 |
|
YOUR SAN FRANCISCO FEDERAL CREDIT UNION ACCOUNT HANDBOOK TRUTH-IN-SAVINGS
DISCLOSURE AND ACCOUNT AGREEMENT
Please note: if information in this
disclosure of terms and conditions conflicts with information in
the San Francisco Federal Credit Union Member Account Handbook,
this disclosure will control. |
|
|
|
INTRODUCTION |
Thank you for joining San Francisco Federal Credit Union ("Credit Union"). By signing a Member Account Agreement, you agree to the terms in this Handbook that apply to the Credit Union services you select.
Our goal is to provide you the highest yields on your funds and the lowest interest rates on your loans that are consistent with safe and sound management, outstanding membership service and financial stability
This Handbook is a master agreement and disclosure of all San Francisco Federal Credit Union accounts. It supplements the terms of the Truth-in-Savings Account Disclosure (including a schedule of Fees and Charges), Member Account Agreement, and the Credit Union Membership Kit. When you open your regular Share Savings Account and any sub-account, you will also receive a receipt showing specific account terms. We may disclose additional terms of accounts to you whenever you open a new account, in periodic statements we will send you, and in our Credit Union newsletter. Not all of the terms spelled out in this disclosure apply to every account and not all account receipts will show all account terms. Please refer to the sections of this Handbook that apply to the specific account types you have.
This Handbook also outlines your rights and obligations as a member-owner of the Credit Union.
Your Credit Union also offers home mortgage loans, home equity loans, home equity lines of credit, credit cards, vehicle loans and other consumer loans. These loans will be subject to separate written agreements. Your general obligations as a Credit Union Member as explained in this Handbook apply to all agreements you make with the Credit Union.
Keep this Handbook with your permanent records. The Credit Union may change the terms of your contracts with us by sending you written notice required by law. You should also keep any such notices with your permanent records.
|
GENERAL AGREEMENTS OF MEMBERS
|
Joining the Credit Union
We require that you complete an original Member Account Agreement to join the Credit Union. Blank Member Account Agreements are available at Credit Union offices, by mail, by fax-on-demand, or on our web site (see HOW TO CONTACT US at the end of this Handbook). If you are eligible for membership through employment in a department of the City and County of San Francisco, you may be able to obtain a membership application from your employer. You can bring your completed Member Account Agreement to any Credit Union office. Your Member Account Agreement may also be submitted by mail, fax or by electronic submission and we will open your requested Accounts and begin accepting deposits immediately. However, to protect both you and the Credit Union, unless your Membership is established in person at a Credit Union office, we will not allow withdrawals from your Accounts or make credit available to you until we receive the following items:
(1) the original Member Account Agreement with your original signature, (2) a photocopy of a valid photo ID showing your signature and your current residence address (P.O. boxes and private mailbox service addresses are not acceptable); and, (3) copy of your most recent pay stub. Although we will send mail to P.O. boxes or private mailbox addresses at your request, we must have the street address of your residence to open your membership.
|
Terminology
In this Handbook, "you" and "your" refer to the Credit Union member and any joint owner of a share account. "Member" refers to the person who signs a Member Account Agreement in that capacity and makes the required deposit to join the Credit Union. "Joint owner" refers to a person designated by a Member as a co-owner of the Member's Credit Union accounts. "We," "us," and "our" refer to the Credit Union. We call our accounts by the following names: "Share Draft Accounts" are "Checking Accounts," "Money Market Share Accounts" are "Money Market Savings Accounts," "Regular Share" and "Share Accounts" are "Savings Accounts," and "Term Share Accounts" are "Term Accounts." "Board" refers to the Credit Union's Board of Directors. "New account" means an account open less than 30 days. The singular implies the plural when an account has more than one owner.
|
MEMBERSHIP REQUIREMENTS AND ELIGIBILITY FOR SERVICES
Membership is open to anyone who lives, works, worships or attends school in the City and County of San Francisco. Businesses and other legal entities located in the City and County of San Francisco are also eligible. Family members of current members, including spouses, partners, parents, children, grandparents, grandchildren, siblings, and persons residing in the same household maintained as a single economic unit, can join, regardless of where they live or work. Immediate family members include those related by marriage, such as step-siblings, step-parents and step-children, and by adoptive relationships.
