be considered secure, and further agree that such records shall for all purposes be recognized and admissible as evidence or otherwise to prove the agreements, rights and obligations of the parties pursuant to any such records. INACTIVE, DORMANT AND ABANDONED ACCOUNTS If your cumulative account balance is below any applicable minimum balance as stated in the Rate and Fee Schedule and you have not made any transactions for a period of six (6) months, we may classify your account as inactive and charge an inactive account fee to your account. If your cumulative account balance is above the minimum balance as set forth in the Rate and Fee Schedule, and you have not had a withdrawal, deposit or transfer made on your account for a period of one (1) year, the Credit Union will classify your account as dormant. If your cumulative account balance is above the minimum balance as set forth in the Rate and Fee Schedule, and you have not had a withdrawal, deposit or transfer made on your account for a period of time determined by the State of Indiana and the Credit Union has been unable to mail you correspondence relating to your account because such correspondence has been returned for non-delivery, then your account will be considered abandoned. Funds in abandoned accounts will be reported and remitted to the State of Indiana in accordance with state law. Once funds have been turned over to the state, the Credit Union has no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency. SPECIAL ACCOUNT INSTRUCTIONS You may request that the Credit Union facilitate certain trust, will, or court-ordered account arrangements. However, because we do not provide 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 the Credit Union 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 6

7 instructions or may require you to indemnify us or post a bond or provide us with other protection. Account changes requested by you, or any account owner, must be evidenced by a signed Credit Union approved form and accepted by us. DECEASED ACCOUNT OWNER You agree that upon your death, your account will be payable in accordance with any existing account designations and the terms of this Agreement. The Credit Union may require the survivor or claimant to the account to produce certain documents before releasing the funds in the account. The Credit Union may pay checks, drafts or honor other payments or transfer orders authorized by a member for a period of ten (10) days after the date of the member s death unless we receive instructions from any person claiming an interest in the account to stop payment on the checks 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. TERMINATION OF ACCOUNT The Credit Union may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if (a) there is a change in owners or authorized signers; (b) there has been a forgery or fraud reported or committed involving your account; (c) any checks are lost or stolen; (d) there are excessive returned unpaid items not covered by an overdraft protection plan; (e) there has been any misrepresentation or any other abuse of any of your accounts; or (f) the Credit Union reasonably deems it necessary to prevent loss to the Credit Union. You may terminate your account at any time by notifying the Credit Union. The Credit Union reserves the right to require the consent of all joint account owners for termination of a joint account. The Credit Union is not responsible for payment of any check, withdrawal, or other item after your account is terminated. However, if the Credit Union pays an item or processes a transaction after termination, you agree to reimburse the Credit Union for the payment. TERMINATION OF MEMBERSHIP GOVERNING LAW This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws, including applicable principles of contract law, and regulations of the State of Indiana, and local clearinghouse rules, as amended from time to time. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Credit Union s main office is located (Monroe County, Bloomington, Indiana). SYSTEMS AND SOFTWARE We will not be responsible for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or software in order to initiate or process transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. CREDIT/CONSUMER REPORTING INFORMATION You authorize us to request and obtain one or more credit reports about you from one or more credit reporting agencies for the purpose of considering your application for Membership or additional products or services, reviewing or collecting any Account opened for you, or for any other legitimate business purposes. You authorize us to disclose information about your account to any credit and/or consumer reporting agency if your account was closed because you have abused it. The Credit Union has the right to deny membership and/or additional products or services based on information obtained from any credit and/or consumer reporting agency. NOTICE OF FURNISHING NEGATIVE INFORMATION We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. (End of Membership & Account Agreement) You may terminate your membership at the Credit Union after giving notice of your intent to withdraw from membership. You may be denied services or expelled from membership for any reason allowed by applicable law, the Credit Union s Bylaws or Board Resolutions, including causing a loss to the Credit Union. SEVERABILITY In the event that a court holds any portion of this Agreement to be invalid or unenforceable for any reason, 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. ENFORCEMENT You agree to be liable to the Credit Union for any loss, cost or expense that the Credit Union incurs as a result of your failure to follow this Agreement. You authorize the Credit Union to deduct any such loss, costs or expenses from your account without prior notice to you. In the event the Credit Union brings a legal action to enforce the Agreement or collect any amount due under this Agreement, the Credit Union shall be entitled, subject to applicable law, to payment of its reasonable attorneys fees and costs, including fees on any appeal, bankruptcy proceedings and any post-judgment collection actions. 7

