Today: Thursday, Aug 28, 2008


- Commercial Loan Application Process
- How to Avoid Home Foreclosure
- How to Improve Your FICO Score
- Start IRA Savings Account
- What is Check 21?
- Beware of Phishing Scams
- Facts About Credit Unions


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The Credit Union will be closed in observance of the following holiday:
Aug 30–Sept 1 (Sat–Mon)
Labor Day Weekend

TABLE OF CONTENTS
MEMBERSHIP AND ACCOUNT AGREEMENT
1. Membership Eligibility
2. Individual Accounts
3. Joint Accounts
4. POD/Trust Account Designations
5. Accounts for Minors
6. Uniform Transfers/Gifts to Minors Account
7. Agency Designation on an Account
8. Deposit of Funds Requirements
9. Account Access
10. ACH & Wire Transfers
11. Account Rates and Fees
12. Transaction Limitations
13. Certificate Accounts
14. Overdrafts
15. Postdated and Staledated Drafts
16. Stop Payment Orders
17. Credit Union Liability
18. Checks Presented for Payment in Person
19. Pledge/Statutory Lien
20. Legal Process
21. Account Information
22. Notices
23. Taxpayer Identification Numbers and Backup Withholding
24. Statements
25. Inactive Accounts
26. Special Account Instructions
27. Termination of Account
28. Termination of Membership
29. Death of Account Owner
30. Severability
31. Enforcement
32. Governing Law
33. Negative Information Notice
1. General Policy
2. Reservation of Right to Hold
3. Holds on Other Funds
4. Longer Delays May Apply
5. Special Rules for New Accounts
6. Deposits at Nonproprietary ATMs
7. Foreign Checks or Drafts
ELECTRONIC FUNDS TRANSFER
AGREEMENT AND DISCLOSURE
1. EFT Services
2. Transfer Limitations
3. Conditions of EFT Services
4. Fees and Charges
5. Member Liability
6. Right to Receive Documentation
7. Account Information Disclosure
8. Business Days
9. Credit Union Liability for Failure to Make Transfers
10. Notices
11. Billing Errors
12. Termination of EFT Services
13. Governing Law
14. Enforcement
MEMBERSHIP AND ACCOUNT AGREEMENT
This Agreement covers the rights and responsibilities concerning your
accounts and the rights and responsibilities of the credit union providing
this agreement (Credit Union). In this Agreement, the words “you” and
“yours” mean anyone who signs an Account Card or Account Change Card
(account card or any other account opening document). The words “we,”
“us,” and “our” mean the credit union. The word “account” means any one
or more share or other accounts you have with the credit union.
Your account type(s) and ownership features are designated on your Account
Card. By signing an Account Card, each of you, jointly and severally, agree
to the terms and conditions in this Agreement and Account Card, the Funds
Availability Policy Disclosure, Truth-in-Savings Disclosure, Electronic Funds
Transfer Agreement and Disclosure, Privacy Notice Disclosure and any
Account Receipt accompanying this Agreement, and the credit union’s bylaws
and policies, and any amendments to these documents from time to time
which collectively govern your membership and accounts.
1. MEMBERSHIP ELIGIBILITY — To join the credit union you must meet
the membership requirements including purchase and maintenance of the
minimum required share(s) (“membership share”) as set forth in the credit
union’s bylaws. You authorize us to check your account, credit, and
employment history, and obtain reports from third parties, including credit
reporting agencies, to verify your eligibility for the accounts and services
you request.
2. INDIVIDUAL ACCOUNTS — An individual account is an account owned
by one member (individual, corporation, partnership, trust or other
organization) qualified for credit union membership. If the account owner
dies, the interest passes, subject to applicable law, to the account owner’s
estate or Payable on Death (POD) beneficiary/payee or trust beneficiary,
subject to other provisions of this Agreement governing our protection for
honoring transfer and withdrawal requests of an owner or owner’s agent
prior to notice of an owner’s death and to any security interest or pledge
granted by the account owner and subject to our statutory lien rights.
3. JOINT ACCOUNTS — A joint account is an account owned by two or
more persons.
a. Rights of Survivorship. Unless otherwise stated on the Account Card,
a joint account includes rights of survivorship. This means when one owner
dies, all sums in the account will pass to the surviving owner(s). For a joint
account without rights of survivorship, the deceased owner’s interest passes
to his or her estate. A surviving owner’s interest is subject to the credit
union’s statutory lien for the deceased owner’s obligations, and to any
security interest or pledge granted by a deceased owner, even if a surviving
owner did not consent to it.
b. Control of Joint Accounts. Any owner is authorized and deemed to act
for any other owner(s) and may instruct us regarding transactions and other
account matters. Each owner guarantees the signature of any other owner(s).
Any owner may withdraw all funds, stop payment on items, transfer, or pledge
to us all or any part of the shares without the consent of the other owner(s).
We have no duty to notify any owner(s) about any transaction. We reserve the
right to require written consent of all owners for any change to or termination
of an account. If we receive written notice of a dispute between owners or
inconsistent instructions from them, we may suspend or terminate the account
and require a court order or written consent from all owners to act.
c. Joint Account Owner Liability. If an item deposited in a joint account
is returned unpaid, a joint account is overdrawn, or if we do not receive
final payment on a transaction, the owners, jointly and severally, are liable
to us for the amount of the returned item, overdraft, or unpaid amount and
any charges, regardless of who initiated or benefited from the transaction.
If any account owner is indebted to us, we may enforce our rights against
any account of the indebted owner, including all funds in the joint account
regardless of who contributed the funds in the account.
4. POD/TRUST ACCOUNT DESIGNATIONS — A Payable on Death (POD)
account or trust account designation is an instruction to the credit union
that an individual or joint account so designated is payable to the owner(s)
during his, her or their lifetimes and, when the last account owner dies,
payable to all and surviving POD or trust beneficiaries/payees. If there is
more than one surviving beneficiary/payee, the account is owned jointly by
such beneficiaries/payees without rights of survivorship upon the death of
the last account owner. Any POD or trust beneficiary/payee designation shall
not apply to Individual Retirement Accounts (IRAs). We are not obligated to
notify any beneficiary/payee of the existence of any account or the vesting
of the beneficiary/payee’s interest in any account, except as otherwise
provided by law. This paragraph does not apply to an account held on behalf
of or held in the name of a trust.
5. ACCOUNTS FOR MINORS — We may require any account established
by a minor to be a joint account with an owner who has reached the age of
majority under state law and who shall be jointly and severally liable to us
for any returned item, overdraft, or unpaid charges or amounts on such
account. We may pay funds directly to the minor without regard to his or
her minority. Unless a guardian or parent is an account owner, the guardian
or parent shall not have any account access rights. We have no duty to
inquire about the use or purpose of any transaction. We will not change the
account status when the minor reaches the age of majority, unless authorized
in writing by all account owners.
6. UNIFORM TRANSFERS/GIFTS TO MINORS ACCOUNT — A Uniform
Transfers/Gifts to Minors Account (UTMA/UGMA) is an individual account
created by a custodian who deposits funds as an irrevocable gift to a minor.
The minor to whom the gift is made is the beneficiary of the custodial
property in the account. The custodian has possession and control of the
account for the exclusive right and benefit of the minor and barring a court
order otherwise, is the only party entitled to make deposits, withdrawals, or
close the account. We have no duty to inquire about the use or purpose of
any transaction. If the custodian dies, we may suspend the account until we
receive instructions from any person authorized by law to withdraw funds
or a court order authorizing withdrawal.
