ACCOUNT DISCLOSURE AND DEPOSIT AGREEMENT A
Table of Contents Information Regarding Member Identification... 1 General Disclosure About All Our Accounts... 1 About Our Share Accounts... 3 Savings Account... 3 Premier Savings Account... 3 You Name It Savings Account... 4 Savings Accounts for Youths... 4 Holiday Club Account... 4 Money Market Account... 4 Custodial Account... 4 Accumulative IRA Accounts... 5 About Our Checking (Share Draft) Accounts... 5 M-Account... 5 Smart Rewards Checking Account... 5 Your Choice Checking Account... 5 FLOW Account... 6 About Our Share Certificate Accounts... 6 Pick-A-Term Certificate and Pick-A-Term IRA Certificate Accounts... 6 5-Month Liquid Certificate Account... 7 Electronic Fund Transfer Disclosure and Agreement... 8 Additional Disclosures Applicable to ACH Services... 10 Additional Disclosures Applicable to ATM and POS Services... 11 Additional Disclosures Applicable to Audio Response "VIP"... 12 Additional Disclosures Applicable to Meriwest VISA Check Card Services... 12 Additional Disclosures Applicable to Home Banking "Meriwest Online"... 13 Additional Disclosures Applicable to Bill Payer... 13 Additional Disclosures Applicable to Mobile-Meriwest... 15 Additional Regulations Relating to Fund (Wire) Transfers... 16 Meriwest Remote Deposit Capture User Agreement... 19 CO-OP Shared Branching... 24 Your Ability to Withdraw Funds... 24 Important Notice About Your Account(s) or Safe Deposit Box (California Residents)... 25 General Terms and Conditions of Your Credit Union Accounts... 26 Share Account Agreement... 30 Share Draft Account Agreement... 30 Share Certificate Account Agreement... 34 Safe Deposit Boxes... 34 Taxpayer Identification Number (TIN) and Backup Withholding... 33 i
YOUR TRUTH-IN-SAVINGS DISCLOSURE To open your account, complete the Membership/Ownership Application and return it to our Financial Services Representative. Please read this brochure completely and retain it with your personal records. All agreements and disclosures shall be construed in accordance with the provisions of the California Uniform Commercial Code (UCC). Share accounts, share draft ("checking") accounts and share certificate accounts are subject to the requirements below and such other terms and conditions as established by the Board of Directors and as contained in the account agreements. Information Regarding Member Identification 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. What this means for our Members: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver s license or other identifying objects. General Disclosure About All Our Accounts Membership/Ownership Application The terms, conditions and information contained in the Membership/Ownership Application, and all amendments thereto, are by this reference hereby incorporated in their entirety into this Account Agreement and become an integral part of the General Terms and Conditions of your Credit Union Accounts. Membership Eligibility Membership in Meriwest Credit Union is open to all individuals who: Live, regularly work, currently attend school, or regularly worship in Santa Clara, Alameda, Contra Costa, San Mateo, or San Francisco, California counties, or Pima County, Arizona; or Are employed by public or private technology-based entities with a location in California or Arizona (and the entities themselves) as defined in the Meriwest Credit Union Bylaws; or Are both active and retired employees of International Business Machines Corporation ( IBM ) and partially or wholly owned subsidiaries who live within our geographic field of membership; or Are employees of or individuals receiving a pension, retirement, or annuity from affiliated companies or Select Employer Groups ( SEG ) as approved by the Credit Union s Board of Directors; or Are an immediate family member (spouse, child, sibling, parent, grandparent, grandchild, first or second cousin, stepparent, stepchild, or any adopted relationship) of an eligible individual (living or deceased) who is not a member of the Credit Union, yet qualifies under any of the approved affiliated companies or SEG; or Are a family member, domestic partner, or unrelated persons sharing the same household of a qualified Meriwest Credit Union member. Membership is established in Meriwest Credit Union by paying a $5 nonrefundable membership entrance fee. Bylaw Requirements An applicant shall be admitted to membership upon the payment of a membership entrance fee, the amount of such fee to be established from time to time by the Board of Directors. General Requirements Shares may be transferred only from one member to another, by written instrument in such form as the Credit Union may prescribe. No transfer of voting rights or other membership privilege is permitted by virtue of transfer to or co-ownership of share by nonmembers. The Credit Union reserves the right, at any time, to require members to give, in writing, not less than 7 days and not more than 60 days notice of intention to withdraw the whole or any part of the amounts so paid in by them. No member may withdraw shareholdings that are pledged as required for security on loans without the written approval of the credit committee or a loan officer, except to the extent that such shares exceed the member s total primary and contingent liability to the Credit Union. No member may withdraw any shareholdings below the amount of his/her primary or contingent liability to the Credit Union if he/she is delinquent as a borrower, or if borrowers for whom he/she is co-maker, endorser, or guarantor are delinquent, without the written consent of the credit committee or loan officer. 1
Suspension or Denial of Credit Union Services The privilege of Meriwest Credit Union services must be reserved for members who are in good standing. We reserve the right to suspend or deny the benefit of any Credit Union service at any time and/or expel you from membership, and, if appropriate, restrict your access to Credit Union premises if you are not deemed to be in good standing. You will not be considered to be in good standing with this Credit Union if: You fail to meet any of your obligations to the Credit Union; You fail to comply with applicable law or the Credit Union s bylaws and rules as amended from time to time; You cause willful destruction or damage to Credit Union property; You cause the Credit Union a pecuniary loss in any way, including but not limited to, loan charge-off, account overdrafts, or bankruptcy; or You fail to conduct your business with the Credit Union in a civil and business-like way. You engage in abusive behavior, which includes, but is not limited to, violence or threats of violence against Credit Union staff, volunteer or other members. The denial of services includes the cessation of dividend payments on any share account(s) held in your name in this Credit Union. If, however, you reaffirm the obligation or you otherwise voluntarily repay the loss in such a manner that this Credit Union sustains no loss or expense with respect to the obligation, the credit union may, at its discretion, provide eligibility for such services through requalification. You may still exercise your basic membership rights (maintaining a share account and voting at annual or special meetings). However, you cannot open any other accounts while services are suspended. While services are suspended, you will be eligible only for a regular share savings account, with no ATM access. Meriwest Credit Union further reserves the right to restrict or close any Account(s) and terminate your membership if we discover that any of your Accounts have been deliberately manipulated by you to our, any other accountholder s, and/or our membership s detriment. Manipulation includes, but is not limited to, making unauthorized withdrawals or other transactions, kiting, and repeated patterns of transactions which have no apparent business reason other than to take advantage of Regulation CC hold periods and/or interest float to our detriment. Violence, or threats of violence, against Credit Union staff, volunteer or other Members will not be tolerated. Inactive Member Status Any member who does not have any share or loan services with the Credit Union for a period of 12 consecutive months may be transferred to inactive status and the membership may be closed. Accrual of Dividends Dividends begin to accrue no later than the business day we receive provisional credit for the deposit of non-cash items (e.g., checks). Cash, wire transfer, certified checks and checks drawn on Meriwest Credit Union are considered collected funds and start earning dividends immediately upon deposit to a dividend-earning account. For dividend purposes, uncertified deposits will be considered collected after 48 hours, excluding weekends and holidays. If you close your share or checking account before dividends are credited, you will not receive accrued dividends. Dividend Rates The dividend rate and annual percentage yield (APY) on our share, checking and share certificate accounts are stated in the Rate Schedule. Dividends are paid from current income and available earnings after required transfers to reserves at the end of a dividend period. Rate Information Our share accounts and dividend-earning checking accounts are variable-rate accounts. The dividend rate and annual percentage yield (APY) are established at the Credit Union s discretion and are subject to change at any time without notice. The dividend rate on all dividend-earning accounts is set on a tiered basis. If the average daily balance in your dividend-earning account is equal to or greater than the minimum balance stated for any given tier, the dividend rate and APY paid for that day on the entire principal balance will be as quoted for the highest applicable tier. Please refer to the Rate Schedule which accompanies this agreement and is incorporated herein for the dividend rates, APYs, and tiers for these accounts. The Rate Schedule (insert) is regularly updated and made available at the Credit Union s office, by telephone at 877-MERIWEST (877-637-4937), or online at www.meriwest.com. Dividend Computation Dividends are calculated by the average daily balance method which applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the balance in the account for each day of the period and dividing that figure by the number of days in the period. Dividend Compounding and Crediting Dividends will be compounded daily and credited to your share accounts and dividend-earning checking accounts the last day of each month. For these types of accounts, the dividend period is monthly. For example, the beginning date of the first dividend 2
period of the calendar year is January 1 and the ending date is January 31. All other dividend periods follow this same pattern of dates. The dividend declaration date follows the ending date of a dividend period. The most recent dividend declaration date is reflected in the Rate Schedule (insert). Deposits and Withdrawals Deposits can be made by a variety of methods. Examples of ways to make deposits include automatic payroll deposit, ATM, ACH, direct deposit, in person, mail, wire transfer, mobile device ("Mobile-Meriwest") or through personal computer ( Meriwest Online ) or VIP audio response by transferring between your accounts. We may endorse checks or drafts for you which we receive for deposit. Withdrawals can be made by a variety of methods. Examples of ways to make withdrawals include ATM, ACH, in person, mail, wire transfer, personal computer ( Meriwest Online ), VIP audio response, check, draft, debit card, check card, or by telephone. Deposits of Non-U.S. Items - We may refuse to accept for deposit or collection a check or other item that is payable in currency other than U.S. Dollars or an item that is not drawn on a financial institution chartered in the U.S. (each, a non-u.s. item ). If we accept a non-u.s. item for deposit or collection, you accept all risk associated with foreign currency fluctuation (exchange rate risk) and with any late return of the non-u.s. item. You agree that we may use our current buying and selling rate, as applicable, when processing a non-u.s. item and may recover from your Account any loss we incur as a result of processing such an item for you. We reserve the right to place longer holds on non-u.s. items than the time frames specified in our Funds Availability Policy for deposited items. Account Products Meriwest Credit Union offers both consumer and business account products. Our consumer account products are listed below. Our business account products are described in the Business Account Agreement & Disclosure. Please contact a Financial Services Representative for more information about our business services. Subaccount Services Meriwest Credit Union Checking Accounts consist of a transaction sub account and a savings sub account. Funds not routinely needed to pay debits may be transferred to a savings sub account. We may periodically transfer funds between these two sub accounts. If your Account is a Plan on which dividends are paid, your dividend calculation will remain the same. Otherwise, the savings sub account will be non-dividend bearing. The savings sub account will be governed by the rules governing our other savings accounts indicated within the Withdrawals Section of your Account Agreement. This process will not affect your available balance, the dividends you may earn, NCUA insurance protection, your monthly statement, or any other features of this Account. About Our Share Accounts Meriwest Credit Union s share accounts let you deposit your money in a savings account and withdraw your money generally at any time. Our share accounts are Savings, You Name It Savings, Savings for Youths, Holiday Club, Money Market Account, Custodial, Premier Savings and Accumulative IRA Accounts. Transaction Limitations No more than six preauthorized, automatic, online or telephonic transfers made to another account at the Credit Union or to a third party or no more than six transfers or withdrawals made by check, draft, debit card or similar order payable to a third party may be made from each savings account or money market account in any calendar month. If an Account Holder exceeds, or attempts to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee as stated on the Fee Schedule which accompanies this agreement and is incorporated herein, may be imposed on the excess transfer requests, and the Credit Union may reclassify or close the account. Transfers initiated by telephone must be counted among the six monthly transfers, except that there are no limits on the number of withdrawals paid directly to an Account Holder when initiated by mail, telephone or messenger. There are no limits on the number of withdrawals if initiated in person. Savings Account Minimum Balance and Deposit Requirements There is no minimum requirement for deposits in a Savings Account. You must maintain a minimum average daily balance of $100 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Service fees associated with this account, and how to avoid them, are stated in the Fee Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Premier Savings Account The Premier Savings Account is offered only to new members during the first thirty (30) days from the date of opening a membership account. Minimum Balance and Deposit Requirements There is no minimum requirement for deposits in a Premier Savings Account. You must maintain a minimum average daily balance of $100 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Service fees associated with this account, and how to avoid them, are stated in the Fee Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. 3
You Name It Savings Account Minimum Balance and Deposit Requirements There is no minimum requirement for deposits in a You Name It Savings Account. You must maintain a minimum average daily balance of $100 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Service fees associated with this account, and how to avoid them, are stated in the Fee Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Savings Accounts for Youths A parent or legal guardian must sign on this account as a joint owner if a loan, credit card, checking account, ATM Access or other service is requested. Minimum Balance and Deposit Requirements There is no minimum requirement for deposits in a Savings Account for Youths. You must maintain a minimum average daily balance of $5 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Account Limitations Membership may be maintained in a Savings Account for Youths if you are under 24 years of age. Holiday Club Account Minimum Balance and Deposit Requirements The minimum deposit to open a Holiday Club Account is $5. You must maintain a minimum average daily balance of $5 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Transaction Limitations Funds will be transferred to the savings account or checking account of your choice on or about November 10th each year. No withdrawals may be made prior to November 10th. If a withdrawal is necessary, the full balance must be withdrawn and the account will be closed. If deposits are made by automatic means such as payroll deduction, the account will be automatically renewed unless you terminate the automatic authorization. Account Limitations Holiday Club Accounts may be opened at any time during the year. You must have an active savings account or checking account to open this account. Funds in this account may not be pledged as collateral for a loan or used as overdraft protection for your checking account. Money Market Account Minimum Balance and Deposit Requirements The minimum deposit to open a Money Market Account is $2,500. You must maintain a minimum average daily balance of $2,500 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Service fees associated with this account, and how to avoid them, are stated in the Fee Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Account Limitations Funds in this account may not be pledged as collateral for a loan. Custodial Account Minimum Balance and Deposit Requirements The minimum deposit to open a Custodial Account is $5. You must maintain a minimum average daily balance of $5 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Service fees associated with this account, and how to avoid them, are stated in the Fee Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Account Limitations Custodial accounts fall under the California Uniform Transfers to Minors Act. The account must be established with the social security number of the minor. Accounting of funds is solely the responsibility of the custodian. Funds in this account may not be pledged as collateral for a loan or used as overdraft protection for your checking account. 4
Accumulative IRA Account Minimum Balance and Deposit Requirements The minimum deposit to open an Accumulative IRA Account is $5. You must maintain a minimum average daily balance of $5 in this account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Account Limitations You must have an active savings account or checking account to open an Accumulative IRA Account. Funds in these accounts may not be pledged as collateral for a loan or used as overdraft protection for your checking account. Incorporation of IRA Agreement and Disclosures All other terms and disclosures for our Accumulative Individual Retirement Accounts are contained in the Credit Union s Individual Retirement Account agreement and disclosure statement, which by this reference is incorporated into this account disclosure in its entirety. When you open your Accumulative Individual Retirement Account, the Credit Union agreement and disclosure statement will be provided to you. About Our Checking (Share Draft) Accounts Meriwest Credit Union offers the following checking accounts which let you withdraw your money and write checks against your account at any time. Our checking accounts are M-Account, Smart Rewards, Your Choice Checking and FLOW Account. M-Account The M-Account is offered to eligible accountholders who conduct transactions electronically and elect to receive electronic statements (e-statements). The M-Account is a non-dividend earning account. Minimum Balance and Deposit Requirements The minimum deposit to open a M-Account is $20. There are no minimum balance requirements to maintain a M-Account. Service fees associated with this account, and how to avoid them, are stated in the Fee Schedule. Please refer to the Fee Schedule for applicable fees. Account Limitations Checks are not available for this account. If you should access your account through checks, you will be assessed a per check fee stated on the Fee Schedule. Access to the M-Account is available through the Meriwest Debit Card only. If you terminate e-statements or your e-mail address cannot accept delivery of the e-statement notice, your account will be converted to paper statements and you will be charged the Service Fee stated on the Fee Schedule. Smart Rewards Checking Account Minimum Balance and Deposit Requirements The minimum deposit required to open a Smart Rewards Checking Account is $20. There are no subsequent minimum deposit requirements or minimum balance requirements. You must maintain a minimum average daily balance of $100 in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Please refer to the Rate and Fee Schedules for applicable dividend rate, APY, tiers and fees. Account Eligibility To obtain the higher dividend rate on account balances up to $15,000 and receive ATM fee refunds, you must meet all of the following criteria: Must elect to receive statements electronically (e-statements); Must have at least ten (10) debit card purchases, ten (10) point-of-sale (POS) transactions or a combination of both, totaling ten (10) posted and cleared during the monthly statement cycle; and Must have a minimum of one (1) monthly direct deposit or automated debit from or credit (ACH) into the account. If you do not meet the above monthly qualifications of the account, your account will earn the lower dividend rate as stated on the Rate Schedule and ATM fees will not be refunded. If you meet the above monthly qualifications and have an account balance exceeding $15,000, you will receive ATM fee refunds; however, you will earn the lower dividend rate on the balance in excess of $15,000 as stated on the Rate Schedule. Dividends and ATM fee refunds will be calculated and credited at the end of the monthly statement cycle. Your Choice Checking Account Minimum Balance and Deposit Requirements The minimum deposit to open a Your Choice Checking Account is $20. This account does not earn dividends and there are no subsequent minimum deposit requirements or minimum balance requirements. Service fees associated with this account, and how to avoid them, are stated in the Fee Schedule. Please refer to the Fee Schedule for applicable fees. 5
