WACOPSE FEDERAL CREDIT UNION
ELECTRONIC FUND TRANSFERS AGREEMENT
AND DISCLOSURES
This Electronic Fund
Transfers Agreement and Disclosure is the contract which covers your and our
rights and responsibilities concerning the electronic fund transfer (EFT) services
offered to you by WACOPSE Federal Credit Union (“Credit Union”). In this Agreement, the words “you”, “your”,
and “yours” mean those who sign the application or account card as applicants,
joint owners, or any authorized users.
The words “we”, “us”, and” “our” mean the Credit Union. The word “account” means any one (1) or more
share and share draft accounts you have with the Credit Union. Electronic fund transfers are electronically
initiated transfers of money from your account through the EFT services
described below. By signing an
application or account card for EFT services, signing your card, or using any
service, each of you, jointly and severally, agree to the terms and conditions
in this Agreement and any amendments for the EFT services offered.
1.
EFT SERVICES – If approved, you may conduct any
one (1) 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 electronic gambling transactions through the
Internet. If you wish to pay for goods
or services over the Internet, you may be required to provide card number
security information before you will be permitted to complete the
transaction. You agree that you will not
use your card for any transaction that is illegal under applicable federal,
state, or local law. Funds to cover your
card purchases will be deducted from your share draft account. 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, Allpoint,
Honor, PLUS, STAR, and VISA networks, and such other machines or facilities as
the Credit Union may designate. In
addition, you may use your card without a PIN for certain transactions on the
VISA and STAR networks. However,
provisions of this Agreement relating to VISA transactions do not apply to
transactions processed through non-VISA networks. To initiate a VISA Debit transaction, you may
sign a receipt, provide a card number or swipe our card though a point-of-sale
(POS) terminal and choose to route the transaction over a VISA network. Please refer to the Member Liability section
of this Agreement for terms and conditions.
At the present time, you many also use your card to:
·
Make
deposits to your share draft accounts.
·
Withdraw
funds from your share draft accounts.
·
Obtain
balance information for your share draft accounts.
·
Make
point-of-sale (POS) transactions with your card and personal identification
number (PIN) to purchase goods or services at merchants that accept 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:
·
You
may make nine (9) VISA Check Card purchases per day.
·
You
may purchase up to a maximum of $1005.00 per day.
·
You
may make five (5) cash withdrawals in any one (1) day from an ATM machine.
·
You
may withdraw up to a maximum of $999.00 in any one (1) day from an ATM machine,
if there are sufficient funds in your account.
·
You
may make nine (9) POS transactions in any one (1) day.
·
You
may purchase up to a maximum of $1005.00 from POS terminals per day, if there
are sufficient funds in your account.
·
For
security purposes, there are other limits on the frequency and amount of
transfers available at ATM’s.
·
See
section 2 for transfer limitations that may apply to these transactions.
b) VRU (Voice Response Unit). If we approve VRU
(Voice Response Unit) 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 VRU (Voice Response Unit) to:
·
Withdraw
funds from your share, shared draft and Club type 9 accounts.
·
Transfer
funds from your share, share draft, and Club type 9 accounts.
·
Obtain
balance information for your share, share draft, loan, Club, and certificate
accounts.
·
Make
loan payments from your share, share draft, and Club type 9 accounts.
·
Determine
if a particular item has cleared.
·
Obtain
tax information on amounts earned on share and share draft accounts or interest
paid on loan accounts.
·
Verify
the last date and amount of your payroll deposit.
Your
accounts can be accessed under VRU (Voice Response Unit) via a touchtone
telephone only. VRU (Voice Response
Unit) service will be available for your convenience 24 hours per day. This service may be interrupted for a short
time each day for data processing.
·
There
is no limit to the number of inquiries, transfers, or withdrawal requests you
may make in any one (1) 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, (ii) the Treasury
Department of (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 and/or share draft account.
·
Preauthorized Debits. Upon instruction, we will pay certain recurring transactions
from your share and share draft accounts.
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
fund transfers out of your account(s) for money you owe others, you may stop
payment on preauthorized transactions from your account. You must notify us orally or in writing at any
time up to three (3) business days before the scheduled date of the
transfer. We may require written
confirmation of the stop payment order to be made within 14 days of any oral
notification. If we do not receive the
written confirmation, the oral stop payment order shall cease to be binding 14
days after it has been made.