8 FUNDS AVAILABILITY POLICY Your Ability to Withdraw Funds: Our policy is to make funds from your cash and check deposits available to you no later than the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. If deposited funds are not available to you on a given day, you may not withdraw the funds in cash and we may not use the funds to pay items that you have written or honor other withdrawals you request. Please note that even after we have made funds available to you, you are still responsible for items you deposit or cash that are returned to us unpaid. The day funds become available is determined by counting business days from the day of your deposit. Every day is a business day except Saturdays, Sundays, and federal holidays. If you make a deposit in person during normal business hours at an IU Credit Union location, we will consider that day to be the day of deposit for purposes of calculating when your funds will become available. However, if you make a deposit after normal business hours, on a Saturday, or on a day we are not open, we will consider that the deposit was made on the next business day we are open. Longer Delays May Apply: In some cases, we may not make all of the funds that you deposit by check available to you by the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $200 from the aggregate of all deposits made on any given day will generally be available no later than the next business day. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances. They will generally be available no later than the seventh business day after the day of your deposit. We believe a check you deposit will not be paid. You deposit checks totaling more than $5,000 on any one day. You redeposit a check that has been returned unpaid. You have overdrawn your account repeatedly in the last six months. There is an emergency, such as failure of computer or communications equipment used directly or indirectly by the Credit Union. We will notify you if we delay your ability to withdraw funds and we will tell you when the funds will be available. The notice shall be provided to you at the time of the deposit, unless the deposit is not made in person to an employee of the Credit Union, or, if the facts upon which a determination to invoke one of the reasons listed above to delay funds become known to the Credit Union after the time of the deposit. If the notice is not given at the time of the deposit, the Credit Union shall mail or deliver the notice to you no later than the first business day following the day the facts become known to the Credit Union, or the deposit was made, whichever is later. If you will need the funds from a deposit right away, you should ask us when the funds will be available. Special Rules for New Accounts: If you are a new member, the following special rules may 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 $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks may be available on the first 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 $5,000 will be available no later than the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 may not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available by the seventh business day after the day of your deposit. Deposits at IU Credit Union Automatic Teller Machines (ATMs): Funds from an IU Credit Union ATM deposit (cash or checks) will generally be available on the first business day after the day of deposit. Deposits at Shared Branch Locations: Funds from a check deposit made at a shared branch location will generally be available on the second business day after the day of deposit. In some cases, longer delays may apply. Refer to the Longer Delays May Apply section of this policy. Deposits at IU Credit Union Night Depositories: Funds from deposits at an IU Credit Union night depository are considered deposited on the banking day the deposit is removed and the contents of the deposit are accessible to the Credit Union for processing. Deposits prior to 9:00 a.m. ET on a business day will be considered received that business day. Holds on Other Funds (Check Cashing): If we cash a check 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 the item. Holds on Other Funds (Other Account): If we accept for deposit a check that is drawn on another financial institution, we may make funds from that deposit available for withdrawal immediately but delay 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 not be available until the time-period, described elsewhere in this policy, has lapsed. 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 from the deposit of a foreign check will be delayed based upon the time it takes us to collect the funds from the financial institution upon which the foreign check is drawn. SUBSTITUTE CHECKS AND YOUR RIGHTS What is a Substitute Check? To make check processing faster, federal law permits financial institutions to replace original checks with substitute checks. These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: This is a legal copy of your check. You can use it the same way you would use the original check. You may use a substitute check as proof of payment just like the original check. Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions. What are My Rights Regarding Substitute Checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example: return check fees). The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to dividends on the amount of your refund if your account is a dividend-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law. If you use this procedure, you may receive up to $2,500 of your refund (plus dividends, if your account earns dividends) within 10 business days after we receive your claim and the remainder of your refund 8