7. AGENCY DESIGNATION ON AN ACCOUNT — An agency designation on
an account is an instruction to us that the owner authorizes another person
to make transactions as agent for the account owner regarding the accounts
designated. An agent has no ownership interest in the account(s) or credit
union voting rights. We have no duty to inquire about the use or purpose of
any transaction made by the agent.
8. DEPOSIT OF FUNDS REQUIREMENTS — Funds may be deposited to
any account, in any manner approved by the credit union in accordance
with the requirements as set forth in the Truth-in-Savings Disclosure.
Deposits made by mail, at night depositories or at unstaffed facilities are
not our responsibility until we receive them. We reserve the right to refuse
or to return any deposit.
a. Endorsements. We may accept transfers, checks, drafts, and other items
for deposit into any of your accounts if they are made payable to, or to the
order of, one or more account owners even if they are not endorsed by all
payees. You authorize us to supply missing endorsements of any owners if
we choose. If a check, draft or item that is payable to two or more persons
is ambiguous as to whether it is payable to either or both, we may process
the check, draft or item as though it is payable to either person. If an
insurance, government, or other check or draft requires an endorsement,
we may require endorsement as set forth on the item. Endorsements must
be made on the back of the share draft or check within 1½ inches from the
top edge, although we may accept endorsements outside this space.
However, any loss we incur from a delay or processing error resulting from
an irregular endorsement or other markings by you or any prior endorser
will be your responsibility.
b. Collection of Items. We act only as your agent and we are not
responsible for handling items for deposit or collection beyond the exercise
of ordinary care. We are not liable for the negligence of any correspondent
or for loss in transit, and each correspondent will only be liable for its own
negligence. We may send any item for collection. Items drawn on an
institution located outside the United States are handled on a collection
basis only. You waive any notice of nonpayment, dishonor, or protest
regarding items we purchase or receive for credit or collection to your
account. We reserve the right to pursue collection of previously dishonored
items at any time, including giving a payor financial institution extra time
beyond any midnight deadline limits.
c. Restrictive Legends. Some checks and drafts contain restrictive legends
or similar limitations on the front of the item. Examples of restrictive legends
include “two signatures required”, “void after 60 days” or “not valid over
$500.” We are not liable for payment of any check or draft contrary to a
restrictive legend or other limitation contained in or on the item unless we
have specifically agreed in writing to the restrictions or limitations.
d. Final Payment. All items or Automated Clearing House (ACH) transfers
credited to your account are provisional until we receive final payment. If
final payment is not received, we may charge your account for the amount
of such items or ACH transfers and impose a return item charge on your
account. Any collection fees we incur may be charged to your account. We
reserve the right to refuse or return any item or funds transfer.
e. Direct Deposits. We may offer preauthorized deposits (e.g., payroll
checks, Social Security or retirement checks, or other government checks)
or preauthorized transfers from other accounts. You must authorize direct
deposits or preauthorized transfers by filling out a separate form. You must
notify us at least thirty (30) days in advance to cancel or change a direct
deposit or transfer option. If your account is overdrawn, you authorize us
to deduct the amount your account is overdrawn from any deposit, including
deposits of government payments or benefits. Upon a bankruptcy filing,
unless you cancel the authorization, we will continue applying payments
from direct deposits in accordance with your authorization on file with us.
If we are required to reimburse the U.S. Government for any benefit payment
directly deposited into your account, we may deduct the amount returned
from any of your accounts, unless prohibited by law.
f. Crediting of Deposits. Deposits made after the deposit cut-off time
and deposits made on either holidays or days that are not our business
days will be credited to your account on the next business day.
9. ACCOUNT ACCESS —
a. Authorized Signature. Your signature on the Account Card authorizes
your account access. We will not be liable for refusing to honor any item or
instruction if we believe the signature is not genuine. If you have authorized
the use of a facsimile signature, we may honor any check or draft that appears
to bear your facsimile signature even if it was made by an unauthorized
person. You authorize us to honor transactions initiated by a third person
to whom you have given your account number even if you do not authorize
a particular transaction.
b. Access Options. You may withdraw or transfer funds from your
account(s) in any manner we permit (e.g., at an automated teller machine,
in person, by mail, Internet access, automatic transfer, or telephone, as
applicable). We may return as unpaid any check or draft drawn on a form
we do not provide, and you are responsible for any loss we incur handling
such a check or draft. We have the right to review and approve any form of
power of attorney and may restrict account withdrawals or transfers. We
are under no obligation to honor any power of attorney.
c. Credit Union Examination. We may disregard information on any check
or draft other than the signature of the drawer, the amount and any magnetic
encoding. You agree we do not fail to exercise ordinary care in paying an item
solely because our procedures do not provide for sight examination of items.
10. ACH & WIRE TRANSFERS — Except as amended by this Agreement, electronic funds transfers we permit that are subject to Article 4A of the Uniform Commercial Code will be subject to such provisions of the Uniform Commercial
Code as enacted by the state where the main office of the Credit Union is
located. We may execute certain requests for electronic funds transfers by
Fedwire. Fedwire transactions are subject to Federal Reserve Board Regulation
J. You may order electronic funds transfers to or from your account. We will
debit your account for the amount of an electronic funds transfer and will
charge your account for any fees related to the transfer. Unless we agree
otherwise in writing, we reserve the right to refuse to execute any order to
transfer funds to or from your account. We are not obligated to execute any
order to transfer funds out of your account if the amount of the requested
transfer plus applicable fees exceeds the available funds in your account. We
are not liable for errors, delays, interruptions or transmission failures caused
by third parties or circumstances beyond our control including mechanical,
electronic or equipment failure. We will not provide you with next day notice
of ACH, wire transfers and other electronic payments credited to your account.
You will receive notice of such credits on your account statements. You may
contact us to determine whether a payment has been received. If we fail to
properly execute a payment order, and such action results in a delay in payment
to you, we will pay you dividends or interest for the period of delay as required
by applicable law. The dividends or interest paid to you will be based on the
lowest nominal dividend or interest rate we were paying on any account during
that period. Payment orders we accept will be executed within a reasonable
time of receipt by may not necessarily be executed on the date they are received.
Cut-off times may apply to the receipt, execution and processing of funds
transfers, payment orders, cancellations, and amendments and if received
after a cut-off time, may be treated as having been received on the next
following funds transfer business day. Information about any cut-off times is
available upon request. When you initiate a wire transfer, you may identify the
recipient and any financial institution by name and by account or identifying
number. The credit union and any other financial institutions facilitating the
transfer may rely strictly on the account or identifying number even if the
number identifies a different person or financial institution. Any account owner
may amend or cancel a payment order even if that person did not initiate the
order. We may refuse requests to amend or cancel a payment order that we
believe will expose the credit union to liability or loss. Any request to amend
or cancel a payment order that we accept will be processed within a reasonable
time after it is received. You agree to hold us harmless from and indemnify us
for all losses and expenses resulting from any actual or attempted amendment
or cancellation of a payment order. We may require you to follow a security
procedure to execute a payment order or certain electronic funds transfer
transactions. We will notify you of any such security procedures and you
agree that our security procedures are commercially reasonable.
11. ACCOUNT RATES AND FEES — We pay account earnings and assess
fees against your account as set forth in the Truth-in-Savings Disclosure.
We may change the Truth-in-Savings Disclosure at any time and will notify
you as required by law.