·
Notice of Varying Amounts.
If these regular payments may vary in amount, the person you are going
to pay is required to tell you, ten (10) days before each payment, when it will
be made and how much it will be. You may
choose instead to get this notice only when the payment would differ by more
than a certain amount from the previous payment or when the amount would fall
outside certain limits that you set.
·
Liability for Failure to Stop Payment
of Preauthorized Transfers. If you order us to stop payment of a
preauthorized transfer three (3) business days or more before the transfer is
scheduled and we do not do so, we will be liable for your losses or damages.
d) Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or draft, you
may authorize your check or draft to be converted to an electronic fund
transfer. You may also authorize
merchants or other payees to electronically debit your account for returned
check fees. You are considered to have
authorized these electronic fund transfers if you complete the transaction
after being told (orally or by a notice posted or sent to you) that the transfer
may be processed electronically or if you sign a written authorization.
e) CUOL (Credit Union On-Line). If we approve CUOL (Credit Union
On-Line) 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 CUOL (Credit Union On-Line) to:
·
Withdraw
funds from your share, share draft, and Club type 9 accounts.
·
Transfer
funds from your share, share draft, and Club type 9 accounts.
·
Obtain
balance information for your share, share draft, loan, Club, and certificate
accounts.
·
Make
loan payments from your share, share draft, and Club type 9 accounts.
Your
accounts can be accessed under CUOL (Credit Union On-Line) via personal
computer. CUOL (Credit Union On-Line)
will be available for your convenience 24 hours per day. This service may be interrupted for a short
time each day for data processing. We
reserve the right to refuse any transaction which would draw upon insufficient
funds, exceed a credit limit, lower an account below a required balance, or
otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member
and will be mailed to your address of record.
We may set other limits on the amount of any transaction, and you will
be notified of those limits. We may
refuse to honor any transaction for which you do not have sufficient available
verified funds. The 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 (1) day.
·
See
section 2 for transfer limitations that may apply to these transactions.
f)
Bill Payer. We will process bill payment transfer requests only to those
creditors the Credit Union has designated in the User Instructions and such
creditors as you authorize and for whom the Credit Union has the proper vendor
code number. We will not process any
bill payment transfer if the required transaction information is incomplete.
We
will withdraw the designated funds from your share draft account for bill
payment transfer by the designated cutoff time on the date you schedule for
payment. We will process your bill
payment transfer within a designated number of days before the date you are
scheduled for payment. You must allow
sufficient time for vendors to process your payment after they receive a
transfer from us. Please leave as much
time as though you were sending your payment by mail. We cannot guarantee the time that any payment
will be credited to your account by the vendor.
·
There
is no limit on the number of bill payments per day.
g) Overdraft
Protection. Overdraft protection is available
through automatic transfers from your share account in multiples of $25.00.
h)
Courtesy Pay Overdraft Protection.
Courtesy Pay
is an optional overdraft protection program in which the Credit Union will
honor a member transaction that results in an overdrawn account. The Credit Union charges a fee of $25.00 to
provide for the payment of a transaction that would otherwise be returned due
to non-sufficient funds (NSF). The total
dollar amount the Credit Union will honor is not to exceed $100.00, including
fees.
2.
TRANSFER LIMITATIONS – For all regular share and
special/club share accounts, you may make no more than six (6) transfers and
withdrawals from your account to another account of yours or to a third party
in any month by means of a preauthorized, automatic, or Internet transfer, by
telephone order or instruction, or by check, draft, debit card or similar
order. If you exceed these limitations,
your account may be subject to a fee or be closed.
3.
CONDITIONS OF EFT SERVICES –
a) Ownership of Cards. Any card or other device which we
supply to you is our property and must be returned to us, or to any person whom
we authorize to act as our agent, or to any person who is authorized to honor
the card, immediately according to instructions. The card may be repossessed at any time at
our sole discretion without demand or notice.
You cannot transfer your card or account to another person.
b) Honoring the Card. Neither we nor merchants authorized
to honor the card will be responsible for the failure or refusal to honor the
card or any other device we supply to you.
If a merchant agrees to give you a refund or adjustment, you agree to
accept a credit to your account in lieu of a cash refund.
c)
Foreign Transactions. VISA purchases
and cash withdrawals 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.