9 (plus dividends, if your account earns dividends) not later than forty-five (45) calendar days after we receive your claim. We may reverse the refund (including any dividends on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account. How Do I Make a Claim for a Refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at IU Credit Union, PO Box 368, Bloomington, IN , or toll-free MYCU (6928). You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this timeperiod if you were not able to make a timely claim because of extraordinary circumstances. Your claim must include: A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect). An estimate of the amount of your loss. An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss. A copy of the substitute check or the following information to help us identify the substitute check: (identifying information: for example, the check number, the name of the person to whom you wrote the check, the amount of the check). (End of Funds Availability Policy) 9

10 TRUTH-IN-SAVINGS DISCLOSURE The rates, fees and terms applicable to your account at the Credit Union are provided in the Truth-in- Savings Disclosure. The Credit Union may offer other rates for these accounts from time to time. The two key terms specific to Truth-in-Savings are Annual Percentage Yield (APY) and Annual Percentage Yield Earned (APYE). APY is a percentage rate reflecting the total amount of dividends to be paid on an account, based on the dividend rate and the frequency of compounding for a 365- day period and calculated according to the rules prescribed by the Federal Reserve Board in the regulation. APYE is the APY actually earned on an account during a specific period. 1) Rate Information: For dividend-bearing share accounts and certificates, refer to the Rate and Fee Schedule for current rate and annual percentage yield information. The dividend rate and annual percentage yield may change daily as determined by the Credit Union Board of Directors. 2) Nature of Dividends: Our Board of Directors declares dividends based on current income and available earnings of the Credit Union after providing for required reserves at the end of the month. The dividend rate and annual percentage yield reflect the earnings the Credit Union anticipates having available for distribution and are not guaranteed. 3) Dividend Compounding and Crediting: The compounding and crediting frequency of dividends and the dividend period applicable to each account are stated in the Rate and Fee Schedule. The Dividend Period is the period of time at the end of which an account earns dividend credit. Typically, the Dividend Period begins on the first calendar day of the period and ends on the last calendar day of the period. 4) Accrual of Dividends: Dividends will begin to accrue on the business day you make the deposit to your account. 5) Balance Information: Refer to the current Rate and Fee Schedule. 6) Balance Computation Method. Dividends are calculated by using the daily balance method. This method applies a daily periodic rate to the principal in the account each day. 7) Transaction Limitations: For Money Market Savings Accounts, during each calendar month, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of a pre-authorized or automatic transfer, telephonic order or instruction or similar order to a third party. If a transfer request would exceed the transfer limitations in any calendar month period, the Credit Union may refuse or reverse the transfer, and your account will be subject to suspension, charges, or closure by the Credit Union. 8) Fees: Certain fees may be assessed against your account. Refer to the current Rate and Fee Schedule. (End of Truth-In-Savings Disclosure) 10

11 ELECTRONIC FUND TRANSFER AGREEMENT This Electronic Fund Transfer Agreement is the contract which covers your and our rights and responsibilities concerning the electronic fund transfer (EFT) services offered to you by IU Credit Union. Electronic fund transfers are electronically initiated transfers of money from an account through the electronic fund transfer services described throughout this Agreement. An access device is a card, code, or other means that allows a member to access his or her account. An access device can also be a combination of card, code, or other means used by the member for the purpose of initiating electronic fund transfers. In this Agreement, the words you and yours mean those who sign the Account Card or use EFT services offered by the Credit Union. The words we, us, and our mean the IU Credit Union or anyone to whom the Credit Union may transfer this Agreement. The word account means any one or more savings and/or checking account(s) you have with the Credit Union. Transaction means use of the account, card, account number on the card, and personal identification number (PIN) when required, to access the account or monies in the account. Card means Debit Card and any duplicates, renewals, or substitutions the Credit Union issues to you. By signing an Account Card requesting EFT services, signing your Card, or using any service, each of you, jointly and severally, agrees to the terms and conditions in the Agreement and any amendments for the EFT services offered. About The Card and Your Account 1) The issued Card is property of the Credit Union. The debit card shall remain our property and shall be surrendered immediately to us upon our request. You cannot transfer your Card to another person and we may cancel and retrieve your Card at any time without notice to you. Use of the debit card is subject to the terms and conditions of your account, and any future changes to your account may affect your use of the Card. 2) PIN: You agree to keep the PIN assigned to your debit card a secret and guard its secrecy for your protection. You also agree that you will not write the PIN on the card or anything you keep with the card. You agree that your use of the Card, the account number on the card, the PIN or any combination of the three for payments, purchases, or to obtain cash constitutes your signature for purposes of such transactions. 