12. TRANSACTION LIMITATIONS —
a. Withdrawal Restrictions. We will pay checks or drafts, permit
withdrawals and make transfers from available funds in your account. The
availability of funds in your account may be delayed as described in our
Funds Availability Policy Disclosure. We may also pay checks or drafts, permit
withdrawals and make transfers from your account from insufficient available
funds if you have established an overdraft protection plan or, if you do not
have such a plan with us, according to our overdraft payment policy.
We may refuse to allow a withdrawal in some situations, and will advise you
accordingly; for example: (1) a dispute between account owners (unless a
court has ordered the credit union to allow the withdrawal); (2) a legal
garnishment or attachment is served; (3) the account secures any obligation
to us; (4) required documentation has not been presented; or (5) you fail to
repay a credit union loan on time. We may require you to give written notice
of seven (7) days to sixty (60) days before any intended withdrawals.
b. Transfer Limitations. We may limit the dollar amount or the number of
transfers from your account. Please consult your Truth-in-Savings Disclosure
or your Electronic Funds Transfer Agreement and Disclosure.
13. CERTIFICATE ACCOUNTS — Any time deposit, term share, share
certificate, or certificate of deposit account allowed by state law (certificate
account), whichever we offer, is subject to the terms of this Agreement, the
Truth-in-Savings Disclosure and Account Deposit Receipt for each account,
the terms of which are incorporated herein by reference.
14. OVERDRAFTS —
a. Payment of Overdrafts. If, on any day, the funds in your share or deposit
account are not sufficient to pay the full amount of a check, draft, item,
transaction or other items posted to your account plus any applicable fee
(“overdraft”), we may pay or return the overdraft. The credit union’s
determination of an insufficient available account balance may be made at
any time between presentation and the credit union’s midnight deadline
with only one review of the account required. We do not have to notify you
if your account does not have sufficient available funds to pay an overdraft.
Your account may be subject to a charge for each overdraft regardless of
whether we pay or return the overdraft. Except as otherwise agreed in writing,
if we exercise our right to use our discretion to pay an overdraft, we do not
agree to pay overdrafts in the future and may discontinue covering overdrafts
at any time without notice. If we pay an overdraft or impose a fee that
overdraws your account, you agree to pay the overdrawn amount in
accordance with your overdraft protection plan or, if you do not have such
a plan, in accordance with our overdraft policy.
b. Order of Payment. Checks, drafts, items and other transactions may
not be processed in the order that you make them or in the order that we
receive them. We may, at our discretion, pay a check, draft or item and
execute other transactions on your account in any order we choose. The
order in which we process checks, drafts and item and execute other
transactions on your account may affect the total amount of overdraft fees
that may be charged to your account. Please contact us if you have questions
about how we pay checks or drafts and process transfers and withdrawals.
15. POSTDATED AND STALEDATED DRAFTS — You agree not to issue any
check or draft that is postdated. If you do issue a check or draft that is
payable on a future date and we pay it before that date, you agree that we
shall have no liability to you for payment. You agree not to deposit checks,
drafts, or other items before they are properly payable. We are not obligated
to pay any check or draft drawn on your account that is presented more
than six (6) months past its date.
16. STOP PAYMENT ORDERS —
a. Stop Payment Order Request. Any owner may request a stop payment
order on any check or draft drawn on the owner’s account. To be binding the
order must be in writing, dated, signed, and must accurately describe the
check or draft including the exact account number, check or draft number and
the exact amount of the check or draft. This exact information is necessary for
the credit union’s computer to identify the check or draft. If we receive incorrect
or incomplete information, we will not be responsible for failing to stop payment
on the check or draft. In addition, we must receive sufficient advance notice of
the stop payment order to allow us a reasonable opportunity for us to act on
it. If we recredit your account after paying a check or draft over a valid and
timely stop payment order, you agree to sign a statement describing the dispute
with the payee, to assign to us all of your rights against the payee or other
holders of the check or draft and to assist us in any legal action.
b. Duration of Order. You may make an oral stop payment order which will
lapse within fourteen (14) calendar days unless confirmed in writing within that
time. Stop payment orders are effective for six (6) months and may be renewed
in additional six (6) month periods by requesting in writing that the stop payment
order be renewed within the period which the stop payment order is in effect.
We are not required to notify you when a stop payment order expires.
c. Liability. Fees for stop payment orders are set forth in the Truth-in-
Savings Disclosure. You may not stop payment on any certified check,
cashier’s check, teller’s check, or any other check, draft, or payment
guaranteed by us. Although payment of an item may be stopped, you may
remain liable to any item holder, including us. You agree to indemnify and
hold the credit union harmless from all costs, including attorney’s fees,
damages or claims related to our refusing payment of an item, including
claims of any joint account owner, payee, or endorsee in failing to stop
payment of an item as a result of incorrect information provided by you.
17. CREDIT UNION LIABILITY — If we do not properly complete a transaction
according to this Agreement, we will be liable for your losses or damages not
to exceed the amount of the transaction, except as otherwise provided by
law. We will not be liable if: (1) your account contains insufficient funds for
the transaction; (2) circumstances beyond our control prevent the transaction;
(3) your loss is caused by your or another financial institution’s negligence;
or (4) your account funds are subject to legal process or other claim. We will
not be liable for consequential damages, except liability for wrongful dishonor.
We exercise ordinary care if our actions or non-actions are consistent with
applicable state law, Federal Reserve regulations and operating letters,
clearinghouse rules, and general financial institution practices followed in the
area we serve. You grant us the right, in making payments of deposited funds,
to rely exclusively on the form of the account and the terms of this Agreement.
Any conflict between what you or our employees may say or write will be
resolved by reference to this Agreement.
18. CHECKS PRESENTED FOR PAYMENT IN PERSON — We may refuse to
accept any check or draft drawn on your account that is presented for
payment in person. Such refusal shall not constitute a wrongful dishonor of
the check or draft and we shall have no liability for refusing payment. If we
agree to pay a check or draft that is presented for payment in person, we
may require the presenter to pay a fee. Any applicable check or draft cashing
fees are stated in the fee schedule.
19. PLEDGE/STATUTORY LIEN — Unless prohibited by law, you pledge and
grant as security for all obligations you may have now or in the future,
except obligations secured by your principal residence, all shares and
dividends and all deposits and interest, if any, in all accounts you have with
us now and in the future. If you pledge a specific dollar amount in your
account for a loan, we will freeze the funds in your account(s) to the extent
of the outstanding balance of the loan or, if greater, the amount of the pledge
if the loan is a revolving loan. Otherwise, funds in your pledged account(s)
may be withdrawn unless you are in default. Federal or state law, depending
upon whether we have a federal or state charter, gives us a lien on all shares
and dividends and all deposits and interest, if any, in accounts you have
with us now and in the future. Except as limited by state or federal law, the
statutory lien gives us the right to apply the balance of all your accounts to
any obligation on which you are in default. After you are in default, we may
exercise our statutory lien rights without further notice to you.
Your pledge and our statutory lien rights will allow us to apply the funds
in your account to what you owe when you are in default, except as limited
by state or federal law. If we do not apply the funds in your account(s) to
satisfy your obligation, we may place an administrative freeze on your
account(s) in order to protect our statutory lien rights and may apply the
funds in your account(s) to the amount you owe us at a later time. The
statutory lien and your pledge do not apply to any Individual Retirement
Account or any other account that would lose special tax treatment under
state or federal law if given as security. By not enforcing our right to apply
funds in your account to your obligations that are in default, we do not
waive our right to enforce these rights at a later time.