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.
A
fee of 1.00% of the amount of the transaction, calculated in U.S. dollars, will
be imposed on all multiple currency foreign transactions, including purchases,
cash withdrawals and credit to your account.
A fee of 0.80% of the amount of the transaction, calculated in U.S.
dollars will be imposed on all single currency foreign transactions, including
purchases, cash withdrawals and credits to your account. A foreign transaction is any transaction that
you complete of a merchant completes on your card outside of the United States,
with the exception of U.S. military bases, U.S. territories, U.S. embassies or
U.S. consulates.
d) Security of Access Code. You may use one (1) or more access
codes with your electronic fund transfers.
The access codes issued to you are for your security purposes. Any 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 our
access codes. You agree not to disclose
otherwise make your access codes available to anyone not authorized to sign on
your accounts. If you authorize anyone
to use your access codes, that authority shall continue until you specifically
revoke such authority by notifying the Credit Union. You understand that any joint owner you
authorize to use an access code may withdraw or transfer funds from any of your
accounts. If you fail to maintain the
security of these access codes and the Credit Union suffers a loss, we may
terminate your EFT services immediately.
e) Joint Accounts. If any of your accounts accessed
under this Agreement are joint accounts, all joint owners, including any
authorized users, shall be bound by this Agreement and, alone and together,
shall be responsible for all EFT transactions to or from any share and share
draft or loan accounts as provided in this Agreement. Each joint account owner, without the consent
of any other account owner, may, and is hereby authorized by every other joint
account owner, make any transaction permitted under this Agreement. Each joint account owner is authorized to act
for the other account owners, and the Credit Union may accept orders and
instructions regarding and EFT transaction on any account from any joint
account owner.
4.
FEES AND CHARGES – There are certain fees and charges
for EFT services. From time to time, the
charges may be changed. We will notify
you as required by applicable law.
If
you use an ATM not operated by us, you may be charged a fee by the ATM operator
and by any national, regional, or local network used in processing the
transaction (and you may be charge 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.
a) VISA Check Card Fees.
·
$1.25
charge for debit card withdrawals after four (4) per month.
·
$1.25
charge for POS transactions after four (4) per month unsigned (PIN).
·
Replacement
card fee of $5.00 per card.
·
Nonsufficient
funds fee of $25.00.
·
No
charge POS when signed.
b) VRU (Voice Response Unit) Fees.
·
Nonsufficient
funds fee of $25.00.
c) Preauthorized EFT Fees.
·
Nonsufficient
funds fee of $25.00.
d) CUOL (Credit Union On-Line) Fees.
·
Nonsufficient
funds fee of $25.00.
e) Bill Payer Fees.
·
$5.00
service fee per month.
·
Nonsufficient
funds fee of $25.00.
f)
Overdraft Protection Fees.
·
Overdraft
transfer fee of $2.00.
g) Courtesy Pay Overdraft Protection Fees.
·
$25.00
fee each time we pay an overdraft.
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
$50.00 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 $500.00.
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 60 days after
the statement was mailed to you, you may not get back any money lost after the
60 days if we can prove that we could have stopped someone from making the transfers
if you had told us in time. If a good
reason (such as a hospital stay) kept you from telling us, we will extend the
time periods.
If you believe your card has been lost or stolen or that someone has
transferred or may transfer money from your account without your permission,
call:
(814) 723-8730
(800) 322-7206
Or write to:
WACOPSE Federal Credit Union
117 Pennsylvania Avenue West
Warren, PA 16365
Fax: (814) 723-8738
You should also call the number or write to the address listed above if
you believe a transfer has been made using the information from your check
without your permission.
6.
RIGHT TO RECEIVE DOCUMENTATION –
a) Periodic Statements. Transfers and withdrawals made
through any debit card transactions, audio response transactions, preauthorized
EFTs, online/PC transactions or bill payments you make will be recorded on your
periodic statement. You will receive a
statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at
least quarterly.
b) Terminal Receipt. You can get a receipt at the time you
make any transaction (except inquiries) involving your account using an ATM
and/or point-of-sale (POS) terminal.
c) Direct Deposit. If you have arranged to have a direct
deposit made to your account at least once every 60 days from the same source
and you do not receive a receipt (such as a pay stub), you can find out whether
or not the deposit has been made by calling (814) 723-8730 or (800)
322-7206. 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 that you make:
·
As
necessary to complete transfers:
·
To
verify the existence of sufficient funds to cover specific transactions upon
the request of a third party, such as a credit bureau or merchant:
·
If your account is eligible for emergency cash
and/or emergency card replacement services and you request such services, you agree that we may provide
personal information about you and your account that is necessary to provide
you with the requested service(s):
·
To
comply with government agency or court orders: or
·
If
you give us your written permission.