FLOW Account The FLOW Account is a debit card access account available to teens and young adults 13 to 24 years of age. Upon reaching 24 years of age, the FLOW Account will automatically be converted to a M-Account. Minimum Balance and Deposit Requirements The minimum deposit to open a FLOW Account is $20. This account does not earn dividends and there are no subsequent minimum deposit requirements, minimum balance requirements, or service fees. Account Limitations Checks are not available for this account. Access to the FLOW Account is available through the Meriwest FLOW Debit Card for purchases only. About Our Share Certificate Accounts Meriwest Credit Union s share certificate accounts let you deposit your money for a specified period of time. Our share certificate accounts are Pick-A-Term Certificates, Pick-A-Term IRA Certificates, and 5-Month Liquid Certificates. Annual Percentage Yield The annual percentage yield is based on an assumption that dividends will remain on deposit until maturity. If you make a withdrawal from your account, your earnings will be reduced. You have the option of having your dividends credited to your certificate, savings or checking account. Maturity You have the option of choosing the maturity of your certificate. Please refer to the Rate Schedule for the variety of terms offered. The maturity date will be stated on the certificate provided to you at the time of opening your account. Rate Information Our share certificate accounts are fixed-rate accounts. You will be paid the certificate dividend rate and annual percentage yield (APY) until maturity. Please refer to the Rate Schedule for the dividend rates and APYs for these accounts. The Rate Schedule is regularly updated and made available at the Credit Union s office, by telephone at 877-MERIWEST (877-637-4937) or online at www.meriwest.com. Dividend Computation Dividends are calculated by the daily balance method which applies a daily periodic rate to the balance in the account each day. Dividend Compounding and Crediting Dividends will be compounded daily and will be credited monthly and at maturity. Minimum Balance and Deposit Requirements The minimum deposit to open a share certificate account is indicated in the Rate Schedule. You must maintain the minimum daily balance in the account to obtain the annual percentage yield (APY) stated in the Rate Schedule. Please refer to the Rate Schedule for applicable dividend rate and APY. You must maintain the minimum daily balance stated on the Rate Schedule to avoid closure. Exceptions to Penalties The penalties stated below will not apply if: 1. The withdrawal is made subsequent to the death or total disability of any owner of the share certificate account, or is made pursuant to the Credit Union s bylaws. 2. The share certificate account is part of a pension plan which qualifies, or is qualified, to specific tax treatment under Section 401(d) or 408 of the Internal Revenue Code and withdrawal is made to effect distribution of the funds evidenced by such account following the participant s death or disability or upon attaining not less than 70½ years of age, or 3. Such withdrawal is made as a result of the voluntary or involuntary liquidation of the Credit Union issuing the account. Pick-A-Term Certificate and Pick-A-Term IRA Certificate Accounts Account Limitations You may not make deposits into this account after opening. You may make withdrawals of dividends from your account at any time without Credit Union penalty. Funds in certificate accounts may not be used as overdraft protection for your checking account. Funds in IRA Accounts may not be pledged as collateral for a loan. 6
Renewal of Account/Grace Period You will be notified at least ten days prior to the maturity date. Your certificate will automatically be renewed at maturity for the same time period as the original term at the prevailing rate under the current terms if you are continuing the program and you have not notified the Credit Union of your intention to withdraw the balance. You have a grace period of ten days after maturity to withdraw funds without being charged a penalty. Dividends will not be earned during the grace period if funds are withdrawn during this time. Early Withdrawal Penalty An Early Withdrawal Penalty will be imposed if you withdraw principal from your account before the maturity date. For accounts opened or matured prior to July 31, 2014, the penalty imposed shall be as follows: If the qualifying period is one year or less, you will forfeit an amount equal to a) all dividends for 90 days on the amount withdrawn; or b) all dividends on the amount withdrawn since the date of issuance or renewal with a minimum equal to 7 days dividends. If a withdrawal reduces the balance below the required minimum, the account shall be closed and a loss of dividends as in a or b above, whichever is less, will be assessed on the entire amount in the account. If the qualifying period is more than one year, you will forfeit an amount equal to a) all dividends for 180 days on the amount withdrawn; or b) all dividends on the amount withdrawn since the date of issuance or renewal, whichever is less, with a minimum equal to 7 days dividends. If a withdrawal reduces the balance below the required minimum, the account shall be closed and a loss of dividends as in a or b above, whichever is less, will be assessed on the entire amount in the account. For accounts opened on or after August 1, 2014, the penalty imposed shall be as follows: The penalty imposed shall be equal to a percentage of the amount of principal withdrawn. The applicable percentage is calculated by dividing the number of days remaining in the then-current term at the time of withdrawal by 365. For example: a Share Certificate with a principal balance of $10,000 and 500 days remaining in the current term shall be subject to an Early Withdrawal Penalty of 1.3699% of the amount of principal withdrawn or $136.99. Early Withdrawal Penalties may exceed the amount of dividends earned and further reduce the principal balance. Early Withdrawal Penalties may be deducted from either the amount withdrawn or from the remaining principal balance, if any. If any withdrawal or applicable Early Withdrawal Penalty reduces the balance below the required minimum, the account will be closed and the Early Withdrawal Penalty will be assessed on the full principal amount in the account. See Minimum Balance Requirements in the Share Certificate Account Agreement and Disclosure. Incorporation of IRA Agreement and Disclosures All other terms and disclosures for our IRA Certificates are contained in the Credit Union s Individual Retirement Account agreement and disclosure statement, which by this reference is incorporated into this account disclosure in its entirety. When you open your Individual Retirement Account, the Credit Union agreement and disclosure statement will be provided to you. 5-Month Liquid Certificate Account Account Limitations You may make minimum deposits of $500 into this account at any time during the term of the certificate. You may make minimum withdrawals of principal of $500 or more from your account at any time as long as the balance does not fall below the minimum balance requirement indicated in the Rate Schedule. If the balance falls below the minimum requirement, the account will be closed. Funds in certificate accounts may not be used as overdraft protection for your checking account. Transaction Limitations No more than six withdrawals may be made from each 5-Month Liquid Certificate Account to another account at the Credit Union or to a third party in any calendar month. There are no limits on the number of deposits you may make into the account during the term of the certificate. Renewal of Account/Grace Period You will be notified at least ten days prior to the maturity date. Your certificate will automatically be renewed at maturity for the same time period as the original term at the prevailing rate under the current terms if you are continuing the program and you have not notified the Credit Union of your intention to withdraw the balance. You have a grace period of ten days after maturity to withdraw funds without being charged a penalty. Dividends will not be earned during the grace period if funds are withdrawn during this time. 7
Electronic Fund Transfer Disclosure and Agreement This EFT Disclosure and Agreement as amended from time to time ( Agreement ) sets forth the terms and conditions governing the use of the Meriwest Credit Union electronic transfer services. Disclosure information that applies to all electronic services offered by Meriwest Credit Union is given below, followed by specific disclosure information for each service. Meriwest Credit Union may also provide remittance transfers (defined by Regulation E, subpart B, as an electronic transfer of funds of more than $15 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider ). The terms and conditions for such electronic transfers will be disclosed to you separately when you receive those services, and may differ from the terms and conditions disclosed herein. As applicable, and to the extent not in conflict with such separately provided disclosures, the terms and conditions herein shall apply to remittance transfers that also meet the definition of an electronic fund transfer under Regulation E, subpart A. This Agreement takes the place of all prior agreements and disclosures governing the use of all electronic services. By retaining, using, or allowing others to use the electronic services offered by Meriwest Credit Union, you are agreeing to be bound by the terms and conditions of this Agreement. In this Agreement, the term you and your(s) refer to the member, and the terms we, us and our(s) refer to Meriwest Credit Union. Personal Identification Number The Credit Union will issue you a Personal Identification Number (PIN) that must be used with the ATM/Debit Card for transactions that require the use of a PIN. This number should be memorized-do NOT write it on your ATM/Debit Card. After memorizing your PIN, you should destroy the notice disclosing your PIN. If you forget your PIN, contact the Credit Union and we will issue you a new one. Right to Receive Documentation of Transactions You will get a monthly account statement reflecting all of your transactions unless there is no activity in a particular month. In any case you will get the statement at least quarterly. Depending on the terminal or if the transaction is $15 or less, you may receive a receipt at the time you make a transaction at a terminal. If you do receive a receipt, retain the receipt to compare with your monthly statement from the Credit Union. Your Liability for Lost, Stolen or Unauthorized Transactions Involving Automated Teller Machine (ATM) Cards and Personal Identification Number (PIN) Tell us AT ONCE if you believe your ATM/POS Card and/or Personal Identification Number (PIN) has been lost or stolen, or if you believe that an electronic transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit if you have one with us). If you tell us within two (2) business days, you can lose no more than $50 if someone used your ATM/POS Card or PIN without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your ATM/POS Card or PIN, and we can prove that we could have stopped someone from using your ATM/POS Card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days 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 long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you have authorized someone else to use the PIN, you are responsible for all transactions that person or persons initiates at any time, even if the amount or transactions exceed what you may have authorized. Your Liability for Lost, Stolen or Unauthorized Transactions Involving Meriwest VISA Debit Card Tell us AT ONCE if you believe your Meriwest VISA Debit Card and/or Personal Identification Number (PIN) has been lost or stolen or if your statement shows an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit if you have one with us). If you tell us within 60 days of our sending your statement, you can lose no more than $50 if someone used your Meriwest VISA Debit Card without your permission. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the close of the 60 days and before notice to us. If your delay in notifying us was due to extenuating circumstances beyond your reasonable control, including extended travel, your or a member of your family s death or serious illness, hospitalization, permanent mental impairment or serious physical impairment, unless the circumstance did not reasonably contribute to your delay in notifying us within the 60 day period, we will extend the 60 day period by a reasonable period. Special Notice to Meriwest VISA Debit Cardholders If there is an unauthorized use of your Meriwest VISA Debit Card or a Plus network or Interlink transaction, and the transaction takes place on the VISA network, then your liability will be zero ($0.00). This provision limiting your liability does not apply to Visa Corporate Card or Visa Purchasing Card Transactions, ATM cash disbursements processed on non-visa or non-plus networks, or non-visa PIN-less debit transactions. Additionally, your liability with respect to unauthorized transactions may be greater than the above zero ($0.00) liability limit, to the extent allowed under applicable law, if the credit union reasonably determines, based on substantial evidence, that you were grossly negligent or fraudulent in the handling of your account or card. In any case, to minimize your potential liability you should notify us of any unauthorized use no later than 60 days after your statement was mailed to you. 8
How to Notify the Credit Union in the Event of an Unauthorized Transaction If you believe your ATM/POS Card or PIN has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call us at 877-MERIWEST (877-637-4937) or write to us at 5615 Chesbro Avenue, San Jose, CA 95123. You should also call the number or write to the address listed above if you believe a transfer has been made using information from your check without your permission. Business Days Our business days are Monday through Friday, excluding holidays. Our Liability for Failure to Make Transfers If we do not complete a transaction to or from your accounts 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: a) through no fault of ours, you do not have enough money in your account to make the transaction; b) the transaction would go over the credit limit on your credit line; c) the network system was not working properly and you were aware of the malfunction when you started the transaction; d) circumstances beyond our control (such as fire, flood, power failure, or computer down-time) prevented the transactions despite reasonable precautions that we have taken; e) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or agreement restricting a transaction; f) your PIN has been entered incorrectly; g) the payee mishandles or delays a payment sent by our bill payment service provider; h) you have not provided our bill payment service provider with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment; or i) the failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account. j) you have not provided the payor or merchant with the correct name and account information for deposits or payments you set up to process. There may be other exceptions not specifically mentioned above. In Case of Errors or Questions About your Electronic Transfers Telephone us at 877-MERIWEST (877-637-4937) or write to us at 5615 Chesbro Avenue, San Jose, CA 95123 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 information from your check 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 (if any). 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 tell you the results of our investigation 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 the error you assert is an unauthorized Visa transaction, other than a cash disbursement at an ATM, we will credit your account within 5 business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within 10 business days.) 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. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. * If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of 10 business days. ** If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a point of sale transaction, or notice of an error involving a transaction initiated outside the U.S. its possessions and territories, we will have 90 days instead of 45 days to investigate. Charges In order to obtain the electronic services listed including Home Banking and Bill Payer, you must open and maintain a share or share draft account. All charges associated with all electronic funds transactions are disclosed in our Fee Schedule which accompanies this Agreement. 9
Disclosure of Account Information to Third Parties We will disclose information to third parties about your account or the transfers you make: a) when it is necessary to complete the transaction; b) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; c) in order to comply with government agency or court orders or other legal process; or d) if you give us your prior oral or written permission. Address Change Keep the Credit Union informed of your current address to ensure correct mailing of periodic statements. Amendments The Credit Union may change the terms and conditions of this Agreement from time to time by mailing written notice to your address as it appears on our records. If any change results in greater cost or liability to you or decreases access to your Accounts, you will be given at least twenty-one (21) days prior notice of the change. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of ATM Cards, POS Cards or designated accounts. Termination You may terminate this Agreement with us at any time. The Credit Union reserves the right to terminate this Agreement and/or your use of your ATM/POS Card or PIN with or without cause. We may do so immediately if: a) you or any authorized user of your ATM/POS Card, PIN or account breaches this or any other agreement with the Credit Union; b) we have reason to believe that there has been, or might be, an unauthorized use of your ATM/POS Card, PIN or account; or c) you or any authorized user of your ATM/POS Card, PIN or account request that we do so. Additional Benefits/Card Enhancements The Credit Union may, from time to time, offer additional services to your Account. Some may be at no additional cost to you and others may involve a specified fee. You understand that the Credit Union is not obligated to offer such services and may withdraw or change them at any time. Waiver of Rights The Credit Union can delay enforcing any of the provisions under this Agreement or the law any number of times without losing its right to enforce them at a later date. Other Agreements Except as stated otherwise in the Agreement, this Agreement does not alter or amend any of the terms or conditions of any other agreement you may have with the Credit Union. Severability If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. Who is Bound by this Agreement Each person who signs the Application agrees to be bound by the terms and conditions of this Agreement. If more than one person signs the application, all signers are jointly and severally liable. The Credit Union can waive or delay enforcement of its rights as to one signer without affecting its ability to enforce its rights as to the other signers. The Agreement is also binding upon your heirs, personal representatives and successors. Signatures By using your access to the system, or authorizing anyone else to use your access to the system, and/or by signing the application, you agree to be bound by the terms and conditions of this Agreement and Disclosure. Additional Disclosures Applicable to ACH Services Documentation of Direct Deposit If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 877-MERIWEST (877-637-4937) to find out whether or not the deposit has been made. If the only possible transfers to or from your account are direct deposits or preauthorized deposits, you will get at least a quarterly statement from us. Disclosure of Right to Stop Payment a) Right to stop payment and procedure for doing so. If you have scheduled electronic ACH payments out of your account, you can stop any of these payments. Here s how: Call us at 877-MERIWEST (877-637-4937), visit one of our financial centers or write to us at 5615 Chesbro Avenue, San Jose, CA 95123, 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 14 days after you call. All requests for stop payments must be in writing on a form provided by or acceptable to us. 10