20. LEGAL PROCESS — If any legal action is brought against your account,
we may pay out funds according to the terms of the action or refuse any
payout until the dispute is resolved. Any expenses or attorney fees we incur
responding to legal process may be charged against your account without
notice, unless prohibited by law. Any legal process against your account is
subject to our lien and security interest.
21. ACCOUNT INFORMATION — Upon request, we will give you the name
and address of each agency from which we obtain a credit report regarding
your account. We agree not to disclose account information to third parties
except when: (1) it is necessary to complete a transaction; (2) the third party
seeks to verify the existence or condition of your account in accordance with
applicable law; (3) such disclosure complies with the law or a government
agency or court order; or (4) you give us written permission.
22. NOTICES —
a. Name or Address Changes. You are responsible for notifying us of any
address or name change. The credit union is only required to attempt to
communicate with you at the most recent address you have provided to us.
We may require all names and address change to be provided in writing. If
we attempt to locate you, we may impose a service fee as set forth in the
Truth-in-Savings Disclosure.
b. Notice of Amendments. Except as prohibited by applicable law, we may
change the terms of this Agreement. We will notify you of any changes in terms,
rates, or fees as required by law. We reserve the right to waive any term in this
Agreement. Any such waiver shall not affect our right to future enforcement.
c. Effect of Notice. Any written notice you give us is effective when we
receive it. Any written notice we give to you is effective when it is deposited
in the U.S. mail, postage prepaid and addressed to you at your statement
mailing address. Notice to any account owner is considered notice to all
account owners.
23. TAXPAYER IDENTIFICATION NUMBERS AND BACKUP WITHHOLDING —
Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet
other requirements may result in backup withholding. If your account is subject
to backup withholding, we must withhold and pay to the Internal Revenue
Service (IRS) a percentage of dividends, interest, and certain other payments.
If you fail to provide your TIN, we may suspend opening your account.
24. STATEMENTS —
a. Contents. If we provide a periodic statement for your account, you will
receive a periodic statement of transactions and activity on your account during
the statement period as required by applicable law. If a periodic statement is
provided, you agree that only one statement is necessary for joint accounts.
For share draft or checking accounts, you understand and agree that your
original check or draft, when paid, becomes property of the credit union and
may not be returned to you, but copies may be retained by us or be payable
through financial institutions and made available upon your request. You
understand and agree that statements are made available to you on the date
they are sent to you. You also understand and agree that checks, drafts or
copies thereof are made available to you on the date the statement is sent to
you, even if the checks or drafts do not accompany the statement.
b. Examination. You are responsible for promptly examining each
statement upon receiving it and reporting any irregularities to us. If you fail
to report any irregularities such as forged, altered, unauthorized, unsigned,
or otherwise fraudulent items drawn on your account, erroneous payments
or transactions, or other discrepancies reflected on your statement within
thirty-three (33) days of the date we sent the statement to you, we will not
be responsible for your loss. We also will not be liable for any items that are
forged or altered in a manner not detectable by a reasonable person, including
the unauthorized use of a facsimile signature machine.
c. Notice to Credit Union. You agree that the credit union’s retention of
checks or drafts does not alter or waive your responsibility to examine your
statements or the time limit for notifying us of any errors. The statement
will be considered correct for all purposes and we will not be liable for any
payment made or charged to your account unless you notify us in writingwithin the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within fourteen (14) days of the
time you regularly receive a statement.
25. INACTIVE ACCOUNTS —
(For Oregon Members Only)
If your account falls below any applicable minimum balance and you have not
made any transactions over a period specified in the Truth-in-Savings Disclosure
during which we have been unable to contact you by regular mail, we may
classify your account as inactive or dormant. Unless prohibited by applicable
law, we may charge a service fee as set forth in the Truth-in-Savings Disclosure
for processing your inactive account. If we impose a fee, we will notify you, as
required by law, at your last known address. You authorize us to transfer funds
from another account of yours to cover any service fees, if applicable. To the
extent allowed by law, we reserve the right to transfer the account funds to an
account payable and to suspend any further account statements. If a deposit or
withdrawal has not been made on the account and we have had no other sufficient
contact with you within the period specified by state law, the account will be
presumed to be abandoned. Funds in abandoned accounts will be reported and
remitted in accordance with state law. Once funds have been turned over to the
state, we have no further liability to you for such funds and if you choose to
reclaim such funds, you must apply to the appropriate state agency.
(For New York Members Only)
If your account falls below any applicable minimum balance and you have not
made any transactions over a period specified in the Truth-in-Savings
Disclosure during which we have been unable to contact you by regular mail,
we may classify your account as inactive or dormant. Unless prohibited by
applicable law, we may charge a service fee set forth in the Truth-in-Savings
Disclosure for processing your inactive account. If we impose a fee, we will
notify you, as required by law, at your last known address. You authorize us
to transfer funds from another account of yours to cover any service fees, if
applicable. To the extent allowed by law, we reserve the right to transfer the
account funds to an account payable and to suspend any further account
statements. If a deposit or withdrawal has not been made on the account and
we have had no other sufficient contact with you within the period specified
by state law, the account will be presumed to be abandoned. Funds in
abandoned accounts will be reported and remitted in accordance with state
law. Once funds have been turned over to the state, we have no further liability
to you for such funds and if you choose to reclaim such funds, you must
apply to the appropriate state agency.
(For California Members Only)
If, for a period of three (3) years, you have not: (1) increased or decreased the
amount in your account; (2) corresponded with us in writing concerning your
account; or (3) otherwise indicated an interest in the account as evidenced by
a memorandum in our files, the funds will be turned over to the state. We will
notify you as required by state law before paying the funds in your account to
the state. To the extent allowed by law, we reserve the right to transfer the
account funds to an account payable and to suspend any further account
statements. Once funds have been turned over to the state, we have no further
liability to you for such funds and if you choose to reclaim such funds, you
must apply to the appropriate state agency.
(For Massachusetts Members Only)
If your account falls below any applicable minim balance and you have not
made any transactions over a period specified in the Truth-In-Savings
Disclosure during which we have been unable to contact you by regular
mail, we may classify your account as inactive or dormant. Unless prohibited
by applicable law, we may charge a service fee as set forth in the Truth-In-
Savings Disclosure for processing your inactive account. If we impose a
fee, we will notify you, as required by law, at you last known address. You
authorize us to transfer funds from another account of yours to cover any
service fees, if applicable. To the extent allowed by law, we reserve the right
to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or withdrawal has not been made
on the account and we have had not other sufficient contact with you within
the period specified by state law, the account will be presumed to be
abandoned. Funds in abandoned accounts will be reported and remitted in
accordance with state law. Once funds have been turned over to the state,
we have not further liability to you for such funds and if you choose to
reclaim such funds, you must apply to the appropriate state agency.
26. SPECIAL ACCOUNT INSTRUCTIONS — You may request that we facilitate
certain trust, will, or court-ordered account arrangements. However, because
we do not give legal advice, we cannot counsel you as to which account
arrangement most appropriately meets the specific requirements of your
trust, will, or court order. If you ask us to follow any instructions that we
believe might expose us to claims, lawsuits, expenses, liabilities, or damages,
whether directly or indirectly, we may refuse to follow your instructions or
may require you to indemnify us or post a bond or provide us with other
protection. Account changes requested by you, or any account owner, such
as adding or closing an account or service, must be evidenced by a signed
Account Change Card and accepted by us.