The payment of a one-time non-refundable membership fee and the maintenance of a minimum balance in a Regular Share Savings Account establishes you as a member/owner of the Credit Union. We use the daily balance method to calculate dividends on the Account. No dividends will be earned on days that the balance falls below the required minimum to earn dividends. A Low Balance Fee will be assessed in any month in which you fail to maintain either our required combined share balance or our required outstanding loan balance. Please see the Truth in Savings Disclosure for current amounts for the membership fee, the minimum balances in a Regular Share Savings Account to maintain membership and earn dividends, and the combined share or loan balances required to avoid the Low Balance Fee.
Minors must have an adult joint owner/signer to be eligible for checking, EFTs, or loans
Once you become a Member, you are always a Member, even if you move, change jobs, or retire.
As a Member-owned cooperative, San Francisco Federal Credit Union is your Credit Union. Members are expected to uphold high standards of honesty, personal responsibility and courtesy in dealing with the Credit Union and other Members. We reserve the right to deny all services except the right to maintain a share account and to vote, and if appropriate restrict your access to Credit Union premises, if any of the following occur: (1) You fail to meet your obligations to the Credit Union; (2) You fail to comply with applicable law and the Credit Union's bylaws and rules as amended from time to time; (3) You are convicted of a crime in connection with business you conduct with the Credit Union; (4) You cause the Credit Union a loss in any way (including but not limited to loan charge-off, account overdrafts, or bankruptcy, or (5) You fail to conduct your business with the Credit Union in a civil and business-like way. Violence or
threats of violence against Credit Union staff, volunteers or other Members will not be tolerated. If you fail to meet your obligations to us because of a bona fide emergency such as a catastrophic illness, we may, at our sole option, allow you to maintain your membership privileges.
|
MEETING YOUR OBLIGATIONS
To make it possible for us to achieve our goals of offering high returns on your savings and affordable credit, all Members must meet their obligations to the Credit Union in a timely manner.
You agree to comply with the terms and conditions governing the Credit Union services you request.
You agree to be honest with the Credit Union about your financial circumstances. You agree not to omit any material information from loan applications. You agree not to request credit or use credit cards or lines of credit if you have reason to believe you will be unable to make the required payments.
You will not allow Credit Union Savings or Checking Accounts you open to fall below a zero balance. If you do inadvertently overdraw any Savings or Checking account, and you do not have a prearranged and available source of overdraft protection available, you agree to immediately restore any overdraft upon our written demand. If you do not promptly restore the overdraft, you agree that our Right of Offset (see below) applies. If we cannot recover the amount under our Right of Offset, you agree that our right to recover Collection Costs (see below) applies. Please note, overdraft protection, loan advances or transfers, if you have them available, will be made only to checking accounts.
You will take responsibility for items deposited to your accounts that are returned unpaid. If we have made funds available to you for an item that is returned unpaid, you agree that upon our demand, you will immediately restore the amount of the returned item to your account. If you do not do so, you agree that our Right of Offset applies. If we cannot recover the amount under our Right of Offset, you agree that our right to recover Collection Costs applies.
You agree to repay money you borrow from the Credit Union according to the terms of the applicable loan agreement.
If you do not meet your obligations to us, we may submit negative reports to consumer reporting agencies that report loan payment problems or checking account abuses.
|
YOUR CONSENT TO OUR RIGHT OF OFFSET
If you become indebted to us for any reason, and you fail to pay what you owe us according to the terms of your agreements with us or upon our written demand, you agree that we can take funds from any Credit Union account in which you have an ownership interest, without notice to you, to collect all or part of what you owe us. This consent by you is in addition to our right of offset under applicable state and/or federal law. Our exercising this right will not be an election of remedies and will not impair our rights to pursue any other remedies we may have against you. Your consent to our right of offset is not a pledge by you of any account and does not affect your right to withdraw funds as long as you meet your obligations to us. However, you agree that this right extends to any account you have with us to the extent not otherwise prohibited by law. Our right will take priority over any third party claim to your account and over the rights of others claiming an interest in your account, such as pay-on-death beneficiaries to whom your account transfers in the event of your death.