8.
BUSINESS DAYS – Our business days are Monday through
Friday, excluding holidays.
9.
CREDIT UNION LIABILITY FOR FAILURE TO
MAKE TRANSFERS – If
we do not complete a transfer to or from your account on time or in the correct
amount according to our agreement with you, we may be liable for your losses or
damages. However, we will not be liable
for direct or consequential damages in the following events:
·
If,
through no fault of ours, there is not enough money in your accounts to
complete the transaction, if any funds in your accounts necessary to complete
the transaction are held as uncollected funds pursuant to our Funds
Availability Policy Disclosure, or if the transaction involves a loan request
exceeding your credit limit.
·
If
you used your card or access code in an incorrect manner.
·
If
the ATM where you are making the transfer does not have enough cash.
·
If
the ATM was not working properly and you knew about the problem when you
started the transaction.
·
If
circumstances beyond our control (such as fire, flood, or power failure)
prevent the transaction.
·
If
the money in your account is subject to legal process or other claim.
·
If
funds in your account are pledged as collateral or frozen because of a
delinquent loan.
·
If
the error was caused by a system of any participating ATM network.
·
If
the electronic transfer is not completed as a result of your willful or
negligent use of your card, access code, or any EFT facility for making such
transfers.
·
If
the telephone or computer equipment you use to conduct audio response or
online/PC transactions is not working properly and you know or should have known
about the breakdown when you started the transaction.
·
If
you have bill payment services, we can only confirm the amount, the
participating merchant, and the date of the bill payment transfer made by the
Credit Union. For any other error or
question you have involving the billing statement of the participating
merchant, you must contact the merchant directly. We are not responsible for investigating such
errors.
·
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 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.
·
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 person identification number (PIN) or access code on your ATM
card.Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the
police from the nearest available public telephone.
11. BILLING ERRORS – In case of errors or questions about electronic fund transfers from your
share and share draft accounts or if you need more information about a transfer
on the statement or receipt, telephone us a the following number or send us a
written notice to the following address as soon as you can. We must hear from you no later than 60 days
after we sent the first statement on which the problem appears. Call us at:
(814)
723-8730
(800)
322-7206
Or
write to:
WACOPSE
Federal Credit Union
117
Pennsylvania Avenue West
Warren,
PA 16365
Fax:
(814) 723-8738
·
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 your need more
information.
·
Tell
us the dollar amount of the suspected error.
If
you tell us orally, we may require that you send us your complaint or question
in writing within ten (10) business days.
We
will determine whether an error has occurred within ten (10)* business days after
we hear from you and will correct any error promptly. If we need more time, however, we may take up
to 45** days to investigate your complaint or question. If we decide to do this, we will credit your
account within ten (10)* business days for the amount you think is in error so
that you will have the use of the money during the time it takes us to complete
our investigation. If we ask you to put
your complaint or question in writing and we do not receive it within ten (10)
business days, we may not credit your account.
We
will tell you the results within three (3) business days 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 30 days after you make the first deposit
to your account, we will have 20 business days instead of ten (10) business
days to investigate the error.
**
If you give notice of an error within 30 days after you make the3 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 90 days instead of 45 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 ad 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 Pennsylvania,
and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall
be subject to the jurisdiction of the court of the county in which the Credit
Union is located.
14. ENFORCEMENT – You
are liable to us for any losses, costs or expenses we incur resulting from your
failure to follow this Agreement. You
authorize us to deduct any such losses, costs or expenses from your account
without prior notice to you. If we bring
a legal action to collect any amount due under or to enforce this Agreement, we
shall be entitled, subject to applicable law, to payment of reasonable
attorney’s fees and costs, including fees on any appeal, bankruptcy
proceedings, and any post judgment collection actions.