27. TERMINATION OF ACCOUNT — We may terminate your account at any
time without notice to you or may require you to close your account and
apply for a new account if: (1) there is a change in owners or authorized
signers; (2) there has been a forgery or fraud reported or committed involving
your account; (3) there is a dispute as to the ownership of the account or of
the funds in the account; (4) any checks or drafts are lost or stolen; (5)
there are excessive returned unpaid items not covered by an overdraft
protection plan; (6) there has been any misrepresentation or any other abuse
of any of your accounts; or (7) we reasonably deem it necessary to prevent
a loss to us. You may terminate an individual account by giving written
notice. We reserve the right to require the consent of all owners to terminate
a joint account. We are not responsible for payment of any check, draft,
withdrawal, or other item after your account is terminated; however, if we
pay an item after termination, you agree to reimburse us.
28. TERMINATION OF MEMBERSHIP — You may terminate your
membership by giving us written notice or by withdrawing your minimum
required membership share, if any, and closing all your accounts. You may
be denied services for causing a loss to the credit union or you may be
expelled for any reason as allowed by applicable law.
29. DEATH OF ACCOUNT OWNER — We may continue to honor all transfer
orders, withdrawals, deposits and other transactions on an account until
we know of a member’s death. Once we know of a member’s death, we may
pay checks or drafts or honor other payments or transfer orders authorized
by the deceased member for a period of ten (10) days after that date unless
we receive instructions from any person claiming an interest in the account
to stop payment on the checks, drafts or other items. We may require anyone
claiming a deceased owner’s account funds to indemnify us for any losses
resulting from our honoring that claim. This Agreement will be binding upon
any heirs or legal representatives of any account owner.
30. SEVERABILITY — If a court holds any portion of this Agreement to be
invalid or unenforceable, the remainder of this Agreement shall not be invalid
or unenforceable and will continue in full force and effect. All headings are
intended for reference only and are not to be construed as part of the Agreement.
31. ENFORCEMENT — You are liable to us for any losses, costs or expenses
we incur resulting from your failure to follow this Agreement. You authorize
us to deduct any such losses, costs or expenses from your account without
prior notice to you. If we bring a legal action to collect any amount due under
or to enforce this Agreement, we shall be entitled, subject to applicable law,
to payment of reasonable attorney’s fees and costs, including fees on any
appeal, bankruptcy proceedings, and any post-judgment collection actions.
32. GOVERNING LAW — This Agreement is governed by the credit union’s
bylaws, federal laws and regulations, the laws, including applicable principles of contract law, and regulations of the state in which the credit union’s main
office is located, and local clearinghouse rules, as amended from time to time. As permitted by applicable law, you agree that any legal action regarding this
Agreement shall be brought in the county in which the credit union is located.
33. NEGATIVE INFORMATION NOTICE — We may report information about
your loan, share or deposit accounts to credit bureaus. Late payments,
missed payments, or other defaults on your accounts may be reflected in
your credit report.
(For California Members Only)
This Disclosure describes your ability to withdraw funds from all your
accounts at Ukrainian Federal Credit Union except for funds deposited to
certificate accounts. The credit union reserves the right to delay the
availability of funds deposited to certificate accounts for periods longer than
those disclosed here. Please ask us if you have a question about which
accounts are affected by this policy.
(For Massachusetts and Oregon Members Only)
This policy disclosure describes your ability to withdraw funds at Ukrainian
Federal Credit Union. It only applies to the availability of funds in “transaction
accounts”. Transaction accounts are accounts that do not limit the number
or types of withdrawals or transfers you may make. The credit union reserves
the right to delay the availability of funds deposited to accounts that are not
transaction accounts for periods longer than those disclosed in this policy.
Please ask us if you have a question about which of your accounts are
affected by this policy.
(For New York Members Only)
This Disclosure describes your ability to withdraw funds from any account
at Ukrainian Federal Credit Union.
1. GENERAL POLICY — Our policy is to make funds from your cash and
check deposits available to you on the same business day that we receive
your deposit. Electronic direct deposits will be available on the day we receive
the deposit. Once they are available, you can withdraw the funds in cash and
we will use the funds to pay checks or drafts that you have written. For
determining the availability of your deposits, every day is a business day,
except Saturdays, Sundays, and federal holidays. If you make a deposit before
4:00 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 4:00 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.
2. RESERVATION OF RIGHT TO HOLD — In some cases, we will not make
all of the funds that you deposit by check or draft available to you on the
same business day that we receive your deposit. Depending on the type of
check or draft that you deposit, funds may not be available until the fifth (5th)
business day after the day of your deposit. However, the first $100.00 of
your deposit will be available on the first (1st) business day after the day of
your deposit. If we are not going to make all of the funds from your deposit
available on the same business day, we will notify you at the time you make
your deposit. We will also tell you when the funds will be available. If your
deposit is not made directly to one of our employees, or if we decide to take
this action after you have left the premises, we will mail you the notice by
the next business day after we receive your deposit. If you will need the
funds from a deposit right away, you should ask us when the funds will be
available.
3. HOLDS ON OTHER FUNDS — If we cash a check or draft for you that is
drawn on another financial institution, we may withhold the availability of a
corresponding amount of funds that are already in your account. Those
funds will be available at the time funds from the check or draft we cashed
would have been available if you had deposited it. If we accept for deposit a
check or draft that is drawn on another financial institution, we may make
funds from the deposit available for withdrawal immediately, but delay your
availability to withdraw a corresponding amount of funds that you have on
deposit in another account with us. The funds in the other account would
then not be available for withdrawal until the time periods that are described
elsewhere in this disclosure for the type of check or draft that you deposited.
4. LONGER DELAYS MAY APPLY — We may delay your ability to withdraw
funds deposited by check or draft into your account an additional number
of days for these reasons:
• We believe a check or draft you deposit will not be paid.
• You deposit checks or drafts totaling more than $5,000 on any one (1) day.
• You deposit a check or draft that has been returned unpaid.
• You have overdrawn your account repeatedly in the last six (6) months.
• There is an emergency, such as failure of communications or computer
equipment.
We will notify you if we delay your ability to withdraw funds for any of these
reasons, and we will tell you when the funds will be available. They will
generally be available no later than the eleventh (11th) business day after
the day of your deposit.
5. SPECIAL RULES FOR NEW ACCOUNTS — If you are a new member, the
following special rules will apply during the first thirty (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 or drafts will be
available on the next business day after the day of your deposit if the deposit
meets certain conditions. For example, the checks or drafts must be payable
to you. The excess over $5,000 will be available on the ninth (9th) business
day after the day of your deposit. If your deposit of these checks or drafts
(other than a U.S. Treasury check or draft) is not made in person to one of
our employees, the first $5,000 will not be available until the second (2nd)
business day after the day of your deposit. Funds from all other check or
draft deposits will be available on the ninth (9th) business day after the day
of your deposit.
6. DEPOSITS AT NONPROPRIETARY ATMS — Funds from any deposits
(cash or checks or drafts) made at automated teller machines (ATMs) we do
not own or operate will not be available until the fifth (5th) business day
after the date of your deposit. This rule does not apply at ATMs that we own
or operate. All ATMs that we own or operate are identified as our machines.