b) Notice of varying amounts. If these regular payments vary in amount, the person 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. Transactions Available You may use your ACH services to perform the following transactions: Make deposits to your share/savings or share draft/checking account; Make loan payments; and Pay bills directly from your share/savings or share draft/checking account in the amounts and on the days you request. Authorize a merchant or other payee to make a one-time electronic payment from your share draft/checking account using information from your check to pay bills or pay for purchases; and Authorize a merchant or other payee to debit your share draft/checking account for returned check fees or returned debit entry fees. All payments and deposits are subject to later verification by us. Additional Disclosures Applicable to ATM and POS Services Rules for Use By using your ATM/POS Card with your personal identification number (PIN) at automated teller machines ( ATMs ) or other electronic terminals operated by a participating institution, network system, or company (collectively terminals ), you authorize us to effect the transactions from or to your share/savings or share draft/checking account(s) in accordance with the instructions given at the terminals. All ATM/POS Card transactions are subject to the terms and conditions of your account agreements with us governing the affected accounts. ATM Fees When you use an ATM not owned by Meriwest Credit Union, you may be charged a fee by the ATM operator and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. A fee will not be imposed for use of an ATM or VISA Debit Card issued by Meriwest Credit Union for use of an electronic terminal operated by Meriwest Credit Union. Transactions Available You may use your ATM/POS Card to perform the following transactions: Make deposits to your share/savings, share draft/checking and loan account; Withdraw cash from your share/savings, share draft/checking and loan account; Transfer funds between your share/savings, share draft/checking and loan account; Make point-of-sale payments for goods and services to others from your share draft/checking account; and Make account balance inquiries. Some of the transactions listed above may not be available at all terminals. All payments and deposits are subject to later verification by us. Limitations on Transactions For the Classic and Prime Relationship Advantage Levels, you may make ATM cash withdrawals up to $500 or POS transactions up to $3,000 each 24-hour period as long as your available balance will cover the transaction. For the Premium, Elite, and Homeowner Advantage Relationship Advantage Levels, you may make ATM cash withdrawals up to $750 or POS transactions up to $5,000 each 24-hour period as long as your available balance will cover the transaction. Various institutions which participate in networks of which the Credit Union is a member may have withdrawal limits different from the amount set forth herein. In the event that a specific ATM is so limited, you may not be able to withdraw more than the cash limit of that particular ATM. Access Cards All ATM/POS Cards are non transferable and belong to the Credit Union. The Credit Union may cancel, modify and restrict the use of any ATM/POS Card upon proper notice or without notice if your account is overdrawn or where necessary to maintain or restore the security of accounts on the ATM system. Foreign Transactions Foreign Transactions in Foreign Currency- Purchases and cash advances made in foreign currencies will be billed to you in U.S. dollars. Transactions processed outside of the United States, or in a foreign currency may be charged a foreign transaction fee, regardless of whether there is a currency conversion associated with the transaction. The conversion rate in dollars will be a rate selected by VISA from a range of rates available in wholesale currency markets for the applicable Central Processing Date, which rate may vary from the rate VISA itself receives, or the government-mandated rate in effect for the applicable Central Processing Date in each instance, plus a one percentage point (1%) fee charged by the Issuer. 11
Foreign Transactions in U.S. Currency- Purchases and cash advances made in foreign countries will be billed to you in U.S. dollars. Transactions processed outside of the United States, in U.S. dollars, may be charged a foreign transaction fee of point eight percent (.8%), regardless of whether there is a currency conversion associated with the transaction. ATM Safety An ATM provides a quick and convenient way to access your money. However, use caution and remember the following safety tips whenever you use an ATM: Be aware of the surroundings, particularly at night. Look for well lighted ATMs when transacting at night. If you notice anything suspicious when approaching the ATM, return later or use another ATM. Have your transaction ready before you go to the ATM. When you can, fill out any deposit or withdrawal slips/envelopes before leaving your vehicle. Have your ATM Card ready, to avoid going through your purse or searching through the contents of your wallet at the ATM site. If you notice anything suspicious while you are transacting business, immediately stop your transaction, put your ATM Card away and leave. Consider having another person accompany you to the ATM. Immediately report all crimes to the ATM operator and to local law enforcement officials. Stand close to the ATM and away from others in line to avoid detection of your PIN or other account information. Put your cash away as soon as the transaction is complete; count the cash later in the safety of your vehicle or home. Never give information to strangers at the ATM or to anyone over the phone. Be aware of fraud or people who pose as Credit Union employees who try to get information from you. This information should only be discussed in person by you at the Credit Union. Remember to keep your PIN a secret. Make sure not to write it on your ATM Card or anywhere else in your wallet; thieves can easily figure out the reason for hidden or secret numbers. Additional Disclosures Applicable to Audio Response (Vital Information Please) VIP Transactions Available You may use VIP service to perform the following transactions: Obtain account and loan balances; Obtain loan payment due date and pay off information; Obtain last dividend, date and amount; Obtain clearance of specific checks; Request a check withdrawal from your share/savings, share draft/checking or Line of Credit account; Transfer funds between your share/savings, share draft/checking or Line of Credit account; Access your Line of Credit Account to request loan advances; Obtain year-to-date tax information, dividends, interest and IRA contributions; and Make loan payments. All payments and deposits are subject to later verification by us. Transaction Limitations Withdrawals through the VIP system are unlimited as long as your available balance will cover the transaction. Additional Disclosures Applicable to Meriwest VISA Debit Card Services Issuance of Card Card means the Meriwest VISA Debit Card and any duplicates, renewals or substitutions the Credit Union issues to you; Account means the account designated on the application for your Meriwest VISA Debit Card. Responsibility for Transactions You are responsible for all transactions you make with the Debit Card or that you authorize another person to make with the Card. You understand that if you disclose your Debit Card PIN to anyone, they will have access to all accounts identified by your account number. If the Account is a joint account, all transactions involving the account are binding on all Account holders. Merchant Disputes For POS transactions directly accessing a line of credit, the credit union is not responsible for the refusal of any merchant or financial institution to honor the card. The credit union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the card if you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider and (a) your purchase was made in response to an advertisement the credit union sent or participated in sending to you or (b) your purchase cost more than $50 and was made in your state or within 100 miles of your home. 12
Limitations on Dollar Amounts and Frequency of Transactions Purchases made above the floor limit of the merchant will require an authorization number from VISA. For the Classic and Prime Relationship Advantage Levels, you may make ATM cash withdrawals up to $500 or POS transactions up to $3,000 each 24-hour period as long as your available balance will cover the transaction. For the Premium, Elite, and Homeowner Advantage Relationship Advantage Levels, you may make ATM cash withdrawals up to $750 or POS transactions up to $5,000 each 24-hour period as long as your available balance will cover the transaction. Various institutions which participate in networks of which the Credit Union is a member may have withdrawal limits different from the amount set forth herein. In the event that a specific ATM is so limited, you may not be able to withdraw more than the cash limit of that particular ATM. Use of the Card You may use the Card and PIN to: Withdraw cash from your share/savings, share draft/checking and loan account at ATMs, merchants, or financial institutions that accept VISA Debit Cards; Transfer funds between your share/savings, share draft/checking and loan account and another account you have with the Credit Union; and Make deposits to one of your share/savings, share draft/checking and loan accounts at the Credit Union. You may use the Card without the PIN to: Purchase goods or services at places that accept VISA Debit Cards (these are point of sale or POS transactions); Order goods or services by mail, internet or telephone from places that accept VISA Debit Cards; Order goods or services without a PIN by mail, online, or telephone at merchants who offer the payment transactions processed through the STAR, PLUS, CO-OP, ACCEL/Exchange or any other Debit Card network; and Make automatic payments from your Account to pay bills or other charges, providing that the person or organization that you are paying agrees to accept payments this way. Some of these services may not be available at all terminals. 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 from merchants, financial institutions or others who honor VISA Debit Cards is an order by you for the withdrawal of the amount of the transaction from your Account. Each transaction with the Card will be charged to your Account on the date the transaction is posted to your Account. When the Credit Union receives notification of a Debit Card transaction, it will put a hold on an equivalent amount of funds in your share draft/checking account for 3 days or until the day the transaction is charged to your account. All Card transactions covered by this Agreement are subject to the terms and conditions of your Account agreements with us governing the affected Accounts, except as modified by this Agreement. Any future changes to your Account agreements may affect the use of the card. Illegal Use of Meriwest VISA Debit Card You agree that your Debit Card Account will not be used to make or facilitate any transaction(s) that is or might be construed to be illegal pursuant to applicable law, rule or ordinance, including but not limited to gambling. Said use, including any such authorized use, will constitute an event of default under this Agreement. You agree that the Credit Union has no liability, responsibility or culpability whatsoever for any such use by you or any authorized user(s). You agree that you are responsible for repayment of any and all debts incurred for these transactions. You further agree to indemnify and hold the Credit Union harmless from any suits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use. Overdrafts You promise to pay the Credit Union immediately upon demand for any negative (overdraft) balance arising in your Account, unless you have available overdraft privileges. If you do not have overdraft privileges, the Credit Union may deduct the amount of any overdraft on your Account from any other account you have with the Credit Union, except an Individual Retirement Account. Refusal to Honor Card The Credit Union is not liable for the refusal or inability of any electronic terminal to honor the Card or to complete a withdrawal from your Account, or for their retention of the Card. The Credit Union is also not responsible for the refusal of any merchant or financial institution to honor the Card or for their retention of the Card. Foreign Transactions Foreign Transactions in Foreign Currency- Purchases and cash advances made in foreign currencies will be billed to you in U.S. dollars. Transactions processed outside of the United States, or in a foreign currency may be charged a foreign transaction fee, regardless of whether there is a currency conversion associated with the transaction. The conversion rate in dollars will be a rate selected by VISA from a range of rates available in wholesale currency markets for the applicable Central Processing Date, which rate may vary from the rate VISA itself receives, or the government-mandated rate in effect for the applicable Central Processing Date in each instance, plus a one percentage point (1%) fee charged by the Issuer. 13
Foreign Transactions in U.S. Currency- Purchases and cash advances made in foreign countries will be billed to you in U.S. dollars. Transactions processed outside of the United States, in U.S. dollars, may be charged a foreign transaction fee of point eight percent (.8%), regardless of whether there is a currency conversion associated with the transaction. Additional Disclosures Applicable to Home Banking Meriwest Online Meriwest Online allows convenient access to your account information 24 hours a day. To use Meriwest Online, you must have a computer, Internet connection, supported browser, your Login ID and a password. Transactions Available You may use your Meriwest Online services to perform the following transactions: Obtain account/loan balance information; Obtain loan payment due date; Obtain last dividend, date and amount; Request check withdrawals from your share draft/checking or share/savings account; Transfer funds between your share draft/checking, share/savings account and Line of Credit; Transfer funds to and from your accounts at other Financial Institutions; Access your Line of Credit for loan advancements by check; Reorder a supply of checks; Download transaction information to personal financial management software from share draft/checking and share/savings account; Make loan payments; Skip eligible loan payments; and Pay bills through the Bill Payer service from share draft/checking. Transaction Limitations No more than six preauthorized, automatic, online or telephonic transfers made to another account at the Credit Union or to a third party or no more than six transfers or withdrawals made by check, draft, debit card or similar order payable to a third party may be made from each savings account or money market account in any calendar month. If an Account Holder exceeds, or attempts to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee as stated on the Fee Schedule which accompanies this agreement and is incorporated herein, may be imposed on the excess transfer requests, and the Credit Union may reclassify or close the account. Transfers initiated by telephone must be counted among the six monthly transfers, except that there are no limits on the number of withdrawals paid directly to an Account Holder when initiated by mail, telephone or messenger. There are no limits on the number of withdrawals if initiated in person. Additional Disclosures Applicable to Bill Payer To use Bill Payer, you must be enrolled in Meriwest Online, have a supported browser and a share draft/checking account. The Bill Payer service is accessed through the Meriwest Online Banking site. Right to Stop Payment of Preauthorized Transfers Concerning your rights and duties to stop payment of preauthorized transfers, please see the Bill Payer Terms and Conditions, which are located under Bill Pay in Meriwest Online. Right to Receive Notice of Varying Amounts If these regular payments vary in amount, the person 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. Transactions Available You may use the Bill Payer service to perform the following transactions: Add/Edit Billers: Biller refers to the entity to which you pay bills. The Biller can be a company, organization, or individual. Make one-time transfers and set-up/edit/cancel recurring and scheduled payments from share draft/checking. View payment history. Electronic bill presentment and notification. Pay individuals using P2P. Limitations on Transactions The following are limitations to the use of the Bill Payer services: Bill payments can only be made from your share draft/checking account; and Payments cannot be made to payees outside of the United States or its territories. 14