|
COLLECTION COSTS
If you are in default in any obligation, you agree to pay reasonable costs we incur to collect what you owe us before we take legal action. If we take legal action of any kind (including but not limited to collection lawsuits, proceedings to protect our interests if you become a debtor in bankruptcy, appeals, foreclosures, or actions to enforce judgments), you agree to pay our reasonable attorney's fees and costs of the action.
|
FEES AND DAMAGES
All Credit Union Accounts and Loans may be subject to fees. Our fee structure is designed to encourage use of Credit Union services and to create incentives for Members to meet their obligations and handle their accounts in a responsible way. All fees are disclosed on our separate Schedule of Fees and Charges. The Schedule of Fees and Charges, as amended from time to time, is incorporated by reference into this Handbook and made part of it.
Fees for special handling of Accounts and Loans result in some instances from your failure to carry out your agreements with us. To the extent that our charges for handling such matters may exceed our costs, they are to be considered damages. You agree that our collection of a fee does not waive any right we may have under the law to recover any loss we sustain due to your failure to meet the terms of this Handbook or other agreements you have with us. We also have the right to extra damages whenever the law provides for them, such as the exemplary damages provided as a penalty for writing bad checks.
|
Governing Agreements and Laws
This Handbook, Credit Union Bylaws and policies, applicable California and federal laws as amended from time to time, and any separate agreements and disclosures provided to you will govern your transactions with San Francisco Federal Credit Union. The Credit Union may amend agreement terms from time to time consistent with applicable law and regulation by notifying you. The term "amend" may include changing existing terms, adding new terms, or deleting old terms. If an amended term is not acceptable to you, you are free to discontinue the related service. Your discontinuing a service will not relieve you of any obligations you have to pay amounts you owe us according to the terms of your agreement with us. If any provision of this Handbook in its present form or as amended from time to time is found to be void or unenforceable, the rest of the Handbook and amendments to it will remain in effect.
The Credit Union will comply with lawfully issued subpoenas, levies, writs of attachment, and similar orders pertaining to your account. We will not incur liability to you for implementing any garnishment, attachment or levy of your account or for complying with lawful information requests. You must take up any objections you have on matters of this type directly with the individual or entity that has requested information about or asserted a claim to funds in your accounts. You agree to indemnify and hold us harmless from any third party claims that arise because of our handling of your accounts while a third party claim is pending, such as if we honor drafts while a levy is in process.
You are responsible for providing the Credit Union with the correct taxpayer identification number on all accounts you open with us. We have no duty of further inquiry as to the correctness of the number you provide, but we will not open or maintain accounts without taxpayer ID numbers.
|
Backup Withholding
The Credit Union has the right to withhold amounts required by federal tax laws from withdrawals if you or the Internal Revenue Service advises us that you are subject to backup withholding or if you fail to give us your correct Taxpayer's ID/Social Security Number.
|
WAIVER; MODIFICATION
The Credit Union can fail to exercise one or more rights we may have under this or any other agreement we have with you on one or more occasions without such failure being deemed a waiver of any right and without altering the terms of any agreement with you. Consistent with any limits imposed by law, the Credit Union can modify any of its agreements with you by giving notice required by law and allowing you an opportunity to avoid the changes by satisfying any outstanding obligation you have to the Credit Union and discontinuing the related service. "Modify" may include changing existing terms, adding new terms or deleting terms. Any modification of the terms of an obligation you have to the Credit Union (such as the extension of a loan term) will be valid only if in writing and signed by an authorized agent of the Credit Union.
|
REVOCABLE AUTHORIZATION TO CHECK CREDIT
Your Member Account Agreement allows us to check your credit from time to time to determine your eligibility for Credit Union products and services. You can revoke this authorization at any time by notifying the Credit Union in writing. In any case, if you apply for a loan, or maintain any open-end credit (such as a Line of Credit or Credit Card) or checking account, we can check your credit or checking account history with third parties as part of our normal account review process.
|
YOUR CONSENT TO THE TERMS OF THIS HANDBOOK
Your payment of a one-time membership fee (if required when you join) and deposit of the required minimum balance stated in the Truth in Savings Disclosure constitute your agreement to the terms of this Handbook.
|
YOUR CREDIT UNION SHARE ACCOUNTS
|
GENERAL INFORMATION
Par Value of a Credit Union share is $5.00.