7. FOREIGN CHECKS OR DRAFTS — Checks or drafts drawn on financial
institutions located outside the U.S. (foreign checks or drafts) cannot be
processed the same as checks or drafts drawn on U.S. financial institutions.
Foreign checks or drafts are exempt from the policies outlined in this
disclosure. Generally, the availability of funds for deposits of foreign checks
or drafts will be delayed for the time it takes us to collect the funds from the
financial institutions upon which it is drawn.
ELECTRONIC FUNDS TRANSFER
AGREEMENT AND DISCLOSURE
This Electronic Funds Transfer Agreement is the contract which covers your
and our rights and responsibilities concerning the electronic funds transfer
(EFT) services offered to you by Ukrainian Federal Credit Union (“credit
union”). In this agreement, the words “you” and “yours” mean those who
sign the application or account card as applicants, joint owners, or any
authorized users. The words “we,” “us,” and “our” mean the credit union.
The word “account” means any one or more share (savings) and share
draft (checking) accounts you have with the credit union. Electronic funds
transfers are electronically initiated transfers of money from your account
through the EFT services described below. By signing an application or
account card for EFT services, signing your card, or using any service, each
of you, jointly and severally, agree to the terms and conditions in this
agreement and any amendments for the EFT services offered.
1. EFT SERVICES — If approved, you may conduct any one or more of the
EFT services offered by the credit union.
a. Visa Check Card. If approved, you may use your card to purchase goods
and services from participating merchants. However, you may not use your
card to initiate any type of gambling transaction. If you wish to pay for goods
or services over the Internet, you may be required to provide card number
security information before you will be permitted to complete the transaction.
You agree that you will not use your card for any transaction that is illegal
under applicable federal, state, or local law. Funds to cover your card purchases
will be deducted from your share draft (checking) account. If the balance in
your account is not sufficient to pay the transaction amount, the credit union
will pay the amount and treat the transaction as a request to transfer funds
from other deposit accounts, approved overdraft protection accounts or loan
accounts that you have established with the credit union. If you initiate a
transaction that overdraws your account, you agree to make immediate
payment of any overdrafts together with any service charges to the credit
union. In the event of repeated overdrafts, the credit union may terminate all
services under this agreement. You may use your card and personal
identification number (PIN) in ATMs of the credit union, Visa, Cirrus, NYCE,
and Co-Op networks, and such other machines or facilities as the credit union
may designate. At the present time, you may also use your card to:
• Make deposits to your share (savings) and share draft (checking) accounts.
• Withdraw funds from your share (savings) and share draft (checking)
accounts.
• Transfer funds from your share (savings) and share draft (checking)
accounts.
• Obtain balance information for your share (savings) and share draft
(checking) accounts.
• Access your Overdraft Line of Credit account.
• Make point-of-sale (POS) transactions with your card and personal
identification number (PIN) to purchase goods or services at merchants
that accept Visa.
• Order goods or services by mail or telephone from places that accept Visa.
The following limitations on the frequency and amount of Visa Check Card
transactions may apply and are based on certain credit-worthiness criteria,
you will be notified of the level that pertains to you by the credit union
before you receive your access card. If you require a higher level of availability
of funds with your Visa Check Card, please contact the credit union for
more information.
Level 1
• You may purchase up to a maximum of $500 in any one day, if there are
sufficient funds in your account.
• You may withdraw up to a maximum of 505 in any one day from an
ATM machine, if there are sufficient funds in your account.
• You may purchase up to a maximum of $500 in any one day from a POS
terminal, if there are sufficient funds in your account.
Level 2
• You may purchase up to a maximum of $1,005 in any one day, if there
are sufficient funds in your account.
• You may withdraw up to a maximum of 505 in any one day from an
ATM machine, if there are sufficient funds in your account.
• You may purchase up to a maximum of $1,005 in any one day from a
POS terminal, if there are sufficient funds in your account.
Level 3
• You may purchase up to a maximum of $2,005 in any one day, if there
are sufficient funds in your account.
• You may withdraw up to a maximum of 505 in any one day from an
ATM machine, if there are sufficient funds in your account.
• You may purchase up to a maximum of $2,005 in any one day from a
POS terminal, if there are sufficient funds in your account.
• For security purposes, there are other limits on the frequency and amount
of transfers available at ATMs.
• You may transfer up to the available balance in your accounts at the
time of the transfer.
• See Section 2 for transfer limitations that may apply to these transactions.
b. Automated Member Account Information Service. If we approve
Automated Member Account Information Service for your accounts, a
separate personal identification number (PIN) will be assigned to you. You
must use your personal identification number (PIN) along with your account
number to access your accounts. At the present time, you may use
Automated Member Account Information Service to:
• Withdraw funds from your Money Market and share (savings) and share
draft (checking) accounts.
• Transfer funds from your Money Market and share (savings) and share
draft (checking) accounts.
• Obtain balance information for your Money Market and share (savings)
and share draft (checking) accounts.
• Make loan payments from your Money Market and share (savings) and
share draft (checking) accounts.
• Access your Overdraft Line of Credit account.
• Determine if a particular item has cleared.
• Obtain tax information on amounts earned on share (savings) and share
draft (checking) accounts or interest paid on loan accounts.
• Verify the last date and amount of your payroll deposit.
• Obtain loan payment calculation.
• Obtain current rates.
• Obtain hours and locations.
Your accounts can be accessed under Automated Member Account Information
Service via a touch-tone telephone only. Automated Member Account
Information Service will be available for your convenience twenty-four (24)
hours per day. This service may be interrupted for a short time each day for
data processing.
• There is no limit to the number of inquiries, transfers, or withdrawal
requests you may make in any one day.
• See Section 2 for transfer limitations that may apply to these transactions. The credit union reserves the right to refuse any transaction which would
draw upon insufficient funds, exceed a credit limit, lower an account below
a required balance, or otherwise require us to increase our required reserve
on the account. All checks are payable to you as a primary member and will
be mailed to your address of record. The credit union may set other limits
on the amount of any transaction, and you will be notified of those limits.
The credit union may refuse to honor any transaction for which you do not
have sufficient available verified funds. The service will discontinue if no
transaction is entered after numerous unsuccessful attempts to enter a
transaction, and there may be limits on the duration of each telephone call.
c. Preauthorized EFTs.
• Direct Deposit. Upon instruction of (i) your employer or (ii) the Treasury
Department or (iii) other financial institutions, the credit union will accept
direct deposits of your paycheck or federal recurring payments, such
as Social Security, to your share (savings) and/or share draft (checking)
account.
• Preauthorized Debits. Upon instruction, we will pay certain recurring
transactions from your share draft (checking) account.
• See Section 2 for transfer limitations that may apply to these transactions.
• Stop Payment Rights. If you have arranged in advance to make regular
electronic funds transfers out of your account(s) for money you owe others,
you may stop payment of preauthorized transfers from your account. You
must notify us orally or in writing at any time up to three (3) business days
before the scheduled date of the transfer. We may require written
confirmation of the stop payment order to be made within fourteen (14)
days of any oral notification. If we do not receive the written confirmation,
the oral stop payment order shall cease to be binding fourteen (14) days
after it has been made.
• Notice of Varying Amounts. If these regular payments may vary in
amount, the person you are going to pay is required to tell you, ten (10)
days before each payment, when it will be made and how much it will
be. You may choose instead to get this notice only when the payment
would differ by more than a certain amount from the previous payment
or when the amount would fall outside certain limits that you set.