Payment Scheduling The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-business Day. If the actual Due Date falls on a non-business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period. Payment Methods The Bill Payment Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment. (Funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to Meriwest Credit Union for payment). Member Responsibilities You are responsible for: any late payment, late fees, interest payments, and service fees charged by merchant(s); any overdraft, NSF or stop payment fees charged by the Credit Union as a result of these transactions; data input of Biller information (payment amount(s), name, address, account number, and any other pertinent information); and written notification to the Credit Union in the event you wish to cancel this service. Fees Associated with the Bill Payer Service Currently, we do not charge a monthly service fee for the use of the Bill Payer Service. However, we reserve the right to charge a monthly service fee in the future. If we decide to do so, we will provide you with a notice of change in terms as set forth in this Agreement. There may be a charge for additional transactions and optional services as disclosed on our Fee Schedule. You agree to pay such charges and authorize us to charge your designated Account or, if sufficient funds do not exist in your designated Account or overdraft source(s), you authorize us to charge the amount of the fees associated with the Bill Payer Service to any of your Account(s) at the Credit Union. In addition to the foregoing, you agree to be responsible for any fees and charges assessed by the bill payment service provider arising out of your use of the Bill Payer Service, including but not limited to fees assessed for any stop payment requests that are in addition to the fees set forth in our Fee Schedule. All applicable fees will be charged as set forth in our Fee Schedule. Changes You understand and agree that we have the option to electronically notify you of changes to the terms and conditions applicable to the Meriwest Online banking and Bill Payer services. In order to continue using Bill Payer, you will be required to agree to the new terms and conditions. Non-Sufficient Funds You understand that we will not act on any withdrawal instruction from you if sufficient funds, including any overdraft line of credit and funds available in your other overdraft sources, are not available in your Meriwest Online banking checking account. In some instances, at our option, you may receive a notice from us either in writing or electronically. Whether notified or not, you agree that your Account will be charged a fee in accordance with our Fee Schedule. In all cases, you are responsible for either making alternate arrangements for the payment, or rescheduling the payment through the Bill Payer Service. Insufficient available funds will prevent us from making more payments until resolved. You authorize us, and any third-party acting on our behalf, to choose the most effective method to process your payments. You will receive a transaction confirmation number for each properly instructed payment. Unless you receive a confirmation number, we shall not be liable for any failure to make a payment. Additional Disclosures Applicable to Mobile Banking Mobile- Meriwest System Requirements To use the Mobile Meriwest service, you must be registered for the Online Banking service and have a valid login ID and Password. You must also have a mobile device with a service plan that includes text messaging, data and Internet access with Secure Socket Layer (SSL) capability. Third party fees may apply for data and Internet access and text messaging. Contact your mobile device carrier for additional information. 15
Transactions Available You may use the Mobile-Meriwest service to perform the following transactions: Obtain account balance information; Transfer funds between your share, share draft/checking accounts and loans or other associated Meriwest Credit Union accounts;* and Schedule, cancel and review payments as they relate to the Bill Pay service in Online Banking. * All transfers, accounts and Bill Payees must be set up in Online Banking prior to using Mobile-Meriwest. Limitations on Transactions The following are limitations to the use of the Mobile-Meriwest service: No more than six preauthorized, automatic, online or telephonic transfers made to another account at the Credit Union or to a third party or no more than six transfers or withdrawals made by check, draft, debit card or similar order payable to a third party may be made from each savings account or money market account in any calendar month. If an Account Holder exceeds, or attempts to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee as stated on the Fee Schedule which accompanies this agreement and is incorporated herein, may be imposed on the excess transfer requests, and the Credit Union may reclassify or close the account. Transfers initiated by telephone must be counted among the six monthly transfers, except that there are no limits on the number of withdrawals paid directly to an Account Holder when initiated by mail, telephone or messenger. There are no limits on the number of withdrawals if initiated in person. Additional Regulations Relating to Fund (Wire) Transfers Article 4A of the Uniform Commercial Code, as adopted by the State of California, Subpart B of Regulation J, as promulgated by the Board of Governors of the Federal Reserve, and Subpart B of Regulation E, as promulgated by the Consumer Financial Protection Bureau, are the laws and regulations that cover funds transfers. These funds transfers include but are not limited to transfers to or from accounts through the Federal Reserve Bank system by means of Fedwire, transfers through the automated clearing house ( ACH ) that are subject to the applicable ACH rules or other fund transfer systems, and transfers between accounts at our different branches ( on us transfers). The foregoing laws and regulations are intended to establish a comprehensive legal framework covering the duties, responsibilities and liabilities of all parties involved in a funds transfer. In this Funds Transfer Agreement ( Agreement ), the following words have the following meanings: We, us, our and Credit Union mean Meriwest Credit Union. You, your and yours mean each person (whether one or more persons) who has a deposit account with Meriwest Credit Union and requests Meriwest Credit Union to send a funds transfer to a designated beneficiary. Funds transfer means the series of transactions, beginning with the originator s payment order, made for the purpose of making payment to the beneficiary of the order. Payment order means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary, provided that (1) the instruction does not state a condition to payment to the beneficiary other than time of payment; (2) the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from the sender; and (3) the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank. Beneficiary means the person to be paid by the beneficiary s bank. Beneficiary s bank means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order. Receiving bank means the bank to which the sender s instruction is addressed, which for purposes of this Agreement, is the Credit Union. Sender means the person giving the instruction to the receiving bank. Originator means the sender of the first payment order in a funds transfer. Fedwire means the funds-transfer system owned and operated by the Federal Reserve Banks that is used primarily for the transmission and settlement of payment orders governed by Subpart B of Regulation J of the Board of Governors of the Federal Reserve. Fedwire does not include the system for making ACH transfers. This Agreement contains several notices which the Credit Union is required to provide to you and establishes other terms of agreement which will apply to all funds transfers which involve you and the Credit Union. Using the Credit Union to send or receive funds transfers shall constitute your acceptance of all of the terms and conditions contained in this Agreement. To the extent that the terms contained in this Agreement are different than those in any other agreement or terms of account, this Agreement will control and be deemed to modify such other agreements or terms of account. If any part of this Agreement is invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. 1. Applicable Law. This Agreement applies to funds transfers as defined in Article 4A of the UCC, (Division 11 of the California Uniform Commercial Code), Subpart B of Regulation J of the Board of Governors of the Federal Reserve, and, for international funds transfers, Subpart B of Regulation E of the Consumer Financial Protection Bureau. 16
2. Acceptance of Funds Transfer Orders and Agreement. The Credit Union will accept funds transfer orders only if you have signed this Transfer Agreement, have sufficient available funds on deposit in the account to execute the payment order, and produce valid identification. Once you have signed this Agreement, the Credit Union will accept funds transfer requests from you in person, in writing or through Meriwest Online Banking, provided that our security procedures (described below) are followed. The Credit Union will not comply with any funds transfer instructions that are not in accordance with the terms of this Agreement or our security procedures. 3. Authorization to Initiate Funds Transfers. The Credit Union may charge your account for the amount of any funds transfer initiated by you or by any joint account owner or other authorized party with the right of access to the account from which the funds transfer is to be made (collectively, your Authorized Agents ). Only you and your Authorized Agents will be permitted to initiate funds transfers from your accounts at the Credit Union. You understand and agree that you are fully responsible for all transactions conducted by your Authorized Agents, regardless of whether such transactions are authorized by you or exceed the amounts of any transaction authorized by you. The Credit Union shall have no liability for losses caused by your failure to notify the Credit Union of changes to your Authorized Agents. 4. Authorization to Charge Account. The Credit Union shall have the right to charge the amount of any funds transfer request to any of your accounts at the Credit Union in the event that no account is designated, or in the event that a designated account has insufficient collected funds to cover the amount of a funds transfer request. 5. Service Fees and Charges. The Credit Union may charge a service fee for services relating to the sending or receiving of the funds transfer request. Please refer to our Fee Schedule for current funds transfer fees, which has been previously provided to you and is incorporated herein by this reference. If funds transfer instructions you provide are incorrect and the funds transfer is returned to us for any reason, you can provide us with the correct information that will permit us to execute the payment order again, but in such a case you will be charged an additional fee as set forth in our Fee Schedule. 6. Security Procedures. The Credit Union may establish, from time to time, security procedures to verify the authenticity of a payment order. You understand and agree that the Credit Union may amend the security procedure(s). You will be notified at the time the payment order is requested of the security procedure(s), if any, to be used to verify payment orders issued by you or for which your account will be liable. You agree that the authenticity of payment orders may be verified using that security procedure(s) unless you notify the Credit Union in writing that you do not agree to the specified security procedure(s). In that event, the Credit Union will have no obligation to accept any payment order from you or other Authorized Agents on the account until you and the Credit Union agree, in writing, on an alternate security procedure. Provided the Credit Union complies with the security procedure(s) (or the security procedures as otherwise agreed, or as amended by us), you will be liable for payment of the transferred amount plus transfer fees, even if the transfer request was not actually transmitted or authorized by you. If the Credit Union does not follow the security procedure(s), but can prove the transfer request was originated by you or your Authorized Agent, you will still be liable for the transfer amount plus transfer fees. You authorize the Credit Union to record electronically or otherwise any telephone calls relating to any funds transfer under this Agreement. 7. Unauthorized or Improper ACH Debit Activity. You understand and agree that in case of unauthorized or improper ACH debit activity on your account, you must complete and sign our affidavit of unauthorized or improper ACH debit activity. 8. Funds Transfer Cut-Off Times. The Credit Union may establish or change cut-off times for the receipt and processing of funds transfer requests, amendments, or cancellations. Unless other times are posted for the various types of funds transfers, the cut-off time for funds transfers are as follows: Domestic 2:00 p.m. Pacific Time, for same day processing, on each weekday that the Credit Union is open, excluding federal holidays. International 11:30 a.m. Pacific Time, for same day processing, on each weekday that the Credit Union is open, excluding federal holidays. Funds transfer requests received after 11:30 a.m. and up to 3:30 p.m. Pacific Time, will be accepted for processing on the next weekday that the Credit Union is open, excluding federal holidays. Payment orders, cancellations, or amendments received after the applicable cut-off time may be treated as having been received for processing on the next weekday that the Credit Union is open, excluding federal holidays. 9. Right to Cancel or Amend a Domestic Funds Transfer Request. There is no right to cancel or amend a domestic funds transfer request after it is received by the Credit Union. The Credit Union may, at its option, attempt cancellation or amendment of a funds transfer request prior to the time that the Credit Union executes such transfer, but the Credit Union shall have no liability if the cancellation or amendment is not effectuated. In any event, we will not credit funds until we confirm the beneficiary has not received funds and any funds transmitted have been returned. We have no obligation to re-execute any rejected or returned funds transfer request. We will credit any account following return or rejection. Any credit may not be equal to the original amount of the funds transfer request due to, for example, differences in foreign currency exchange rates, our expenses, or expenses of other institutions. In addition, we will have no obligation to pay interest (or dividends) on any cancelled, returned, or rejected transfer order. You must notify the Credit Union immediately in person or by telephone for cancellations or amendments. All cancellations or amendments will be subject to the same identification procedures used when initiating a funds transfer request. Under no circumstances will the Credit Union be liable to you or any third party for cancellations or amendments acted upon by the Credit Union after execution of your original funds transfer request. You agree to reimburse the Credit Union for any costs, losses, or damages, including reasonable attorneys fees, the Credit Union incurs in connection with your cancellation or amendment request. 17
10. Error Resolution and Cancellation Rights for International Funds Transfers. For international funds transfers, you will receive a notice regarding your error resolution and cancellation rights at the time you request the international funds transfer, but before you pay for the transfer. Generally, if you think there was an error in connection with your international funds transfer request, you must contact us within 180 days at (877) MERIWEST (877-637-4937) or write us at 5615 Chesbro Avenue, San Jose, CA 95123 as soon as you can. You may cancel an international funds transfer request within thirty (30) minutes of payment, unless the funds have been picked up or deposited. 11. Fedwire and Choice of Law. If you send or receive a wire transfer, Fedwire may be used. This means that your rights and obligations with respect to such transfers shall be governed by Regulation J, Subpart B Funds Transfers through Fedwire. If you request a wire transfer to be sent to a beneficiary in a foreign country, your rights and liabilities pertaining to such wire transfer will also be governed by Subpart B of Regulation E of the Consumer Financial Protection Bureau. The Credit Union will be excused from delaying or failing to execute a funds transfer if it would result in the Credit Union s exceeding any limitation on its intra-day net funds position established through the Federal Reserve guidelines or if it would result in violating any present or future risk control program of the Federal Reserve or a rule or regulation of other governmental regulatory authorities. 12. Identification of Beneficiary. If you give the Credit Union a payment order which identifies the beneficiary by both name and identifying account number, payment may be made by the beneficiary s bank on the basis of the identifying account number, even if the number identifies a person different than the named beneficiary. This means that you will be responsible to the Credit Union if the funds transfer is completed on the basis of the identifying account number you provided the Credit Union. 13. Identification of Intermediary or Beneficiary's Bank. If you give the Credit Union a payment order which identifies an intermediary or beneficiary s bank by both name and an identifying number, we may rely on the number as the proper identification even if it identifies a different person or institution than the named financial institution. This means that you will be responsible for any loss or expense incurred by us or any receiving financial institution which executes or attempts to execute the payment order in reliance on the identifying number you provided. 14. Provisional ACH Payments. The Credit Union may, in its discretion, give you credit for ACH payments before it receives final settlement of the funds transfer. Any such credit is provisional until the Credit Union receives final settlement of the payment. You are hereby notified and agree that if the Credit Union does not receive such final settlement, it is entitled to a refund from you of the amount credited to you in connection with that ACH entry. This means that the Credit Union may provide you with access to ACH funds before the Credit Union actually receives the money. However, if the Credit Union does not receive the money, then the Credit Union may reverse the entry on your account and you would be liable to repay the Credit Union. 15. Notice of Receipt of ACH Payments. ACH transactions are governed by the operating rules of the National Automated Clearing House Association. In accordance with these rules, the Credit Union will not provide you with next day notice of receipt of ACH credit transfers to your account. You will continue to receive notices of receipt of ACH items in the periodic account statements that the Credit Union provides. 16. Receipt of Incoming (Non-ACH) Funds Transfer. If the Credit Union receives a funds transfer for you or for other persons authorized to have access to your account, you agree that the Credit Union is not obligated to provide you with next day notice of the receipt of the funds transfer. The Credit Union will provide you with notification of the receipt of all funds transfers by including such items in the periodic account statements that the Credit Union provides. You may, of course, inquire between receipt of periodic statements whether or not a specific funds transfer has been received. If the Credit Union receives notice that a wire transfer transmitted by the Credit Union has been rejected, the Credit Union will notify you of such rejection (including the reason given for rejection) by telephone, electronic message, or U.S. mail. The Credit Union will have no further obligation to transmit the rejected wire transfer if it complied with this Agreement with respect to the original transfer request. 17. Payment of Dividends (or Interest). If the Credit Union becomes obligated under Article 4A of the UCC to pay interest (or dividends) to you, you agree that the rate of interest (or dividends) to be paid shall be equal to the interest (dividend) rate, on a daily basis, applicable to the account at the Credit Union to which the funds transfer should have been made or from which the funds transfer was made. Interest (or dividends) will begin accruing on the day the refund or re-credit is due. 18. Rejection of Funds Transfer Request. The Credit Union may, in its sole discretion, reject any funds transfer request which: (1) exceeds the collected and available funds on deposit in your designated account(s); (2) is not authenticated to the Credit Union s satisfaction or which the Credit Union reasonably believes may not be authorized by you; (3) contains incorrect, incomplete, or ambiguous information; (4) involves funds subject to a lien, hold, dispute or legal process pending their withdrawal; or (5) involves a transfer that is prohibited under applicable law, rule, or regulation. You understand and agree that the Credit Union shall incur no liability to you or to third parties for any loss occasioned by the Credit Union s refusal to accept any funds transfer order. 19. Notice of Rejection of a Funds Transfer. In the event the Credit Union rejects any funds transfer request, the Credit Union shall provide notice of such rejection to you, or an Authorized Agent, orally or in writing by the end of the next business day that such funds transfer would otherwise have been executed by the Credit Union. 20. Funds Transfer to Foreign Country. For international funds transfers, you understand that the Credit Union is required to disclose the exchange rate to be used to effectuate the transfer. You understand and agree that there may be instances in which you request such funds to be delivered in a particular currency, but the funds are later converted into another currency due to facts that cannot be known by us. In such case, we will disclose the exchange rate based on your request, even if the funds are ultimately received in a different currency. 18