|
Earnings and Payment of Dividends
Most Credit Union Accounts earns dividends. If an account earns dividends, they accrue from the day after the business day we receive your deposit or as stated in the FUNDS AVAILABILITY section. The Board sets our competitive dividend rates, taking into consideration the cost of funds and market conditions. Dividends are only paid out of current income and available earnings after required transfers to reserves at the end of the dividend period. Dividends cannot be guaranteed. Except for Term Accounts, dividend rates and corresponding annual percentage yields are not set in advance. Unless otherwise indicated, dividend rates and yields are variable and can change at any time. The Board may change dividend cycles. See our separate Truth-In-Savings Disclosure for the current dividend rate and Annual Percentage Yield (APY) of all accounts. The Truth-In-Savings Disclosure, as amended from time to time, is incorporated by reference into this Handbook and made part of it.
|
Account Ownership and Transfer of Proceeds at Death
You own and are considered the primary member on all accounts established under your Member number. When permissible, you may designate one or more joint owners of your accounts on your Member Account Agreement. (Joint owners on IRA, IRA Term, Minor and Trust Accounts are prohibited.) Joint owners must sign the Member Account Agreement along with the Member.
Joint owners own all proceeds of each account on which you have designated them, including dividends, with right of survivorship. Joint owners may deposit or withdraw any amount in any account on which you have designated them. Withdrawal by any one owner of funds from a joint account terminates the rights of all other account owners to the withdrawn funds.
Joint owners acting individually may pledge accounts as security for loans. In addition, if a joint owner becomes indebted to the Credit Union in any manner, any account in which the joint owner has an interest becomes subject to the Credit Union's right of offset, even if the primary member on the account is not a party to the transaction that resulted in the joint owner's debt. Joint owners must belong to the Credit Union in their own right to borrow money from the Credit Union, to vote in Credit Union elections, and to hold Credit Union office.
Should any owner of a joint account die, any surviving owner(s) will automatically own any money in the account. When the last owner dies, the account proceeds will automatically pass to any named Pay-on-Death (POD) beneficiary(ies), or, if no beneficiaries are named, to the estate of the last owner to die.
Members may also own accounts individually rather than jointly. On individual accounts, the account proceeds will transfer at the Member's death to any named POD beneficiary(ies) or, if no beneficiaries are named, to the Member's estate.
On accounts with designated POD beneficiaries, funds pass automatically to the named beneficiaries and are not subject to any probate proceeding. If you name more than one POD beneficiary, your beneficiaries will receive account proceeds in equal shares unless you indicate otherwise on your Member Account Agreement.
If a Member wishes to designate different joint owners for different accounts, or to have both joint and individual accounts, or to have different POD beneficiaries for different accounts, you must complete a separate Member Account Agreement for each joint ownership or POD beneficiary combination. Only the accounts you designate on the Agreement will have that combination of joint owners and/or POD beneficiary(ies).
Under community property law, either spouse has a right to set up an account in his or her own name without the consent of the other spouse, whether or not the account owner has designated a POD beneficiary. However, the surviving spouse of the account owner may have a right to his or her community property interest in the account on the death of the joint owner. This interest, if asserted, would reduce the amount that transfers to the POD beneficiary.
POD beneficiaries are not allowed on Minor or Fiduciary Accounts.
You may wish to consult with your tax advisor or legal advisor before you designate POD beneficiaries on IRA accounts because your decision may have significant tax consequences.
We will give information about accounts to each joint owner, provided that any applicable research and copying fees are paid. We will also provide information about your accounts if we receive an information request such as a subpoena that meets legal requirements. However, any disputes about the ownership of funds in joint accounts or obligations for loan payment must be resolved by the account owners without involvement from the Credit Union. We will not give out account information to POD beneficiaries until all account owners are deceased.
We acknowledge the obligation to honor court orders and lawful powers of attorney dealing with your specific accounts. However, except as indicated here, the Credit Union does not recognize persons who are authorized signers but not joint owners. Fiduciary accounts and accounts subject to a power of attorney can have non-owners authorized to conduct business on them. All other signers are automatically joint owners.
|
Changing Account Ownership or Beneficiaries
Any change in account ownership or access shall be in writing and on an amended Member Account Agreement. Consistent with the California Probate Code, if an owner of a joint account wishes to remove the other owner(s), either (1) that person must withdraw all funds, close the account, and re-open it in the new owner's name, or (2) all current owners must consent in writing to the change. If the owner wishing to remove other owners is not a member, he or she must qualify for and establish membership to re-open the account.