• Liability for Failure to Stop Payment of Preauthorized Transfers. If
you order us to stop payment of a preauthorized transfer three (3)
business days or more before the transfer is scheduled, and we do not
do so, we will be liable for your losses or damages.
d. Electronic Check Conversion/Electronic Returned Check Fees. If you
pay for purchases or bills with a check or share draft, you may authorize
your check or share draft to be converted to an electronic funds transfer.
You may also authorize merchants or other payees to electronically debit
your account for returned check fees. You are considered to have authorized
these electronic funds transfers if you complete the transaction after being
told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or if you sign a written authorization.
e. UFCU Direct. If we approve UFCU Direct for your accounts, a separate
personal identification number (PIN) will be assigned to you. You must use
your personal identification number (PIN) along with your account number
to access your accounts. At the present time, you may use UFCU Direct to:
• Withdraw funds from your Money Market and share (savings) and share
draft (checking) accounts.
• Transfer funds from your Money Market and share (savings) and share
draft (checking) accounts.
• Obtain balance information for your Money Market and share (savings)
and share draft (checking) accounts.
• Make loan payments from your Money Market and share (savings) and
share draft (checking) accounts.
• Access your Overdraft Line of Credit account.
• Determine if a particular item has cleared.
• Obtain tax information on amounts earned on share (savings) and share
draft (checking) accounts or interest paid on loan accounts.
• Verify the last date and amount of your payroll deposit.
Your accounts can be accessed under UFCU Direct via personal computer.
UFCU Direct will be available for your convenience twenty-four (24) hours
per day. This service may be interrupted for a short time each day for data
processing. We reserve the right to refuse any transaction which would
draw upon insufficient funds, exceed a credit limit, lower an account below
a required balance, or otherwise require us to increase our required reserve
on the account. All checks are payable to you as a primary member and will
be mailed to your address of record. We may set other limits on the amount
of any transaction, and you will be notified of those limits. We may refuse
to honor any transaction for which you do not have sufficient available
verified funds. The service will discontinue if no transaction is entered after
numerous unsuccessful attempts to enter a transaction, and there may be
limits on the duration of each access.
• There is no limit to the number of inquiries, transfers, or withdrawal
requests you may make in any one day.
• See Section 2 for transfer limitations that may apply to these transactions.
2. TRANSFER LIMITATIONS — For all share (savings) accounts, no more
than six (6) preauthorized, automatic, telephone, or Internet transfers and
withdrawals may be made from each account to another account of yours
or to a third party in any month, and no more than three (3) of these six (6)
may be made by check, draft, or access card to a third party. If you exceed
these limitations, your account may be subject to a fee or be closed.
3. CONDITIONS OF EFT SERVICES —
a. Ownership of Cards. Any card or other device which we supply to you
is our property and must be returned to us, or to any person whom we
authorize to act as our agent, or to any person who is authorized to honor
the card, immediately according to instructions. The card may be
repossessed at any time at our sole discretion without demand or notice.
You cannot transfer your card or account to another person.
b. Honoring the Card. Neither we nor merchants authorized to honor the card
will be responsible for the failure or refusal to honor the card or any other
device we supply to you. If a merchant agrees to give you a refund or adjustment,
you agree to accept a credit to your account in lieu of a cash refund.
c. Foreign Transactions.
Visa. Purchases and cash advances made in foreign currencies will be
debited from your account in U.S. dollars. The exchange rate between the
transaction currency and the billing currency used for processing
international transactions is 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 an additional 1%. The exchange rate used on the
processing date may differ from the rate that would have been used on the
purchase date or cardholder statement posting date.
d. Security of Access Code. You may use one or more access codes with
your electronic funds transfers. The access codes issued to you are for
your security purposes. Any codes issued to you are confidential and should
not be disclosed to third parties or recorded on or with the card. You are
responsible for safekeeping your access codes. You agree not to disclose
or otherwise make your access codes available to anyone not authorized to
sign on your accounts. If you authorize anyone to use your access codes,
that authority shall continue until you specifically revoke such authority by notifying the credit union. You understand that any joint owner you authorize
to use an access code may withdraw or transfer funds from any of your
accounts. If you fail to maintain the security of these access codes and the
credit union suffers a loss, we may terminate your EFT services immediately.
e. Joint Accounts. If any of your accounts accessed under this agreement
are joint accounts, all joint owners, including any authorized users, shall be
bound by this agreement and, alone and together, shall be responsible for
all EFT transactions to or from any share (savings) and share draft (checking)
or loan accounts as provided in this agreement. Each joint account owner,
without the consent of any other account owner, may, and is hereby
authorized by every other joint account owner, make any transaction
permitted under this agreement. Each joint account owner is authorized to
act for the other account owners, and the credit union may accept orders
and instructions regarding any EFT transaction on any account from any
joint account owner.
4. FEES AND CHARGES — There are certain fees and charges for EFT
services. For a current listing of all applicable fees, see our current Fee
Schedule that was provided to you at the time you applied for or requested
these electronic services. From time to time, the charges may be changed.
We will notify you of any changes as required by applicable law.
If you use an ATM not operated by us, you may be charged a fee by the ATM
operator and by any national, regional, or local network used in processing
the transaction (and you may be charged a fee for a balance inquiry even if
you do not complete a funds transfer). The ATM surcharge will be debited
from your account if you elect to complete the transaction or continue with
the balance inquiry.
5. MEMBER LIABILITY — You are responsible for all EFT transactions
you authorize. If you permit someone else to use an EFT service, your card
or your access code, you are responsible for any transactions they authorize
or conduct on any of your accounts.
TELL US AT ONCE if you believe your card has been lost or stolen, if you
believe someone has used your card or access code or otherwise accessed
your accounts without your authority, or if you believe that an electronic fund
transfer has been made without your permission using information from your
check. Telephoning is the best way of keeping your possible losses down.
You could lose all the money in your account (plus your maximum overdraft
line of credit). If a transaction was made with your card or card number without
your permission, and was either a Visa or Interlink transaction, you will have
no liability for the transaction, unless you were grossly negligent in the handling
of your account or card. For all other EFT transactions, including ATM
transactions or if you were grossly negligent in the handling of your account
or card, your liability for an unauthorized transaction is determined as follows.
If you tell us within two (2) business days you can lose no more than $50 if
someone used your card without your permission. If you do NOT tell us within
two (2) business days after you learn of the loss or theft of your card, and we
can prove we could have stopped someone from using your card without
your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make including
those made by card, code or other means, TELL US AT ONCE. If you do not
tell us within sixty (60) days after the statement was mailed to you, you
may not get back any money lost after the sixty (60) days if we can prove
that we could have stopped someone from making the transfers if you had
told us in time. If a good reason (such as a hospital stay) kept you from
telling us, we will extend the time periods. If you believe your card has been
lost or stolen or that someone has transferred or may transfer money from
your account without your permission, call:
(585) 544-9518
(877) 968-7828
or write to:
Ukrainian Federal Credit Union
824 Ridge Road East
Rochester, NY 14621-1720
Fax: (585) 338-2980
You should also call the number or write to the address listed above if you
believe a transfer has been made using the information from your check
without your permission.