If you do not know the currency in which the funds will be received, or, if you request funds to be received in the currency in which the international funds transfer is funded, the Credit Union may assume that the currency in which funds will be received is the currency in which the funds transfer is funded. You further understand and agree that if the Credit Union does not have specific knowledge regarding the currency in which the funds will be received, the Credit Union may rely on your representation as to the currency in which the funds will be received for purposes of determining whether an exchange rate is applied to the international funds transfer. If an international funds transfer is returned for any reason, you agree to accept the refund in United States dollars in the amount of the foreign money credit, based on the then-current buying rate of the bank converting the currency to United States dollars at the date of refund, less any charges and expenses incurred by the Credit Union. International funds transfers may be subject to delays, earlier cut-off times and charges imposed by other financial institutions, and/or changes in foreign currency exchange rates. 21. OFAC. You agree not to initiate any wire transfer, ACH entry or payment that would violate the economic sanctions administered by the U.S. Treasury s Office of Foreign Assets Control. 22. Limitation of Liability. Except as expressly prohibited by applicable state and federal laws and regulations, including Subpart B of federal Regulation E, you understand and agree that the Credit Union will not be liable for any loss or liability arising from: (1) any unauthorized or erroneous transfer or interest thereon (including, but not limited to, fraudulent transfers and/or a transfer which the Credit Union failed to abide by the agreed upon security procedures) which you fail to report to the Credit Union within thirty (30) days after your receipt of notification of the transfer; (2) any negligent or intentional action or inaction on the part of any person not within the Credit Union s reasonable control, including, but not limited to, the failure of other financial institutions to provide accurate or timely information; (3) the failure of other financial institutions to accept a funds transfer order; (4) your negligent or intentional action or inaction and/or breach of this Agreement; (5) any ambiguity or inaccuracy in any instruction given to the Credit Union by you or your authorized agent; or (6) any error, failure or delay in execution of any funds transfer instruction, or cancellation or amendment caused by circumstances beyond the Credit Union s reasonable control, including, but not limited to, any computer or communication facilities malfunction. Except as otherwise provided by applicable law, the Credit Union s liability for any negligent or intentional action or inaction in connection with any funds transfer request shall be limited to your direct loss and payment of interest (or dividends). UNDER NO CIRCUMSTANCES SHALL THE CREDIT UNION BE LIABLE FOR ANY LOST PROFITS, CONSEQUENTIAL, INDIRECT, AND PUNITIVE OR SPECIAL DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH THIS AGREEMENT AND/ OR ANY FUNDS TRANSFER REQUEST. 23. Impossibility of Performance. The Credit Union will not be liable for failure to comply with the terms of this Agreement caused by legal constraint, interruption or failure of transmission and/or communications facilities, war, emergency, labor dispute, act of nature, or other circumstances beyond the control of the Credit Union. 24. Indemnification. You agree to indemnify, defend and hold harmless the Credit Union, its agents and employees against any loss, liability, or expense (including attorneys fees) resulting from or arising out of any claim by any person in connection with any matters subject to this Agreement. 25. Terms of Agreement. The terms contained in this Agreement are in addition to the terms stated in the "Electronic Fund Transfer Disclosure and Agreement" section of the "Account Disclosure and Deposit Agreement." If any term of this Agreement is held to be invalid, illegal, or unenforceable, the other Agreement terms shall not be affected. 26. Change in Terms. Subject to applicable laws, the Credit Union may amend, modify, add to, or delete from this Agreement any of its terms and conditions at any time. You will be notified of any changes. By thereafter using or continuing to use the Credit Union s funds transfer services, you agree to such changes. 27. Termination. The Credit Union may terminate this Agreement at any time by giving written or oral notice to you. Unless terminated by the Credit Union, this Agreement shall remain in effect until the Credit Union receives written notice of termination from you and has been afforded a reasonable opportunity to act on such notice. You may not assign this Agreement to any other party. 28. Governing Law. Except as otherwise expressly provided by applicable law, this Agreement and all transactions initiated hereunder shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict of laws doctrines of such state to the contrary. Meriwest Remote Deposit Capture User Agreement This Remote Deposit Capture User Agreement ( Agreement ) contains the terms and conditions for the remote deposit capture services that Meriwest Credit Union ( Meriwest ) may provide to you. The words we, us, our and Credit Union mean Meriwest Credit Union. The words you or your mean each and all those who use the remote deposit capture services. The word account means any one or more deposit accounts you have with the Credit Union. Meriwest Credit Union Account Agreement and Disclosures (Account Disclosure and Deposit Agreement for consumers and Business Account Agreement and Disclosure for businesses) are hereby incorporated into and made a part of this Agreement upon launching the Remote Deposit Capture application ( App ) and login feature on your device. In the event of a discrepancy between this Agreement and the APP or the Account Agreement and Disclosures, this Agreement will control. 19
1. Services. The remote deposit capture services ( Services ) are designed to allow you to make deposits to your checking, savings, or money market savings accounts from home or other remote locations by scanning or photographing your checks and electronically transmitting a digital image of your paper checks to us or our designated processor. Original checks are converted to substitute checks as such term is defined in the Check Clearing for the 21st Century Act and Federal Reserve Board Regulation CC, for deposit with the Credit Union and for processing and presentment to a collecting or paying financial institution. For purposes of this Agreement, a substitute check (as defined in Regulation CC) is a check reproduction of an original check that: Contains an image of the front and back of the original check; Bears a MICR line that contains all the information appearing on the MICR line of the original check at the time the original check was issued and any additional information that was encoded on the original check s MICR line before an image of the original check was captured. Conforms in paper stock, dimension, and otherwise with ANSI X9.100-140 and Is suitable for automated processing in the same manner as the original check. 2. Member Eligibility. You understand that you must be a Credit Union member for at least thirty (30) days, and be a member in good standing as defined in our Account Disclosure and Deposit Agreement to be eligible to enroll in the Services. 3. Acceptance of these Terms. Your use of the Services constitutes your acceptance of this Agreement. You agree to comply with the hardware and software requirements set forth herein. We reserve the right to change the terms and charges for the Services described in this Agreement by notifying you of such change in writing and we may amend, modify, add to, or delete from this Agreement from time to time. Your continued use of the Services will indicate your acceptance of the revised Agreement. 4. Fees and Charges. Currently, we do not charge a monthly service fee for the use of the remote deposit capture feature within the mobile banking application for consumers (non-business/individual users). However, we reserve the right to charge a monthly service fee in the future. If we decide to do so, we will provide you with a notice of change in terms as set forth in this Agreement. Standard data and mobile phone rates from your wireless provider may still apply. You may be charged access rates depending on your carrier. Please contact your mobile device carrier for additional information. There may be a charge for additional transactions and optional services as disclosed on our Fee Schedule. You agree to pay such charges and authorize us to charge your designated Account or, if sufficient funds do not exist in your designated Account or overdraft source(s), you authorize us to charge the amount of the fees associated with the remote deposit capture feature to any of your Account(s) at the Credit Union. In addition to the foregoing, you agree to be responsible for any fees and charges assessed by the Remote Deposit Capture feature arising out of your use of said feature, including but not limited to fees assessed for any return items that are in addition to the fees set forth in our Fee Schedule. 5. Compliance with Laws. You agree to comply with all laws, statutes, regulations and ordinances pertaining to your use of the Services, as well as all laws relating to the banking transactions contemplated hereunder. You also agree to be bound by any clearinghouse rules or agreements, operating circulars, image exchange agreements, and other documents to which we are a party that govern the Services we provide. You promise to indemnify and hold us harmless from any damages, liabilities, costs, expenses (including attorneys fees) or other harm arising out of any violation thereof. This indemnity shall survive termination of your account with us and this Agreement. 6. Unavailability of Services. You understand and agree that the Services may at times be temporarily unavailable due to Credit Union system maintenance or technical difficulties including those of the Internet service provider and Internet software. In the event that the Services are interrupted or are otherwise unavailable, you acknowledge that you can deposit original checks in person at a Credit Union branch, at an ATM or by U.S. mail. It is your sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by us. However, a notification of items that are rejected will be sent by the next business day following rejection. 7. Eligible Items for Deposit. You agree to scan and deposit only checks as that term is defined in Federal Reserve Regulation CC. You agree that the image of the check transmitted to us shall be deemed an item within the meaning of Article 4 of the Uniform Commercial Code as adopted in California. For purposes of this Agreement, check (as defined in Regulation CC) means a negotiable demand draft that is drawn on: Or payable through or at an office of a bank or credit union; A Federal Reserve Bank or a Federal Home Loan bank; The Treasury of the United States; A state or local government that is not payable through or at a bank or credit union; For purposes of this Agreement item (as defined in Article 4 of the California Commercial Code) means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment for ACH or wire transfers. 8. Unacceptable Deposits. You understand and agree that you will not deposit the following items using the Services: Any third party check, i.e., any item that is made payable to another party and then endorsed to you by such party. Any item that is drawn on the same account in which the deposit is being made. Any item that contains evidence of alteration to the information on the check. Any check previously converted to a substitute check, as defined in Regulation CC. 20
Any item issued to you by a financial institution in a foreign country. Any item that is stale dated more than six (6) months prior to the date of deposit. Any item that is post-dated after the date of deposit. Any item stamped non-negotiable (whether stamped in print or as a watermark). Any item that has been re-deposited or returned such as non-sufficient funds or refer to maker or returned for any other reason. Any item that is incomplete. Cash. Savings Bonds. Deposits of this nature may result in the immediate termination of the Service. 9. Check Requirements. Any image of a check that you transmit to us must accurately and legibly provide all of the information on the front and back of the check at the time of presentment to you by the drawer. Prior to electronically transmitting a digital image of the original check, you will restrictively endorse any item transmitted through the Services as your Account Number, Date of Deposit and RDC or as otherwise instructed by us. You agree to follow any and all other procedures and instructions for use of the Services as we may establish from time to time. The digital image of the check transmitted to us using the Services must accurately and legibly provide, among other things, the following information: your endorsement, and those of any other payees listed on the check; the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signatures; and other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality of the check must comply with the requirements established by the American National Standards Institute ( ANSI ), the Board of Governors of the Federal Reserve Board, including the requirements under federal Regulation CC, or any other regulatory agency, clearing house or association. The image may be rejected for quality purposes if it does not meet the criteria established within the service. 10. Receipt of Items. Upon receipt of the digital image of the check, we will review the check image for acceptability and will convert items meeting our requirements into substitute checks to facilitate the deposit and collection of such items. You understand and agree that electronically transmitting a digital image of a check does not constitute receipt by the Credit Union. You understand that, in the event you receive a notification from us confirming receipt of an image, such notification does not mean that the image contains no errors or that we are responsible for any information you transmit to us. We are not responsible for any image that we do not receive. Following receipt of the image, we will process the image by preparing a substitute check. Notwithstanding anything to the contrary, we reserve the right, within our sole and absolute discretion, to accept or reject any item for remote deposit into your account and, in the event we reject an item for remote deposit, you understand and agree that you must deposit the original item. You understand and agree that even if we do not initially reject an item you deposit through the Services, we may return the substitute check we created because, among other reasons, the paying bank deems the electronic image illegible. Our failure to reject such an item shall not limit your liability to us. You understand that any amount credited to your account for items deposited using the Services is a provisional credit and you agree to indemnify us against any loss we suffer because of our acceptance of the remotely deposited check. 11. Rejection of Deposit. We are not liable for any service or late charges levied against you due to our rejection of any item. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to an item being returned. 12. Items Returned Unpaid. A notice will be sent to you if an item that you deposited is returned to the Credit Union. With respect to any item that you transmit to us for remote deposit that we credit to your account, in the event such item is dishonored, you authorize us to debit the amount of such item from your account. 16. Hardware and Software Requirements. In order to use the Services, you must obtain and maintain, at your expense, compatible hardware and software as specified by the Credit Union from time to time. You are solely responsible for electronically transmitting deposit items, accessing the Services from the Credit Union and for maintaining your scanning equipment. You will be responsible for the payment of all telecommunications expenses associated with your use of the Services. The Credit Union shall not be responsible for providing or servicing any equipment for you. Further, we are not responsible for any third party software you may need to use the Services. Any such third party software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation. If using our Home/Office or Merchant Deposit Channel, we recommend that your computer be running one of the operating systems listed below, and be connected to the internet using one of the browser versions indicated. Please note, your browser must have 128-bit encryption. If you do not have the 128-bit encryption on your browser, please visit your browser's website for the latest security updates. 21
Refer to hardware and software requirements below (subject to change): Browser Version 17. Recommended Browsers Windows Operating System: Home Office Supported Merchant Supported Currently Not Available FireFox 3.0x, 3.5x, 4.x Supported Not Supported Safari 3.x, 4.x, 5.x Supported Not Supported AOL Browser 10.3x Not Supported Not Supported Browser Version Home Office Supported Merchant Supported Currently Not Available Microsoft Internet Explorer 6.x, 7.x, 8.x Supported Supported FireFox 3.0x, 3.5x Supported Not Supported AOL Browser 9 SE Supported Not Supported Safari 5.x Not Supported Google Chrome 11.x Not Supported Not Supported Not Supported Mac Operating System: System Component Recommended Requirements Operating System Microsoft Windows XP, Vista, or Win7 Software Component Microsoft.NET 3.5 Framework (required) Browser CPU 2.0GHz processor Memory 2 GB RAM Hard Disk Drive Internet Explorer 6.0 or higher Firefox (see WPF plugin for Mozilla install) 160 GB USB Ports 2 USB 2.0 ports 18. Periodic Statement and Your Duty to Report Errors. Any remote deposits made through the Services will be reflected on your monthly periodic statement. You understand and agree that you are required to immediately notify us of any suspected error relating to images transmitted using the Services no later than sixty (60) days after the date of the monthly periodic statement that includes any transaction you allege is erroneous. You are responsible for any errors that you fail to bring to our attention within such time period. Periodic statements and your duty to report errors is governed by the Electronic Fund Transfer Disclosure and Agreement incorporated in the Meriwest Account Disclosure and Deposit Agreement previously provided to you and hereby incorporated into and made a part of this Agreement. 19. Ownership & License. You agree that we retain all ownership and proprietary rights in the Services, associated content, technology, and website(s). Your use of the Services is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, any breach of this Agreement immediately terminates your right to use the Services. Without limiting the restriction of the foregoing, you may not use the Services: in any anti-competitive manner; for any purpose which would be contrary to our business interest; or to our actual or potential economic disadvantage in any aspect. You may not copy, reproduce, distribute or create derivative works from the content and agree not to reverse engineer or reverse compile any of the technology used to provide the Services. 22