If there is a conflict between information you have provided on different Member Account Agreements at different times for the same account type, the information on the most recent Member Account Agreement will govern. If you wish to delete previous information, such as a POD beneficiary, write "None" in the space for that information on the most recent Agreement.
|
Continuing Authorization to Open Accounts
By completing a Member Account Agreement, you give the Credit Union a continuing authorization to open any account for you on your oral or written request and deposit of funds. Any account opened by oral authorization is an individual (single party) account until a valid written Member Account Agreement, executed by all Joint Owner/Signers is returned to the Credit Union.
|
Our Obligation to Follow Your Instructions
We are required to follow written instructions transmitted to us on your accounts by any account owner or any person authorized by an account owner to conduct business on your accounts. We consider instructions received in writing or via electronic means such as ATM keypads, or ExpressLine (Audio Response), or Online Banking to be "written" instructions. Our following the written instructions of any authorized person excuses the Credit Union of any further legal obligation regarding the proceeds of the transaction. You agree to indemnify and save the Credit Union harmless from any claims, suits or liability that directly or indirectly result from our handling of your accounts consistent with an authorized person's written instructions.
The Credit Union has the right to refuse to honor your instructions if they are uncertain or if a signature appears not to be authentic. If that happens, we will notify you of the fact in writing.
|
Deposits and Withdrawals
Funds can be deposited to your accounts by (1) direct deposit of your net pay or retirement benefits, (2) automatic payroll deduction, (3) in person at Credit Union branches or Credit Union Service Centers, (4) by mail, (5) by wire transfer, (6) through San Francisco Federal Credit Union ATMs and deposit-taking ATMs on other networks that we specify from time to time, or (7) Electronic Fund Transfer (EFT) from another financial institution.
Withdrawals can be made (1) by the ExpressLine Voice Response System, (2) by Online Banking, (3) in person, (4) at select network ATMs, (5) by writing checks if you have a Credit Union Checking Account, (6) by pre-authorized transfer (EFT), or (7) by telephone. Personal telephone withdrawals, ExpressLine withdrawals and Online Banking withdrawals will only be made by transfer to another Credit Union account of yours or by Credit Union check payable to the primary member and mailed to the primary member's address as shown on our records.
Certain deposits are subject to delayed availability, as spelled out in the "FUNDS AVAILABILITY POLICY" section of this Handbook.
Please use the deposit tickets in the back of your checkbook for all deposits to your checking account.
On your Credit Union Checking Account, you may write as many checks and make as many transfers or withdrawals out of the Account as you wish, provided you have sufficient funds. The number of deposits you may make is unlimited on all account types except for Term Accounts. However, the number of transfers out of your Regular Share Savings Accounts and Money Market Savings Accounts by certain methods is limited. You may make as many withdrawals or transfers out of these accounts as you wish using these means: (1) in person, (2) by mail, (3) by messenger, (4) at the ATM, or (5) by a telephone request to mail a check payable to you to your address in our records. All other withdrawals or transfers out of these accounts are limited to six per month, and no more than three of six such transfers may be made by check, draft, Check Card, or similar order made by you and payable to third parties. Examples of transfers or withdrawals out of these accounts to which the limits apply include: (1) pre-authorized automatic payments, such as for health club dues or utility bills; and (2) automatic and pre-authorized account transfers (including overdraft protection transfers).
We may refuse to accept for deposit checks or other items that appear to have been altered or are not made payable to you. If a check made payable to you is deposited without endorsement to any account on which you are a Member or joint owner, the Credit Union can endorse the check for you and present it to the bank on which it is drawn for payment.
Except for Checking Accounts, all accounts are non-transferable, other than on the books of the Credit Union. This means that shares can only be transferred to other members. To transfer your shares to another member, you must use a written form acceptable to us. Credit Union by-laws permit us to require a notice of at least 7 and up to 60 days before you withdraw shares.