6. RIGHT TO RECEIVE DOCUMENTATION —
a. Periodic Statements. Transfers and withdrawals made through any ATM
or POS terminal, debit card transactions, audio response transactions,
preauthorized EFTs or online/PC transactions will be recorded on your periodic
statement. You will receive a statement monthly unless there is no transaction
in a particular month. In any case, you will receive a statement at least quarterly.
b. Terminal Receipt. You will get a receipt at the time you make any
transaction (except inquiries) involving your account using an ATM, point-ofsale
(POS) terminal, or debit card transaction with a participating merchant.
c. Direct Deposit. If you have arranged to have a direct deposit made to
your account at least once every sixty (60) days from the same source and
you do not receive a receipt (such as a pay stub), you can find out whether or
not the deposit has been made by calling (585) 544-9518 or (877) 968-7828.
This does not apply to transactions occurring outside the United States.
7. ACCOUNT INFORMATION DISCLOSURE — We will disclose information
to third parties about your account or the transfers you make:
• As necessary to complete transfers;
• To verify the existence of sufficient funds to cover specific transactions
upon the request of a third party, such as a credit bureau or merchant;
• If your account is eligible for emergency cash and/or emergency card
replacement services, and you request such services, you agree that
we may provide personal information about you and your account that
is necessary to provide you with the requested service(s);
• To comply with government agency or court orders; or
• If you give us your written permission.
8. BUSINESS DAYS — Our business days are Monday through Friday,
excluding holidays.
9. CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS — If we do not complete a transfer to or from your account on time or in the
correct amount according to our agreement with you, we may be liable for
your losses or damages. However, we will not be liable for direct or
consequential damages in the following events:
• If, through no fault of ours, there is not enough money in your accounts
to complete the transaction, if any funds in your accounts necessary to
complete the transaction are held as uncollected funds pursuant to our
Funds Availability Policy, or if the transaction involves a loan request
exceeding your credit limit.
• If you used your card or access code in an incorrect manner.
• If the ATM where you are making the transfer does not have enough cash.
• If the ATM was not working properly and you knew about the problem
when you started the transaction.
• If circumstances beyond our control (such as fire, flood, or power failure)
prevent the transaction.
• If the money in your account is subject to legal process or other claim.
• If funds in your account are pledged as collateral or frozen because of a
delinquent loan.
• If the error was caused by a system of any participating ATM network.
• If the electronic transfer is not completed as a result of your willful or
negligent use of your card, access code, or any EFT facility for making
such transfers.
• If the telephone or computer equipment you use to conduct audio response
or online/PC transactions is not working properly and you know or should
have known about the breakdown when you started the transaction.
• Any other exceptions as established by the credit union.
10. NOTICES — All notices from us will be effective when we have mailed
them or delivered them to your last known address in the credit union’s
records. Notices from you will be effective when received by the credit union
at the address specified in this agreement. We reserve the right to change
the terms and conditions upon which this service is offered. We will mail
notice to you at least twenty-one (21) days before the effective date of any
change. Use of this service is subject to existing regulations governing the
credit union account and any future changes to those regulations.
The following information is a list of safety precautions regarding the use of
ATMs and night deposit facilities:
• Be aware of your surroundings, particularly at night.
• Consider having someone accompany you when the ATM or night
deposit facility is used after dark.
• Close the entry door of any ATM facility equipped with a door. Note that
activity within an ATM is recorded by a surveillance camera.
• If another person is uncomfortably close to you at the time of your transaction,
ask the person to step back before you complete your transaction. If it is
after the regular hours of the financial institution and you are using an ATM,
do not permit entrance to any person you do not know.
• Refrain from displaying your cash at the ATM or night deposit facility.
As soon as your transaction is completed, place your money in your
purse or wallet. Count the cash later in the safety of your car or home.
• If you notice anything suspicious at the ATM or night deposit facility,
consider using another ATM or night deposit facility or coming back
later. If you are in the middle of a transaction and you notice something
suspicious, cancel the transaction, take your card or deposit envelope,
and leave.
• If you are followed after making a transaction, go to the nearest public
area where people are located.
• Do not write your personal identification number (PIN) or access code
on your debit card.
• Report all crimes to law enforcement officials immediately. If emergency
assistance is needed, call the police from the nearest available public
telephone.
• Please direct any comments or complaints regarding ATM security to the
credit union or the New York State Banking Department at 212-618-6642.
11. BILLING ERRORS — In case of errors or questions about electronic
funds transfers from your share (savings) and share draft (checking)
accounts or if you need more information about a transfer on the statement
or receipt, telephone us at the following number or send us a written notice
to the following address as soon as you can. We must hear from you no
later than sixty (60) days after we sent the first statement on which the
problem appears. Call us at:
(585) 544-9518
(877) 968-7828
or write to:
Ukrainian Federal Credit Union
824 Ridge Road East
Rochester, NY 14621-1720
Fax: (585) 338-2980
• Tell us your name and account number.
• Describe the electronic transfer you are unsure about and explain, as
clearly as you can, why you believe the credit union has made an error
or why you need more information.
• Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or
question in writing within ten (10) business days.
We will tell you the results of our investigation within ten (10)* business
days after we hear from you and will correct any error promptly. If we need
more time, however, we may take up to forty-five (45)** days to investigate
your complaint or question. If we decide to do this, we will credit your
account within ten (10)* business days for the amount you think is in error
so that you will have the use of the money during the time it takes us to
complete our investigation. If we ask you to put your complaint or question
in writing and we do not receive it within ten (10) business days, we may
not credit your account.
We will tell you the results within three (3) business days of completing our
investigation. If we decide that there was no error, we will send you a written
explanation. You may ask for copies of the documents that we used in our
investigation.
* If you give notice of an error within thirty (30) days after you make the
first deposit to your account, we will have twenty (20) business days instead
of ten (10) business days to investigate the error.
** If you give notice of an error within thirty (30) days after you make the
first deposit to your account, notice of an error involving a POS transaction,
or notice of an error involving a transaction initiated outside the U.S., its
possessions and territories, we will have ninety (90) days instead of fortyfive
(45) days to investigate the error.
NOTE: If the error you assert is an unauthorized Visa transaction, other
than a cash disbursement at an ATM, we will credit your account within five
(5) business days unless we determine that the circumstances or your
account history warrant a delay, in which case you will receive credit within
ten (10) business days.
12. TERMINATION OF EFT SERVICES — You may terminate this agreement
or any EFT service under this agreement at any time by notifying us in
writing and stopping your use of your card and any access code. You must
return all cards to the credit union. You also agree to notify any participating
merchants that authority to make bill payment transfers has been revoked.
We may also terminate this agreement at any time by notifying you orally or
in writing. If we terminate this agreement, we may notify any participating
merchants making preauthorized debits or credits to any of your accounts
that this agreement has been terminated, and that we will not accept any
further preauthorized transaction instructions. We may also program our
computer not to accept your card or access code for any EFT service.
Whether you or the credit union terminates this agreement, the termination
shall not affect your obligations under this agreement for any electronic
transactions made prior to termination.
13. GOVERNING LAW — This agreement is governed by the bylaws of the
credit union, federal laws and regulations, the laws and regulations of the
state of New York, and local clearinghouse rules, as amended from time to
time. Any disputes regarding this agreement shall be subject to the
jurisdiction of the court of the county in which the credit union is located.
14. ENFORCEMENT — You are liable to us for any losses, costs or expenses
we incur resulting from your failure to follow this agreement. You authorize
us to deduct any such losses, costs or expenses from your account without
prior notice to you. If we bring a legal action to collect any amount due under
or to enforce this agreement, we shall be entitled, subject to applicable law, to
payment of reasonable attorney’s fees and costs, including fees on any appeal.