3) You agree that the use of a digital signature algorithm (DSA) or other code used to authenticate a pre-authorized transfer in an electronic payment system provides the same assurance as a signature in a paper-based system. 4) If you allow someone other than yourself access to your card and/or PIN or use of your card at any time, you agree that any transaction performed by that person or an affiliate of that person, with or without your permission, is your responsibility and the Credit Union will not be liable for any such transaction that you may wish to dispute. 5) You warrant and agree that your card, other access device or any related account will not be used to make or facilitate any illegal transaction(s) as determined by applicable law, and that any such use, including any such authorized use, will constitute an event of default under this Agreement. Certain federal and/or state laws or Card Service Providers Rules may limit or prohibit certain transactions such as (but not limited to) those coded as possible gambling transactions. The Credit Union may decline to accept, process or pay any transaction that we believe to be illegal or unenforceable (regarding your obligation to pay us or otherwise) under applicable law, or which is otherwise limited or prohibited, including but not limited to any transaction involving or relating to any gambling activity. Such prohibition or limitations may affect some otherwise proper or allowable transactions such as charges incurred at a hotel-casino. You understand and agree such limitations/ prohibitions are not within the Credit Union s control and that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s), or for declining to accept, process, or pay any such transaction. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from any such use of your card and/or access. Types of Electronic Fund Transactions: By having access to and/or using any electronic service of the Credit Union, you agree to be bound by the terms and conditions of the Credit Union s Membership & Account Agreement, Rate and Fee Schedule, and (if applicable) the Online Banking Agreement and Disclosure, Online Banking Bill Pay Disclosure and Online Disclosure and Consent under the Electronic Signatures In Global and National Commerce Act. Some of these services may not apply to your account(s) and/or some of these services may not be available at all terminals. Minimum and maximum amounts may be placed on certain types of transactions. Debit Card: As a card user you are permitted to conduct account transactions or inquiries at any ATM displaying one of the network or brand marks appearing on your Card, or at any location that accepts Debit MasterCard. Point of Sale (POS) and ATM maximum daily withdrawal limits will be based on account status as determined by the Credit Union and may be segmented into various limit groups. Typically, a checking account must be maintained in order to have and use the Card. Your checking account will be designated as the Funding Account for any POS transaction and Fast Cash withdrawals at ATMs. Any overdraft availabilities or provisions are applicable to the authorization process for these transactions. Your available balance in your account may be reduced by the amount of any transaction as soon as the merchant has received authorization from us, even if the documentation evidencing the transaction has not yet been received and processed by us. A merchant is not required to receive prior authorization from us on every transaction. The authorization amount may differ from the actual transaction amount. When the documentation has cleared through us, any hold placed on your account for the amount of the purchase or other transactions will be released and your account debited for the actual transaction amount. Once a transaction has been authorized, you cannot place a stop payment on that transaction. If you have a problem with the quality of goods or services that you have purchased with your Card at a MasterCard merchant, you may have the right to reimbursement from the merchant. Certain limitations may apply. You agree to cooperate in our investigation and to provide us with receipts and signature examples upon request. If your request for this service is approved, you may use your Card, card number, PIN, or any combination of these to: 1) Withdraw cash up to your daily cash withdrawal limit at an ATM, not to exceed the available balance, from your designated account. 2) Make purchases or request cash back up to your daily POS limit, not to exceed the available balance, through POS transactions from your funding account. 3) Order goods or services by mail, telephone or Internet from places that accept Debit MasterCard. 4) Make deposits to your account at designated IU Credit Union ATMs. 5) Transfer funds between your accounts at designated ATMs. 6) Make a Credit Union loan payment at designated IU Credit Union ATMs. 7) Obtain a balance inquiry at an ATM. 8) Change your PIN at an IU Credit Union ATM. Currency Conversion and Cross-Border Transaction Fees: If you effect a transaction with your Debit MasterCard branded card in a currency other than US Dollars, MasterCard will convert the charge into a US Dollar amount. The MasterCard currency conversion procedure includes use of either a government-mandated exchange rate or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account. 11