Funds pledged as security for loans cannot be withdrawn without the Credit Union's prior written consent. We may refuse withdrawals if you have delinquent obligations with us.
|
Federal Insurance
Generally, if a Credit Union member has more than one account in the same insured Credit Union, those accounts are added together and insured up to $100,000 by the National Credit Union Share Insurance Fund (NCUSIF). There are exceptions, however. IRAs and Trust Accounts are eligible for an additional $100,000 of insurance. Accounts with different joint owners are also eligible for an additional $100,000 of insurance. If an account designates one or more eligible POD beneficiaries, $100,000 of insurance will be available for the primary member and for each POD beneficiary. (Eligible POD beneficiaries are the spouse, parent, child, sibling or grandchild of the primary member.) Here are some examples. (1) A member has a Regular Share Savings Account and an IRA in the same Credit Union. Each account is insured up to $100,000. (2) A primary member has a Regular Share Savings Account jointly with X, a regular Share Savings Account jointly with Y, and a Regular Share Savings Account jointly with Z. Each of the three accounts is insured up to $100,000 by the NCUSIF. (3) A primary member has a Regular Share Savings Account naming his spouse, his son, and his granddaughter as POD beneficiaries. Because all three POD beneficiaries are eligible, the account is insured up to $400,000, $100,000 for the primary member and $100,000 for each of the three POD beneficiaries.
|
Dividend Calculation, Compounding and Crediting
All dividends are calculated by the daily balance method, which applies a daily periodic rate to the balance in the account each day. Dividends are credited and at the end of the applicable dividend period. Dividends may be withdrawn as credited, or if they remain in the account, they compound and earn the same dividend rate as the other funds in the account.
|
Fees
Credit Union Accounts may be subject to fees, which, if assessed, may reduce earnings. Please see the separate Schedule of Fees and Charges.
When we use the "minimum daily balance" method to determine whether a fee will be waived, the account must have the stated minimum balance in it on each day of the period to qualify for the waiver.
When we use the "minimum average daily balance" method to determine whether a fee will be waived, the account or combination of accounts must have an average of the stated balance over the stated period to qualify for the waiver.
|
Permanent Records and Statement Review
We will mail you periodic statements recording all deposits, withdrawals, checks drawn on your account, dividends (if any), and fees. All accounts will receive a statement at least quarterly. Checking Accounts and accounts with electronic transfer activity will receive monthly statements. If there is more than one owner of the account, the statement will be sent to the first primary member.
We will mail statements to you at your address in our records. Notify us of any address change. If we receive a notice that an address we have for you is no longer valid, we will attempt to locate you once without charge. If our effort to locate you is unsuccessful, we may assess an invalid address fee against your account twice a year in June and December. See the Schedule of Fees for the amount.
You will not receive your canceled checks, although all checks are microfilmed and retained in that form for seven years. Also, your checks are in duplicate, so you make a copy every time you write a check. The IRS accepts duplicates for tax purposes. We will provide two check copies per statement period free of charge. Additional check copies are available for a small fee. See the Schedule of Fees and Charges.
The Credit Union is not responsible for items lost in delivery by the post office or otherwise not collected by the member.
If any mailed statements or other documents we send you are returned, undelivered, by the post office, the Credit Union is authorized to destroy them after three years.
|
In Case of Errors or Inquiries about your Statement:
If you suspect that there was an unauthorized signature or alteration of an item that affected one of your accounts (for example, if you think someone forged your signature on your check), you must notify us, in writing, within thirty (30) days or we will not be responsible for the item. Tell us all the information requested under the section entitled "WHAT TO TELL US IN CASE OF ANY ERROR OR INQUIRY."
Electronic Transfer Errors or Unauthorized Use: Please see the separate Electronic Funds Transfer Agreement and Disclosure in this Handbook for information about your rights and responsibilities.
Read your statement promptly to be sure we made no errors. The Credit Union will investigate any errors, provided you notify us in writing within sixty (60) days of the mailing of the statement containing the error. Tell us all the information requested under the section entitled "WHAT TO TELL US IN CASE OF ANY ERROR OR INQUIRY." We will not be liable for errors if you fail to notify us within the 60-day period.