20. Accountholder s Warranties. You make the following warranties and representations with respect to your use of the Services and each image of an original check you transmit to us using the Services: Each image of a check transmitted to us is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check. The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine, and accurate. Each check that you submit to us for deposit will not be resubmitted in any format to us or to any other person or financial institution for payment resulting in the same drawer s account to be debited twice. Other than the digital image of an original check that you remotely deposit through the Services, there are no other duplicate images of the original check. Each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check. The information you provided in your Membership Application and Account Agreement is true and correct and, in the event any such information changes, you will immediately notify us of the change. You have not knowingly failed to communicate any material information to us. You will retain possession of each original check deposited using the Services for the required sixty (60) day retention period and neither you nor any other party will re-submit the original check for payment. You will not use the Services and/or your accounts for any illegal activity or transactions. Files and images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems. Each check you submit for deposit is drawn in United States dollars on a financial institution located within the United States, excluding its territories. 21. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR RISK. YOU ALSO UNDERSTAND AND AGREE THAT THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE ALSO MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY YOUR INTERNET PROVIDER, ANY RELATED SOFTWARE OR THE CREDIT UNION S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE OR OTHER EQUIPMENT. 22. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM OR ATTRIBUTABLE TO THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR ATTRIBUTABLE TO THE USE OF, INABILITY TO USE, THE TERMINATION OF THE USE OF THE SERVICES, OR YOUR BREACH OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF. 23. Accountholder s Indemnification Obligation. You agree to indemnify, defend and hold harmless the Credit Union and its directors, officers, employees, members and agents (the Indemnified Parties ) from and against any and all losses, costs, expenses, fees (including, but not limited to, reasonable attorneys fees and disbursements), claims, damages, liabilities and causes of actions of third parties resulting or arising from: (i) your failure to abide by or perform any obligation imposed upon you under this Agreement; (ii) the willful misconduct, fraud, criminal activity, intentional tort or negligence of you or any of your representatives involving use of the Services; (iii) the actions, omissions or commissions of you, your employees, consultants and/or agents relating to the Services; and (iv) any transmission or instruction, whether or not authorized, acted upon by the Credit Union in good faith. You shall be provided with prompt notice of any claims and given full authority and assistance (at your expense) for the defense of any such claims, provided that the Credit Union may participate in such defense and settlement with counsel of the Credit Union s own choosing at the Credit Union s own expense. However, you shall have no authority to settle any claim against any Indemnified Party without the prior written consent of such Indemnified Party (which consent shall not be unreasonably withheld). 24. Termination of the Services. You may, by written request, terminate the Services provided for in this Agreement. We may terminate your use of the Services at any time. In the event of termination of the Services, you will remain liable for all transactions performed on your account. Upon termination, (i) you will immediately cease using the Services and (ii) you shall promptly remit all unpaid monies due under this Agreement, if any. The Credit Union may immediately suspend or terminate your access to the Services in the event that the Credit Union reasonably determines such suspension or termination is necessary in order to protect the Services or the Credit Union from harm or compromise of integrity, security, reputation or operation or that you are in breach of this Agreement or are otherwise using the Services in a manner inconsistent with the terms of this Agreement or with applicable law. 23
25. Relationship to Other Disclosures. The information in this Agreement applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain in effect for all other aspects of your account. 26. Governing Law. You understand and agree that this Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. You also agree to submit to the personal jurisdiction of the courts of the State of California. 27. Confidentiality. You acknowledge and agree that confidential data relating to the Services, marketing strategies, business operations and business systems (collectively, Confidential Information ) may come into your possession in connection with this Agreement. Such Confidential Information is the exclusive and confidential property of the Credit Union. You understand and agree that you are prohibited from disclosing and agree to maintain the confidentiality of our Confidential Information. 28. Waiver. The failure of either you or us to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute the waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder. 29. Relationship. This Agreement does not create, and shall not be construed to create, any joint venture or partnership between you and us. No officer, employee, agent, servant, or independent contractor of either of us shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever. 30. Force Majeure. You understand and agree that we are not responsible or liable for any loss, liability, damages, expenses, or cost of any kind resulting from any delay in the Services due to causes beyond our reasonable control. 31. Other Terms. You may not assign this Agreement. A determination that any provision of this Agreement is unenforceable or invalid shall not render any other provision of this Agreement unenforceable or invalid. CO-OP Shared Branching Members may now conduct transactions on their Meriwest Credit Union accounts at CO-OP Shared Branching locations. All transactions conducted at a CO-OP Shared Branching location are subject to CO-OP's operating procedures, policies, and fees. Transactions are subject to Meriwest Credit Union's account terms and disclosures, and are subject to host credit union verification. Transactions at CO-OP Share Branching may be subject to a Meriwest Credit Union fee. To access your Meriwest Credit Union Account at a CO-OP Shared Branching location, you must provide the Credit Union name, account number, and your identification. Services offered include: Deposits, withdrawals, account inquiries, transfer of funds, loan payments, loan advances, Travelers Checks, and Money Orders. Travelers Checks, Money Orders and other CO-OP Shared Branching services may be subject to a CO-OP Shared Branching fee. Members will receive a receipt for each transaction from CO-OP Shared Branching. Transactions made at CO-OP Shared Branching are processed on the same business day. All CO-OP Shared Branching transactions will appear on your periodic statement for the account used. Business days are Monday through Friday, excluding holidays. Your Ability to Withdraw Funds Our policy is to delay the availability of funds that you deposit in your account. During the delay, you may not withdraw the funds in cash. Determining the Availability of a Deposit The length of the delay is counted in 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 before 3:45 p.m. on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 3:45 p.m. or on a day we are not open, we will consider that the deposit was made on the next business day we are open. The length of the delay varies depending on the type of deposit and is explained below. Same-Day Availability Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Next-Day Availability Funds from the following deposits are available on the first business day after the day of your deposit: cash U.S. Treasury checks that are payable to you wire transfers checks drawn on Meriwest Credit Union 24
If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit: state and local government checks that are payable to you cashier s, certified, and teller s checks that are payable to you Federal Reserve financial institution checks, Federal Home Loan financial institution checks, and money orders, if these items are payable to you. If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available on the second business day after the day of your deposit. Other Check Deposits Funds from other check deposits will not be available until the second business day after the day of your deposit. The first $200 of your deposits, however, will be made available on the first business day. Longer Delays May Apply Funds you deposit by check may be delayed for a longer period under the following circumstances: 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 communications or computer equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the 7th business day after the day of your deposit. Special Rules for New Accounts If you are a new member, the following special rules will apply during the first 30 days your account is open. Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day s total deposits of cashier s, certified, teller s, traveler s, and federal, state and local government checks will be available on the 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 on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits may be subject to extended holds, as permitted by Regulation CC for new accounts. Generally, these funds will be available on the 11th business day after the day of your deposit, but longer periods are allowed as permitted by Regulation CC. Special Notice Regarding Endorsement Standards Federal law requires the financial institution s endorsement area on the back of a check be kept clear or unobstructed. This rule is designed to prevent unnecessary delays in processing deposits as well as to promote speedier returns of dishonored checks. Only the 1- inch space from the trailing edge (the left edge of the check when it is facing you) can be used by you for endorsements or any other markings. We will not be responsible for any damages incurred in the event you deposit an item which is subsequently returned unpaid by the paying bank and that their return is late due to markings on the check caused by you or a prior endorser on the back of the check. In the event that you draw a check on your checking or loan account with us, you are responsible for any delay or misrouting of the check caused by markings placed on the check by you that obscure any depository endorsements placed by us or our agent and you agree to hold us harmless and indemnify us from any liability due to such delay or misrouting. Deposits at Automated Teller Machines Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth business day after the day of your deposit. This rule does not apply at ATMs that we own or operate. Important Notice About Your Account(s) or Safe Deposit Box (California Residents) In accordance with California s Unclaimed Property Law, C.C.P. 1500, et seq., any funds held by the Credit Union (including, without limitation, funds in a share, share draft, certificate, or other account, sums for the payment of cashier s checks, teller s checks, etc.) may be transferred to the Unclaimed Property Division of the California State Controller s Office if no activity occurs in the account within the time period specified by state law. In addition, any property held in a Credit Union safe deposit box may be transferred upon the running of the time period specified by state law from the date any lease or rental period expires or any agreement for the safe deposit box terminates. 25
Inactive Accounts At Our California Financial Centers California law states that inactive account balances in savings, checking, and matured term share certificate accounts must be transferred ( escheated ) to the appropriate state within the time period specified by state law. In the State of California, your property will escheat to the state after a period of three (3) years since the last time you: a. Increased or decreased the amount of funds on deposit with us or presented an appropriate record for crediting of dividends or cashed a dividend check from any of your accounts with us; or b. Corresponded in writing or electronically with us concerning the funds on deposit; or c. Otherwise indicated an interest in the funds on deposit as evidenced by a memorandum on file with us. Your account will not escheat to the state, however, if, during the previous three (3) years, you have owned another account with us and, with respect to that account, you have done any of the acts described in paragraphs (a), (b), or (c) above, and, with regard to the account that would otherwise escheat, we have communicated (i.e., sent account statements or statements of dividends paid for federal and state income tax purposes) electronically or in writing with you at the address to which communications regarding the other account are regularly sent. We may charge a fee for mailing an escheat notice and/or a service charge for money orders escheated to the state as set forth in our Fee Schedule. To recover funds turned over to the state, you must file a claim with the state. Application of escheat laws will be based on your address of record at the time of escheat. General Terms and Conditions of Your Credit Union Accounts Definitions ACCOUNT AGREEMENT means any share, share draft, share certificate, trust, totten trust or UTMA account. TIS AGREEMENT means Truth In Savings Agreement entitled, About Your Credit Union Accounts. Membership & Account Application The terms, conditions and information contained in the Membership & Account Application, and all amendments thereto, are by this reference hereby incorporated in their entirety into this TIS Agreement and become an integral part of the General Terms and Conditions of the Credit Union Accounts. Account Ownership and Types The ownership of individual, joint, pay-on-death, living trust, totten trust, corporate, unincorporated, partnership, organizational and custodial accounts (under the Uniform Transfers to Minors Act ) shall be governed by the applicable Account Agreement. Unless otherwise specified in the Account Agreement, the parties who sign an Account Agreement agree with each other and with the Credit Union that all funds in the accounts shall be owned as follows: Individual Accounts: The account is owned by the party named on the Account Signature Card ( Account Owner ). Upon the death of the party, ownership passes to the named pay-on-death payee(s), designated as the beneficiary(ies) on the Account Signature Card. Joint Accounts: The Account is owned by all the Account Owners on the Account Signature Card. Upon the death of an Account Owner of a Joint Account, any funds remaining in the Account at the death of a party to a joint account belong to the surviving Account Owners as against the estate of the deceased Account Owner. The right of survivorship continues between the surviving parties. Corporate Accounts If your account is in the name of a corporation, the signatures of those persons authorized to make withdrawals from the account and to act in connection therewith are indicated on the Account Signature Card. You certify to the Credit Union that such persons have been duly authorized to act on the Corporation s account by a proper notice and held meeting of the board of such corporation. We are hereby authorized to act upon the instructions of such signatories until we receive written notice of the authorization of others to sign for the corporation, together with an amended Account Signature Card containing the signatures of such person(s). You hereby represent and warrant to us that the corporation is duly organized, validly existing and in good standing under the laws of the state of its incorporation, has full corporate power to own its properties and to carry on its business as now conducted and has not commenced dissolution proceedings. You further certify that if the corporation conducts business in the State of California under an assumed name, it has filed a fictitious business name statement in the Office of the Secretary of State of California and the county clerk s office of the county of its principal place of business in California as required by law. Funds received may not be withdrawn until collected. Corporate accounts are not subject to the Multiple Party Accounts Law. Custodial (UTMA) Account This Custodial Account is established as a result of the transfer of the funds deposited in the Custodial Account for the benefit of the minor named as beneficiary on the Account Signature Card. This transfer is irrevocable and includes all earnings on this 26
Account. Neither the donor of the funds nor the custodian is entitled to the use or benefit of the funds, except for the benefit of the minor as allowed by California Uniform Transfers to Minors Act. The Credit Union is authorized to act without further inquiry in accordance with writings bearing the signature of the custodian. The terms of the California Uniform Transfers to Minors Act, as amended, are hereby incorporated herein by this reference. Fiduciary Accounts In order to open your fiduciary account, you shall present to the Credit Union the court order appointing you as executor/ executrix, administrator/administratrix, guardian or conservator. Immediately upon receipt or as otherwise required by the court, you shall present to the Credit Union any court order modifying your appointment or your powers to transact business on this Account. In your capacity as executor/executrix, administrator/administratrix, guardian or conservator, you certify to the Credit Union that: a) You have been appointed to act in the capacity of executor/executrix, administrator/administratrix, guardian or conservator. b) you are authorized and empow ered to transact any and all business on this account. Your authority shall continue in force until written notice to the contrary is received by the Credit Union. Living Trust Account You understand and agree that this Living Trust Account will be governed by the terms and conditions of this Agreement. For a revocable living trust at least one trustor of the trust must be a member of the Credit Union, and for an irrevocable living trust either all of the trustors or all of the Beneficiaries of the Trust must be members of the Credit Union. Regarding any transaction on this account, the Credit Union may ask the trustee to provide a certification of trust, and the Credit Union will not read, interpret or retain copies of the trust agreement. The trustee agrees to notify the Credit Union of any changes in the terms of the trust that would affect the trustee s authority to transact business on the Living Trust Account or status of the membership of the parties to the trust. Partnership and Unincorporated Association If your account is in the name of a partnership or unincorporated association, the persons whose signatures appear on the Account Signature Card represent, warrant and agree that all items and funds deposited in this Account belong to the partnership or unincorporated association, that each of them has been duly authorized by the partnership or unincorporated association and has the power and authority to act, sign and bind the partnership or unincorporated association, that we may rely on such authority until written notice of revocation is received by us from one of the authorized signers, and that no dissolution of the partnership or unincorporated association has occurred. If the partnership or unincorporated association uses an assumed name for its business, it has a current Assumed Name Certificate on file in the Office of the County Clerk in each county in which it conducts business. If the partnership or unincorporated association uses a name for the business other than the name of the partnership or unincorporated association, a current fictitious business name statement is on file in the county clerk s office in each county in which the partnership or unincorporated association conduct business. Funds received may not be withdrawn until collected. Partnership and unincorporated association accounts are not subject to the Multiple Party Accounts Law. Payable on Death Accounts A pay on death account ( P.O.D. Account ) is an account payable on request to one or more Account Owner(s) during their lifetime and on the death of all Account Owners to one or more pay on death beneficiaries. The pay on death beneficiaries are the person or persons designated as such on the Designation of Beneficiary Form; you may modify the pay on death beneficiaries by completing a new Account Signature Card or completing a new designation of beneficiary on the form provided by the Credit Union. The pay on death beneficiary has no rights to the funds in the Account during the lifetime of any Account Owner. On death of the sole Account Owner or of the survivor of two or more Account Owners: a) any funds remaining in the Account belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the death of the sole Account Owner or the last surviving Account Owner; b) if two or more P.O.D. payees survive, any funds remaining on deposit belong to them in equal and undivided shares unless the Account Signature Card expressly provides for different shares; and c) if two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee. The Credit Union may require certain legal documents before releasing funds in the Account. Upon the death of the sole Account Owner or the last surviving Account Owner, payment on a P.O.D. Account will be made to the beneficiaries within a reasonable time. Until final payment is made, the Credit Union shall continue to operate the Account according to the terms of this Agreement. The terms of this Account may not be altered by will or other testamentary instrument. Sole Proprietorship Accounts If your account is in the name of a sole proprietorship, the person(s) whose signature appears on the Account Signature Card represents and warrants that the Account Owner is an unincorporated business owned wholly and exclusively by an individual and agrees that the Credit Union is authorized to act upon the instructions of such person(s) until the Credit Union receives written notice of others to sign for the sole proprietorship. You agree to inform us in writing promptly of any changes in the organizational status of your business. You further certify that if you use a name for the business other than the name of the individual, a current fictitious business name statement is on file in the county clerk s office in each county in which you conduct business. Funds received may not be withdrawn until collected. 27