12 MasterCard charges us a Currency Conversion Assessment (as shown on our current Rate and Fee Schedule) for performing the currency conversion. In addition, MasterCard charges us an Issuer Cross-Border Assessment (as shown on our current Rate and Fee Schedule) on all cross-border transactions regardless of whether there is a currency conversion. As a result, we may charge your account for both a Currency Conversion fee and a Cross Border Assessment fee, as applicable. The Cross-Border Assessment fee is charged for any transaction processed through the MasterCard Global Clearing Management System or the MasterCard Debit Switch when the country of the merchant or ATM (where the transaction is initiated) is different than the country of the card issuer (IU Credit Union). Card Limitations: Use of your card outside the United States of America may be subject to certain limitations. If you are traveling outside of the United States, you understand that you may contact the Credit Union for information concerning such limitations in various countries. Online Banking: The service allows you to access your accounts through a personal computer using a username and password. You agree to change your username and password during your initial session and regularly thereafter. If your request for this service is approved, you may perform the following on your account: 1) Obtain account balances and transaction history. 2) Initiate a transfer between accounts. 3) Change your username, password, and Enhanced Login Security features. 4) Update your account mailing address or telephone number. 5) Reorder checks for your checking account. 6) Send and read secure messages to the Online Banking mailbox. 7) Establish mobile banking access (for balance and account activity review, making transfers between accounts, and depositing checks using Mobile Deposit**) and use text and notification features. 8) Use Online Bill Pay service**. (IU Credit Union Checking Account is required) 9) Obtain a line of credit advance by transfer to your checking or savings accounts. 10) Request a stop payment**. 11) Sign up for and view your statement and other notices online, referred to as edocument Service. ** Refer to the Rate and Fee Schedule for any applicable fees or charges for this service. Bank-by-Phone: This service allows you to access your account through the telephone using your account number and an access code. You agree to change your access code during your initial session and regularly thereafter. If approved, you may perform the following on your account: 1) Obtain account balances and transaction history. 2) Initiate a transfer between accounts. 3) Initiate a withdrawal by check. 4) Change your access code. 5) Obtain a line of credit advance either by check or transfer to your checking or savings accounts. 6) Obtain Credit Card information and make a payment. Business Days: Our business days are Monday through Friday excluding federal holidays. Online Banking and Bank-by-Phone Availability: These services will generally be available 24 hours per day; however, service may be interrupted for a short time to complete periodic system maintenance. Electronic Check Conversion: If you pay for something with a check or share draft you may authorize your check or share draft to be converted to an electronic fund transfer. You may also authorize merchants 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 (verbally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization. Preauthorized EFTs: Preauthorized electronic fund transfers from your account to other parties must be authorized by you in writing and you must be provided with a copy by the party who obtains the authorization from you. To cancel any authorization you should contact the party to whom authorization was given. If regular payments may vary in amount, such as a utility bill, the party you are going to pay will 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. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, the person or company making the deposit will tell you every time they send the money to your account. Stop Payment of Preauthorized Payments: If you have authorized recurring payments to be withdrawn from your account, you can stop any of these payments. Here is how: Call us or write us in time for us to receive your request three (3) 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 provide it to us within fourteen (14) days after you call. There will be a charge for each stop payment order you initiate in accordance with our current Rate and Fee Schedule. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we may be liable for your actual losses or damages. Right to Receive Documentation: You may request a receipt at the time you make a transaction using an ATM or POS terminal. You will receive a quarterly statement on your savings account if you have requested electronic fund transfer service but you make no EFT transactions during a quarter; or your only electronic transaction during a quarter is a pre-authorized credit. You will receive a monthly statement on any account when electronic fund transfers occur (savings or checking). Fees: Use of electronic fund transfer services may result in fees being charged against your account. You are advised of these fees when you open your account. You will be advised of any changes in fees by notice or publication in your monthly or quarterly statements, as required by law. A current Rate and Fee Schedule is available upon request. When using ATMs not owned by us, you may be assessed a fee by the owner of that ATM. Additionally, where applicable, a fee may be imposed by any national, regional, or local network used to complete the transaction and you may be charged a fee for a balance inquiry even if you do not complete a financial transaction. Disclosure of Account Information to Third Parties: We will not disclose information to third parties about your account or the transfers you make unless: it is necessary for completing transfers, or it is necessary to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or we are required to comply with validly issued subpoenas or court orders, or you give us your written permission. Credit Union Liability: If we do not properly complete a transfer to or from your account according to our agreement with you, we may be liable for your actual losses or damages. However, there are some exceptions. We will not be liable, for example: If, through no fault of ours, your account does not contain enough money to make the transfer. If the funds to be transferred are subject to legal process or other encumbrance restricting the transfer. If the transfer would go over the credit limit on your overdraft line. If any merchant or financial institution refuses to honor the Card or retains the Card. If malfunctioning or inoperable equipment occurs. 12