Because we operate in an automated check processing environment, it is not feasible for us to physically examine checks that clear. For this reason we are, as allowed by law, altering the provisions of the California Commercial Code related to the time within you must report unauthorized signatures, alterations or other errors on your account.
If we correct any error that we made or accept any responsibility for a transaction, we have the right to collect the amount credited to your account from anyone else who is responsible. Our crediting your account will result in an automatic assignment to us of your rights to collect the amount from anyone else. You agree to cooperate with our efforts to collect the amount we credited to your account
If we make an error in handling your account, our liability will be limited to the actual damages. The maximum actual damages are the amount of the transaction. We will not be liable for consequential damages such as alleged harm to your credit standing, unrealized profits, emotional distress or exemplary damages due to a claimed reckless disregard of the consequence of our actions.
|
Closing Accounts
We have the right to close your accounts for any business reason on 10 days' written notice to you at your last known address. Any closing of your accounts will not affect our handling of regular transactions prior to the notice, provided that sufficient funds are on deposit to handle them.
Other grounds for closing your account(s) with or without advance notice include your writing NSF checks without overdraft protection, your failure to pay your loans, your misuse a checking account for check kiting or other unlawful purpose, or your failure to observe the conditions of any other agreement with the Credit Union.
|
Escheat
If there has been no activity on your account other than crediting of dividends for three years, your account will be deemed abandoned and subject to forfeiture to the State of California. We will charge the maximum fee allowed by law for this process. If your account has been inactive for two years, we will notify you at your address in our records that your account will escheat if you do not contact us to indicate an interest in it.
|
Our Handling Accounts In Case Of Your Death or Incompetence
If you have an individual account, your death or a court appointment of a conservator to manage your legal affairs will terminate our authority to disburse funds from your account. Our authority will terminate ten days after the later of (1) the date of your death or the appointment of a conservator or (2) the date we learn of your death or the appointment of a conservator. After we learn of your death or incompetence, we will comply with the law or court orders in disbursing account proceeds, and we will honor stop pay requests by any persons claiming an interest in your account.
|
SAVINGS ACCOUNTS |
Regular Share Savings Account
If you are within our field of membership, your completion of a Member Account Agreement, payment of a one-time non-refundable membership fee, and deposit of a minimum amount in a Regular Share Savings Account establishes you as a member of the Credit Union and entitles you to apply for all of our savings and lending services. Please see the Truth in Savings Disclosure for the current membership fee and minimum deposit to a Regular Share Savings Account. All accounts are subject to approval. Dividend rates specified for tiers are paid on the entire account balance. See the Truth-in-Savings Account Disclosure for balance tiers, corresponding dividend rates and Annual Percentage Yields, and fees. Dividends are paid and compounded monthly. Certain transfers and withdrawals out of this Account are limited to six per month. (See the "DEPOSITS AND WITHDRAWALS" section above.) In addition, non-automated withdrawals in excess of two per month are subject to a fee.
|
Money Market Savings Account
A minimum balance of $2,500 opens this account. Dividends are paid and compounded monthly. We use the daily balance method to calculate dividends. On any day the balance falls below the required minimum, the dividend rate will adjust to the lowest rate the credit union is paying on their Premier Checking account. Dividend rates specified for tiers are paid on the entire account balance. See the current Truth-in-Savings Account Disclosure for balance tiers and corresponding dividend rates and Annual Percentage Yields. Certain transfers and withdrawals out of this account are limited to six per month. (See the DEPOSITS AND WITHDRAWALS section above.)
|
Premium Money Market Account
A minimum balance of $20,000 opens this account. Dividends are paid and compounded weekly. We use the daily balance method to calculate dividends. On days on which the balance is below $20,000, the dividend rate and corresponding Annual Percentage Yield will drop to the lowest rate the Credit Union is then offering for Regular Share Savings Accounts. The dividend rate on this Account is based on the current week's 13-week Treasury Bill rate. The Credit Union Board of Directors may adjust the margin by which the dividend rate varies from the T-Bill rate at its sole discretion. Certain transfers and withdrawals out of this Account are limited to six per month. See the DEPOSITS AND WITHDRAWALS section above.