Totten Trust Accounts All shares in this Totten Trust Account and all dividends paid or credited thereon shall be held by the Trustee(s) in trust for the beneficiary(ies) named subject to the right of the Trustee(s) or any one of them from time to time and in their sole discretion to revoke the same to the extent of any withdrawal of funds from this Account. In the case of multiple trustees, each trustee shall be considered the joint tenant of the other. Upon the death of the Trustee, (or if more than one, upon the death of the last surviving Trustee), the balance remaining in this Account shall be distributed to the beneficiaries in equal shares. If there are no surviving beneficiaries, the balance remaining in this Account shall be distributed to the estate of the last surviving Trustee. The Credit Union may require certain legal documents before releasing funds in the Account. Upon the death of the trustee or the last surviving trustee, payment on a Totten Trust Account will be made to the beneficiaries within a reasonable time. Until final payment is made, the Credit Union shall continue to operate the Account according to the terms of this Agreement. The terms of this Account may not be altered by will or other testamentary instrument. Special Rules for Joint Accounts Withdrawals by and Liability of Joint Owners - The Account Holders of an account agree with each other and with the Credit Union that all funds and all accumulations thereon are subject to the withdrawal or receipt by any of the Account Holders, and payment to any of them shall be valid and discharge the Credit Union from any and all liability for such payment. The Account Holders of an account expressly agree that each Account Holder is jointly and severally liable for any and all overdrafts, losses or charges to an account created by any Account Holder(s). Deposits The Credit Union may cash or deposit all checks payable to any signer when endorsed by any other signer. We act only as a collecting agent for any items deposited. Any deposit that we accept will be subject to subsequent payment and collection verification. We are not responsible for any deposits or other transactions initiated by mail until the item is actually received by us. We will not be responsible for any deposits or other transactions during the course of delivery to us by any courier or other third party until the item(s) is/are actually received by us. Disputes or Adverse Claims If we receive disputes or conflicting claims regarding funds in your Account(s), including, but not limited to, disputes between Authorized Signers, a payee, or any other person claiming an interest to funds in your Account, we may, without liability to you and in our sole and absolute discretion, restrict the Account and deny access to all until such time as the conflicting claims are resolved to our satisfaction; close the Account and send the funds to the owner or owners of the Account, according to our records, at the statement mailing address; interplead all or any portion of the funds from an account into an appropriate court for resolution; or restrict the Account until our receipt of either written instructions as to the distribution of funds signed by all affected parties or an order from a court of proper jurisdiction authorizing or directing us to distribute the funds. In addition, if we receive written notice from any Authorized Signer that withdrawals, in accordance with the terms of the Account, should not be permitted, we may refuse, without liability, to pay any sums on deposit pending determination of the rights of the Authorized Signer. Such written notice(s) shall become effective only upon receipt and after we have had a reasonable opportunity to act thereon. Notice Notice to one Account Holder shall constitute notice to all persons authorized to have access to the account. Changes in Terms and Conditions The use of an account is subject to such other terms, conditions and requirements as the Credit Union may establish from time to time. The Credit Union has the right to change the terms and conditions of this Agreement at any time, in any manner, and for any reason. We may delete or modify existing terms. We may add new terms without regard to whether the matter is already addressed by this Agreement. We may offer new or different services at any time, and may convert an existing account or service into a new account or service. We will generally notify you in advance of changes by sending written notice to your address as it appears on our records. However, we may make changes without sending you advance notice, unless such notice is required by law. By continuing to use or keep your account open, you will be deemed to accept and agree to any such changes in terms. Consent to Contact You You agree that you are giving us your express consent to call you at any telephone number you give us or that we get from any other source. Contacting You Regarding Servicing And/Or Collections - You agree, in order for us to service the Account or to collect any amounts you owe, we may from time to time make calls and/or send text messages to you at any telephone number(s) associated with your Account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or an automatic telephone dialing system. You further agree that, in order for us to service the Account or to collect any amounts you owe, we may send e-mails to you at any e-mail address you provide to us. Electronic Communications - If you provide us with an electronic address to which we may send electronic communications to you, you agree that we may send to you by electronic communication any information that the laws governing your Account require be sent to you in writing, provided such electronic communication does not violate the laws governing your Account. Electronic communication means a message transmitted electronically in a format that allows visual text or images to be displayed on equipment such as a personal computer monitor. Your Telephone Calls With Us -You understand and agree that your telephone communications with us may be monitored and recorded at anytime to improve member service and security. 28
Ability to Pledge Funds Any or all of the joint Account Holders may pledge all or any part of the funds as security for a loan or loans with the Credit Union only. Enforcement of Liens All funds in an account remain subject to any and all liens, including but not limited to statutory liens and/or consensual liens, security interests, rights of set off and charges, notwithstanding the source of the contribution, except as prohibited by law. You understand and agree that we may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant, or other legal process which we believe (correctly or otherwise) to be valid. You direct us not to contest any such notice of legal process and understand that we are under no obligation to notify you of the legal process and will not notify you if prohibited by law. Funds we hold or set aside in response to legal process will not earn dividends. You agree to indemnify, defend, and hold us harmless from all actions, claims, liabilities, losses, costs, and damages associated with our compliance with any process that we believe to be valid. Notification of Changes Each Account Holder agrees to promptly notify us in writing of any change in address(es). If you fail to do so, we may send notices, statements or other important information to the address shown in our records and you agree to release us from any liability for doing so. You also agree to notify us in writing of any change in ownership or authorized signers, or if an owner or authorized signer dies or is placed under legal guardianship or conservatorship. We may, at our option, require a new Account Agreement to be completed before any such change takes effect. Any such changes shall not affect transactions previously made. Financial Abuse Reporting Account Holder(s) understand(s) and agree(s) that the Credit Union may report known or suspected illegal or fraudulent activity including, but not limited to, the following: Financial abuse involving an elder or dependent adult; Where the ownership or collectibility of funds are subject to dispute; or Misuse or abuse of account services; to appropriate law enforcement or government entities, as required or permitted by law. In addition, the Credit Union reserves the right to suspend, restrict, deny or terminate account services and activity, including the placement of an administrative hold (freeze) on account proceeds, or take such other actions as deemed necessary under the circumstances. Account Holder(s) agree(s) to indemnify and hold the credit union harmless from and against all claims, actions, damages, losses, and expenses, including attorneys fees, as a result of any action or inaction taken in relation to the matters described here. Waiver of Certain Rights The Credit Union reserves the right to waive the enforcement of any of the provisions of this TIS Agreement with respect to any transaction or series of transactions. Any such waiver will not affect the right of the Credit Union to enforce any of its rights with respect to later transactions and is not sufficient to modify the terms and conditions of this TIS Agreement. Unforeseen Delays You understand and agree that if a disaster occurs, there may be an unforeseen delay in our ability to make funds available and to process deposits. In addition to natural disasters, the failure of communication or computer systems can also cause unforeseen delays. Consumer Reports The Credit Union makes credit available to its members on a regular basis. The Applicant(s)/Account Holder(s) of the account authorizes the Credit Union to obtain consumer reports in connection with credit and business transactions involving the Applicant(s)/ Account Holder(s), including but not limited to applying for membership, the opening of a share or share/draft account or the issuance of an ATM card, Debit Card, or other service provided by the Credit Union, and the Applicant(s)/Account Holder(s) of the account authorize any person, association, or corporation to furnish on request of this Credit Union, information concerning the affairs of the Applicant(s)/Account Holder(s). The Applicant(s)/Account Holder(s) also authorizes the Credit Union to furnish information concerning the account to consumer reporting agencies. Negative Credit Reporting 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. Reporting Inaccurate Information If you believe the Credit Union is reporting inaccurate information to a credit reporting agency, please notify us at Meriwest Credit Union, 5615 Chesbro Ave., San Jose, CA 95123 so we can investigate. Certain Currency and Foreign Transactions Reporting Federal law requires us to report certain domestic currency transactions and foreign transactions. This reporting applies to all member accounts at the Credit Union. 29
Post-Dated Share Drafts and Checks The Credit Union will treat all share drafts or checks as though the share drafts or checks were written on the date presented and we reserve the right to refuse to accept postdated checks. However, in the event we accept such checks, we may charge against your checking account a postdated check even though payment is made before the date of the check. If we accept a postdated check and you notify us within a reasonable time to permit us to act and identify the check with reasonable certainty, we cannot pay the check until the due date. Notice may be written or oral, and it must include the exact amount, account number, check number, date of check, and name of payee. If oral, the notice shall be valid for fourteen (14) days. If written, the notice shall be valid for up to six (6) months and can be renewed within six (6) months for another successive six (6) month period. A fee may be assessed for this service. Examination of Statements The Account Holder(s) to whom the periodic statement of account is sent agree(s) to exercise reasonable care and promptness in examining the statement to discover any errors or discrepancies, and to promptly notify the Credit Union after discovery thereof. Address Changes For Statements For Your Account And Other Account-Related Information You are required to keep us informed of your current address. You agree to notify us promptly of any change of address. You may notify us in person at any of our offices or by sending a written and signed notice to Meriwest Credit Union, 5615 Chesbro Avenue, San Jose, CA 95123. In the event that you fail to do this, a charge may be assessed in accordance with the Fee Schedule for the actual cost of a necessary locator service paid to a person or concern normally engaged in providing such service and incurred in determining your address. You may instruct us to change the address to which we mail, or the means by which we otherwise make available, statements for your Account and other Account-Related Information at any time. We may act on any such instruction purportedly made on your behalf within a reasonable time after we receive such instruction. Unless you instruct us otherwise, we may in our sole discretion change the address only for the Accounts you specify or for all or some of your other Accounts with us. We may change your address of record if we receive an address change notice from the U.S. Postal Service or if we receive information from a third party in the business of providing correct address information that the address in our records no longer corresponds to your address. Returned Statements or Other Account-Related Information If two (2) or more statements for your Account are returned to us as undeliverable, we may discontinue sending statements for your Account and other Account-Related Information to you until you provide a valid address to the Credit Union. In addition, we may destroy statements for your Account and other Account-Related Information that are sent to you and returned to the Credit Union as undeliverable. We may also place an administrative hold ( freeze ) on your Account if mail is returned to us. Notices And Other Mail Any notice you send to us will not be effective until we actually receive it and have a reasonable opportunity to act on it. You assume the risk of loss in the mail. Any notice we send you will be effective when mailed or otherwise made available to you. Non-Cash Payments Non-cash payments deposited into an account may be credited subject to final payment. Fees and Charges All accounts shall be subject to service charges in accordance with fees adopted by the Credit Union as amended from time to time. Please refer to the Fee Schedule for appropriate fees. Attorneys Fees You agree to pay the Credit Union all of our costs and reasonable attorneys fees, including all collection costs, litigation costs, skiptracing fees, and outside services fees incurred while we are enforcing our rights under this Agreement. Credit Union s Right to Offset Account Holder(s) agrees that the Credit Union has the right to offset against any account of any Account Holder to cover any amount owing to the Credit Union for any reason to the extent as permitted under applicable law. The Credit Union has the right to impress and enforce (offset) a statutory lien upon your shares and dividends in any and all of your Accounts with us including without limitation, any Account Holder(s) account(s) (except IRA accounts), for any liabilities, obligations, or other amounts owed to us by you (e.g., overdrafts and any related fees and charges) and such is applicable irrespective of any contribution to the Account or source of funds in the Account in the event of the failure of the Account Holder(s) to satisfy any financial obligation due and payable to the Credit Union. In the event that a negative balance is created in your Account (whether due to ATM activity, returned deposit activity, NSF check activity, Credit Union-imposed fees and charges, or otherwise) or you have other outstanding financial obligations of any kind owed to us, which are in default, you understand and agree that we may transfer funds to such Account from any other deposit account in the Account Holder(s) name (excluding IRA accounts), including accounts upon which the Account Holder(s) is a joint owner, in an amount equal to the negative account balance or the outstanding financial obligation which is in default. You understand and agree that we may enforce this right without further notice. In the event the Credit Union cannot offset the entire negative balance in your Account and is forced to pursue alternative collection efforts, Account Holder agrees to pay the Credit Union s reasonable attorney fees and costs associated with such collection efforts. 30
Termination of Account or Products We reserve the right to refuse to open any account, to provide any service in connection with an account, or to accept additional deposits to an existing account. You understand and agree that we may terminate account products at our option, at any time, without written notice to you. We may also suspend offering account products from time to time at our discretion without notice to you. We or you may terminate any of your Accounts at any time. You understand, however, that our authority may not be changed or terminated except by written notice to us, which will not affect prior transactions. In addition, our termination or suspension of an account will not affect your obligation to pay any outstanding balances or charges owed. Governing Law This TIS Agreement shall be construed in accordance with the laws of the State of California, including the California Uniform Commercial Code (UCC). Share Account Agreement Transfers to Third Parties No more than six preauthorized, automatic, online or telephonic transfers made to another account at the Credit Union or to a third party or no more than six transfers or withdrawals made by check, draft, debit card or similar order payable to a third party may be made from each savings account or money market account in any calendar month. If an Account Holder exceeds, or attempts to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee as stated on the Fee Schedule which accompanies this agreement and is incorporated herein, may be imposed on the excess transfer requests, and the Credit Union may reclassify or close the account. Transfers initiated by telephone must be counted among the six monthly transfers, except that there are no limits on the number of withdrawals paid directly to an Account Holder when initiated by mail, telephone or messenger. There are no limits on the number of withdrawals if initiated in person. Withdrawals, Prior Notice Requirement The Credit Union reserves the right to require prior written notice of intention to withdraw all or any part of shares not to exceed the notice requirement as set forth in the Credit Union s bylaws. Large Cash Withdrawals For security purposes, we have the right to limit the amount of cash we will provide on demand at a branch. We may require reasonable advance notice for large cash withdrawals. For the safety of both staff and members, the Credit Union does not keep large amounts of cash at financial center locations. You agree that we are not responsible for providing for your security in such transactions and that we may require that you make advance arrangements with a licensed armored carrier for such withdrawals. You understand and agree that if you request a large cash withdrawal, you will be responsible for all fees that may be assessed by a third party on the Credit Union in connection with your request (e.g., cash delivery charges). In addition, we may require that you sign a release releasing us from liability. Please refer to the Fee Schedule for applicable fees. Share Draft Account Agreement Withdrawals, Approved Methods Only share draft blanks and other methods approved by the Credit Union may be used to withdraw funds from a share draft account. Electronic Check Conversion Upon prior notification from the merchant to the Account Holder, a purchase made with a share draft or check can be converted to a one-time electronic fund transfer (EFT) if authorized by the Account Holder. The Account Holder may also authorize merchants to electronically debit the account for returned check fees. It is agreed that the Account Holder authorizes the electronic funds transfers if the transaction is completed after being told (orally or by a notice posted) that the transfer may be processed electronically or if the Account Holder signs a written authorization. Demand Drafts The Credit Union may pay and charge to the applicable share draft account, share drafts drawn by and payable to any person, organization, association or corporation that has been authorized by an Account Holder to be paid, by the provision of MICR encoded information on the account. It is agreed that the Credit Union s rights in respect to such share drafts shall be the same as if it were a share draft drawn and signed by an Account Holder(s) personally. This authority shall remain in effect until revoked by an Account Holder in writing. It is agreed that the Credit Union shall be fully protected in honoring such share drafts. It is further agreed that if any such share draft is dishonored, whether with or without cause, and whether intentionally or inadvertently, the Credit Union shall incur no liability whatsoever, even though such dishonor results in the forfeit of insurance, loss or damage of any kind. Payment of Items Meriwest Credit Union generally clears items in this order: Automated Clearing House ( ACH ) transactions first, then checks are paid in check numerical order from lowest to highest, and then debit card transactions. The order of item payment may create multiple overdrafts during a single banking day for which you will be charged our non-sufficient funds ( Paid NSF ) fee, as outlined in the Fee Schedule, for each overdraft item paid. We reserve the right to change the order of payment without notice to you. 31