13 If circumstances beyond our control such as fire or flood prevent the transfer. If the ATM where you are making the transfer does not have enough cash. Lost or Stolen Cards or Unauthorized Use: You are responsible for all transfers you authorize using your Card under this Agreement. If you permit other persons to use your Card or your PIN you are responsible for any transactions they authorize or conduct on any of your accounts. However, it is important to you and to the Credit Union that you tell us at once when: you believe your card or PIN has been lost or stolen, or you know that someone, to whom you have not given authority, has taken or may take money from your account(s). Contacting us immediately is the best way of keeping your possible losses down. Call or MYCU (6928) for your protection. To cancel a lost or stolen Card during Credit Union nonbusiness hours, call ; Outside the US, call You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within two business days of the loss or theft of your card, you can lose no more than $50 if someone used your card without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your card, and we can prove we could have stopped someone from using your card without your permission if you had told us, you could lose as much as $500. Also, if your statement shows one or more transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement (on which the first unauthorized transfer appears) was mailed or made available to you, you may not get back any money you lost after the 60 day period referenced above, 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 notifying the Credit Union, the time periods may be extended. MasterCard Zero Liability: If a transaction is made with your card without your permission, you will have no liability for the transaction provided that: You exercised reasonable care in safeguarding your debit card from risk of loss or theft, and Upon becoming aware of such loss or theft, you promptly reported the loss or theft to IU Credit Union. For DEBIT MASTERCARD BUSINESSCARD users 1) MasterCard s Zero Liability policy covers Debit MasterCard BusinessCard transactions. If a transaction is made with your card without your permission, you will have no liability for the transaction provided that: You exercised reasonable care in safeguarding your debit card from risk of loss or theft, and Upon becoming aware of such loss or theft, you promptly reported the loss or theft to IU Credit Union. 2) The Credit Union may require written confirmation of the unauthorized transactions before providing provisional credit. 3) You agree that by allowing anyone to use your Card, you will be responsible for all authorized and unauthorized transactions made through the use of your Card. 4) You agree to notify us promptly in writing of any user of a Card who is no longer employed by you or authorized to conduct business on your behalf. 5) You agree to assist in any investigation and prosecution of claims for unauthorized transactions relating to your account. (End of MasterCard Zero Liability Terms) BUSINESS PURPOSE USAGE RESTRICTIONS: YOU AND ALL YOUR CARDHOLDERS AGREE THAT YOUR CARDS ARE TO BE USED ONLY BY BUSINESS OWNERS, OR ANY AUTHORIZED SIGNERS, AND ONLY FOR BUSINESS PURPOSE TRANSACTIONS. THE CARD MAY NOT BE USED FOR PERSONAL OR CONSUMER PURPOSES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE CARD WILL NOT BE TREATED AS A CONSUMER CARD; THUS TRANSACTIONS WILL NOT BE COVERED UNDER THE CONSUMER PROTECTION PROVISIONS OF CERTAIN STATE AND FEDERAL LAWS. YOU AGREE TO PROVIDE WRITTEN INSTRUCTIONS TO ALL CARDHOLDERS THAT THE CARD SHALL NOT BE USED FOR CONSUMER PURPOSES. Error Resolution In Case of Errors or Questions about Your Electronic Transfers Telephone us at or MYCU (6928) or Write us at PO Box 368, Bloomington, IN Contact us 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. 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. (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 determine whether an error occurred within 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 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 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three 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. PIN Fraud Mitigation Never share your PIN with anyone. Select a PIN that cannot be easily guessed (that is, do not use birth date, partial account numbers, sequential numbers like 1234, or repeated values such as 1111). Memorize your PIN. Do not write it down on your card or keep it on a piece of paper in your wallet. Do not use your PIN as a password to access other online services. Be aware of others nearby when entering your PIN at an ATM or point of sale. Check your monthly statements for unauthorized charges. ATM Safety Notice Be aware of your surroundings, particularly at night. Consider having someone accompany you when the ATM is used after dark. 13

14 If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction. Refrain from displaying your cash at the ATM. 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, consider using another ATM 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. (End of Electronic Fund Transfer Agreement) *************************************************************************************************** IU Credit Union is a state chartered credit union and regulated by the Indiana Department of Financial Institutions. Member accounts are federally insured by the National Credit Union Share Insurance Fund in accordance with guidelines as set by the fund. IU Credit Union PO Box 368 Bloomington, IN or MYCU (6928) iucu.org 14