In the event of wrongful dishonor which occurs by mistake, our liability shall be limited to actual damages you prove. In the event of a dishonor of any check or other debit on your account, our determination of whether sufficient funds exist in your account may be made at any time between the time the item is received and the time it is returned. If we should choose to make a subsequent account balance check, we must use the last figure in deciding whether to dishonor the check or other debit. If we have paid a check under circumstances giving a basis for objection by you, we shall be subrogated to the rights of: (1) any holder in due course on the check against the drawer or maker; and (2) the payee or any other holder of the check against the drawer or maker, either on the item or under the transaction out of which the item arose; and (3) the drawer or maker against the payee or any other holder of the check with respect to the transaction out of which the check arose. We are neither given notice of nor otherwise affected by a restrictive endorsement of any person or entity except our immediate transferor. Our measure of damages for failure to exercise ordinary care in handling a check will not exceed the amount of the item. Check Orders You acknowledge that we do not sell checks. As a convenience to you, we will submit your initial check order and any reorders for personalized checks to the printer named on the face of the order. If the printer accepts the initial order and any re-orders, the printer will mail the checks directly to you. You authorize us to charge your share draft account for the cost of delivered checks ordered, plus applicable sales tax and shipping costs. Please refer to the Fee Schedule. You are responsible for verifying the accuracy of all information shown on your checks, whether you order them through us or elsewhere. We may provide you with temporary checks that include the exact Magnetic Ink Character Recognition (MICR) line, including routing number and account number, necessary for the proper processing of your checks. You are responsible for ensuring that any checks you use to draw on your account include this same MICR encoding. You understand that it is your responsibility to ensure that checks you order from any third party printer are printed in accordance with applicable standards set by the American National Standards Institute (ANSI) for font, paper, toner, and positioning. You understand that if checks you write do not have the correct routing number, they may not be properly posted, and that if any other part of the encoding is incorrect, posting of the checks may be delayed. If you fail to include proper MICR encoding on your checks and this results in them being hand processed by us, then you will pay a fee, which shall be determined according to the Fee Schedule. Lost or Stolen Paper Items; Unauthorized Items If any of your unissued paper items have been lost or stolen, or if you learn that unauthorized items are being issued on your Account(s), you agree to notify us immediately. To the extent that your failure to so notify us hampers our ability to prevent loss, we will be relieved of any liability for such items. Upon receipt of any such notice, we may at our sole discretion and without any liability to you take one or more of the following actions: Close your Account(s) and open a new account for you Dishonor any paper item you or an Authorized Signer have indicated may have been lost or stolen (unless you or an Authorized Signer subsequently have instructed us to honor such an item) or Pay any paper item presented for payment on your Account, provided you have instructed us to pay such paper item and given us the number of that paper item If we open a new Account(s) for you and you have authorized a third party to automatically make regular deposits to or withdrawals from your Account(s) (such as wire or ACH transfers), we will have no liability to you if you do not receive any regularly scheduled deposit or if a regularly scheduled payment is not made for you due to your failure to notify that third party in a timely fashion of the number of your new Account(s). Overdrafts and Non-Sufficient Funds The Credit Union is under no obligation to pay a share draft which exceeds the balance in an account; the Credit Union may, however, pay such a share draft and recover or obtain a refund of the amount of the resulting overdraft plus a service charge from any of the Account Holders of this account, each of whom expressly agrees that each Account Holder is jointly and severally liable for any and all overdrafts of this account and any and all associated costs created by any Account Holder. It is important that you keep track of the funds in your Account that are available for you to use before you write a check, make a cash withdrawal at an ATM, or use your debit card for a purchase. We encourage you to manage your funds responsibly by keeping track of transactions using the tools that suit you keeping a running balance in your checkbook, checking your available balance online, by phone, or at a Credit Union ATM. Stale-Dated Share Drafts We are under no obligation to pay a share draft (check) which is presented more than six (6) months after its date, but we may do so at our discretion and charge your Account without liability, even if the presentation occurs after the expiration of a stop payment order or notice of postdated change. You agree that we are not required to identify stale-dated checks or seek your permission to pay them. 32
Stop Payments At your request and risk, and provided such request is timely so that we shall have reasonable opportunity to act upon it under our rules, you, or any Authorized Signer, may order a stop payment of any check payable against your Account, and a stop payment fee will be assessed for each stop payment as set forth in the Fee Schedule. Your stop payment request must include the account number, check number, exact amount, check date, and name of payee. We will not be liable for paying a check over a stop payment request if the request is incomplete or incorrect. We may, but shall not be obligated to, receive such order orally or electronically. You agree to indemnify, defend, and hold us harmless for all claims, actions, and damages related to or arising from our action in stopping payment of any check pursuant to your request. If you give a stop payment request orally, the request will be valid for only fourteen (14) days thereafter unless confirmed in writing. Written or electronic orders shall be valid no longer than six (6) months. You have the burden of establishing the fact and amount of loss resulting from payment contrary to a binding stop payment. You may not stop payment on completed electronic POS transactions debiting your checking account. Truncation of Drafts The Account Holder(s) acknowledges that share drafts are truncated and hereby waives any and all rights to receive the items without prejudice to any of the Credit Union s defenses available under the California Uniform Commercial Code (UCC). Paid checks remain the property of the Credit Union upon payment and are not returned to you with periodic statements. Checks are imaged on both sides and stored for seven (7) years from date of posting. You may request and we will provide you with a copy of a requested item within a reasonable time. We will not charge you for the first two (2) copies of items you request appearing on any statement. Additional copies will be subject to an assessment of a fee as set forth in our Fee Schedule. If you have not ordered your checks through our approved check vendors, you understand and agree that we are not responsible for the quality of any check copy that you request from us. If at any time you should use checks printed by a check vendor that was not approved by us, we reserve the right to reject any check of poor quality. Substitute Check(s) For purposes of this Agreement, a substitute check means a paper reproduction of an original check that contains an image of the front and back of the original check, is suitable for automated processing in the same manner as the original check, and meets the other technical requirements of Regulation CC. We reserve the right to accept or reject any item for deposit into any of your Accounts. If we accept a substitute check for deposit that you have created, you represent and warrant to us that: (1) the substitute check contains an accurate image of the front and back of the original check and a legend stating that it is the legal equivalent of the original check; (2) no depositary bank, drawee, drawer, or endorser will be asked to pay a check that it already has paid; (3) you are entitled to enforce the substitute check; (4) all signatures on the original check are authentic and authorized; (5) the original check has not been altered; (6) you have no knowledge of any insolvency proceeding commenced with respect to the maker of the original check; and (7) all aspects of the original check are genuine. If we accept a substitute check for deposit that you have created, you further agree to indemnify and hold us harmless from and against any and all losses that any recipient of a substitute check suffers due to the receipt of a substitute check instead of an original check. Liability of Credit Union Except for its own lack of good faith or failure to exercise ordinary care, the Credit Union is not liable for any action it takes regarding the payment or nonpayment of a share draft, even if nonpayment results in the forfeit of insurance, loss or damage of any kind. Your Duty to Indemnify You agree to indemnify, defend and hold us and our employees harmless from and against every claim, demand, action, cost, loss, liability and expense including without limitation, attorneys fees, which we incur by acting in accordance with this Agreement or as a result of your failure to abide by its terms. Closure of Account The Credit Union may close a share draft account at any time. Closure of a share draft account will not affect the obligation to pay any outstanding balances or charges owed. For Share Draft Accounts with Share Overdraft Protection If any Account Holder(s) writes a share draft that would result in this Share Draft Account being overdrawn, the Credit Union is authorized to charge the designated share account(s), regardless of which party signed the item, in such multiples as determined by the Credit Union sufficient to permit the Credit Union to honor the share draft and to credit such charge to this Share Draft Account. No share draft overdraft may be paid by charging a share account if, as a result of such charge, that share account would be subject in any one month to more than six pre-authorized, automatic or telephonic transfers. For Share Draft Accounts with Loan Overdraft Protection If any Account Holder(s) writes a share draft which would result in this Share Draft Account being overdrawn, and if at that time any Account Holder(s) is eligible to receive loan advances from this Credit Union on a loan designated on the Overdraft Agreement, the Credit Union is authorized to make an advance from the designated loan account, and to credit the advance to this Share Draft Account in such multiples as determined by the Credit Union sufficient to permit the Credit Union to honor such share draft and any associated fees as stated in the Fee Schedule. 33
Share Certificate Account Agreement Pledging of Funds Share certificates may not be pledged, transferred, or assigned to any party other than the Credit Union unless otherwise provided by statute. Shares invested for an Individual Retirement Account (IRA) may not be pledged as security for any loan. The Credit Union reserves the right to offset this certificate except as otherwise precluded by law. If the Credit Union offsets funds from this certificate, the funds withdrawn are subject to the early withdrawal penalty. Safe Deposit Boxes Selected Credit Union offices have safe deposit boxes for lease. Your annual lease fee is non-refundable and payable in advance for the lease period. The initial payment for one year will be payable at the time of leasing. Subsequent lease payments will automatically be deducted yearly from your designated account. The annual lease fee and other charges are disclosed in the Fee Schedule. The Safe deposit boxes are subject to State Escheat Laws. At the time you request to lease a safe deposit box, you will be given a disclosure of the terms and conditions applicable to the lease. Taxpayer Identification Number (TIN) and Backup Withholding Instructions for W-9 Form Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien, A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, An estate (other than a foreign estate), or A domestic trust (as defined in Regulations section 301.7701-7). What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called backup withholding. Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, non employee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. 34
Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the Name line. You may enter your business, trade, or doing business as (DBA) name on the Business name line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the Name line and any business, trade, or doing business as (DBA) name on the Business name/disregarded entity name line. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a disregarded entity. See Regulation section 301.7701-2(c)(2)(iii). Enter the owner's name on the Name line. The name of the entity entered on the Name line should never be a disregarded entity. The name on the Name line must be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on the Name line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the Business name/disregarded entity name line. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Note. Check the appropriate box for the U.S. federal tax classification of the person whose name is entered on the Name line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the Name line is an LLC, check the Limited liability company box only and enter the appropriate code for the U.S. federal tax classification in the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter P for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter C for C corporation or S for S corporation, as appropriate. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the Name line) is another LLC that is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the Name line. Other entities. Enter your business name as shown on required U.S. federal tax documents on the Name line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the Business name/disregarded entity name line. Note: You are requested to check the appropriate box for your status (individual/sole proprietor, corporation, etc.). Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the Exemptions box, any code(s) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code on Form W-9. Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete Form W-9 to avoid possible erroneous backup withholding. Exemption from FATCA reporting code. The codes shown on Form W-9, Specific Instructions, Exemption from FATCA reporting code, identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting Form W-9 if you are uncertain if the financial institution is subject to these requirements. 35
Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-owner LLC that is disregarded as an entity separate from its owner (see Limited liability company (LLC)), enter your SSN (or EIN, if you have one). If the LLC is a corporation, partnership, etc., enter the entity s EIN. Note: See the chart for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.socialsecurity.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer ID Numbers under Related Topics. You can get Forms W-7 and SS-4 from the IRS by visiting www.irs.gov or by calling 1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write Applied For in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Writing Applied For means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the Name line must sign. Exempt payees, see Exemptions section. Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. Other payments include payments made in the course of the requester s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a non-employee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 36
Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: Protect your SSN Ensure your employer is protecting your SSN, and Be careful when choosing a tax preparer. Call the IRS at 1-800-829-1040 if you think your identity has been used inappropriately for tax purposes. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1-800- 366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www. consumer.gov/idtheft or 1-877-IDTHEFT (438-4338). Visit the IRS website at www.irs.gov to learn more about identify theft and how to reduce your risk. 37
What Name and Number To Give the Requester For this type of account: 1. Individual 2. Two or more individuals (joint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So-called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded entity owned by an individual 6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(i)(A)) For this type of account: 7. Disregard entity not owned by an individual 8. A valid trust, estate, or pension trust 9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 10. Association, club, religious, charitable, educational, or other tax-exempt organization 11. Partnership or multi-member LLC 12. A broker or registered nominee 13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671-4(b)(2)(i)(B)) Give name and SSN of: The Individual The actual owner of the account or, if combined funds, the first individual on the account¹ The minor² The grantor-trustee¹ The actual owner¹ The owner³ The grantor* Give name and EIN of: The owner Legal Entity 4 The corporation The organization The partnership The broker or nominee The public entity The trust 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person s number must be furnished. 2 Circle the minor s name and furnish the minor s SSN. 3 You must show your individual name and you may also enter your business or DBA name on the Business name/disregarded entity name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. * Note. Grantor also must provide a Form W-9 to trustee of trust. 38
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