|
TERM ACCOUNTS
|
Features
Term Accounts offer a fixed rate of return on a set balance over an agreed-upon term and can earn higher rates of return. Term, dividend rate and Annual Percentage Yield are set when you open the Account. See our Truth-In-Savings Account Disclosure for the full range of terms, balance tiers, and corresponding dividend rates and Annual Percentage Yields. Dividends are earned every day that the funds remain in the account and are calculated using the daily balance method. Earnings post and compound monthly. The stated Annual Percentage Yield assumes that dividends remain in the account until maturity. Earlier withdrawal of dividends will reduce earnings.
|
Renewal at Maturity
Term Accounts renew automatically at maturity unless you close the Term Account at maturity or during the ten-day grace period that follows maturity. Automatic renewal will include the entire balance (including dividends earned) and will be for the same term and at the Dividend Rate and APY the Credit Union is then offering for Term Accounts of that term. If the Credit Union is not offering the same term, your account will renew for the nearest shorter term. We will send you a renewal notice at least 10 days prior to maturity. You can elect to transfer dividends to your Regular Share Savings Account, have dividends paid to you by check, or let the dividends remain in the account and be part of the renewed Term Account. You can also elect to add money to the renewing account or close the account and obtain the balance. If we don't hear from you, we will assume that you want the entire balance, including dividends, to renew automatically. You will receive a Truth-In-Savings Account Disclosure with your renewal notice. However, dividend rates will not yet have been determined, but will be determined on the maturity date. Please call or visit our web site to obtain the rate(s) applicable as of the maturity date (see HOW TO CONTACT US at the end of this Handbook).
|
Transaction Limits
You may not add funds to a Term Account after it is opened, except at maturity or during the grace period following maturity. You may withdraw dividends at maturity. Any withdrawals prior to maturity will be subject to penalty.
|
Early Withdrawal Penalties
If you withdraw principal from a Term Account prior to maturity, an early withdrawal penalty will apply that may invade principal. If you withdraw funds within six days of opening, the penalty on all Term Accounts will be
7 days' dividends. Penalties for withdrawals after six days from opening depend on the Term Account's term and will be the lesser of the dividends earned on the amount withdrawn or
| Term: |
 |
Penalty: |
 |
 |
| 3-6 months | | 1 months' dividends |
| 12 months | | 2 months' dividends |
| 18-24 months | | 3 months' dividends |
| 30-36 months | | 6 months' dividends |
| 48-60 months | | 9 months' dividends |
The penalty will be deducted from any Term Account if a withdrawal is made prior to maturity of the initial term or any renewal term. If, after the withdrawal and payment of the early withdrawal penalty, the account balance has fallen below the minimum for the existing dividend rate level, the account will be continued to the same maturity, but at the dividend rate and APY that was shown on the Truth-In-Savings Disclosure that applied to the post-penalty account balance at the time it was opened or renewed. For example, if (a) the dividend rates on 1/1/02 were 6% for one-year Term Accounts of $10,000 or more, and 5% for one-year Term Accounts of $2,500 to $9,999.99, and (b) you opened a $10,000 one-year term account on 1/1/02, and (c) on 6/1/02, you withdrew money so that the withdrawal plus penalties brought the balance to $9,999.99 or less but at least $2,500, the APY on the remaining balance would be 5% through 12/31/02, regardless of dividends on your Account.
Penalties may be waived if early withdrawal results from (a) the death of an owner of the Term Account; (b) any other ground that the law establishes as a valid condition for the waiver of a penalty, such as the owner's total disability; (c) a lawful distribution of an IRA; (d) the voluntary or involuntary liquidation of the Credit Union; (e) our failure to pay dividends within ten days of the agreed date; or (f) at the Credit Union's discretion, upon proof of a member's medical emergency.
|
Individual Retirement Accounts
Regular Share Savings Accounts and Term Accounts are available as IRAs. The terms stated in this Handbook will apply to the Regular Share Savings Account and Term Account IRAs, except that on Regular Share Savings Account IRAs, there is no minimum opening balance, and you will not earn dividends on any day on which the balance falls below $500. All IRAs are also subject to federal tax laws.
|
Fiduciary Accounts
|
We can set up all our non-IRA accounts for special purposes such as family trusts, executors of estates, and guardians and conservators. Uniform Transfer to Minor Act accounts is also available. These accounts are subject to separate written agreements. Certain restrictions apply. |
SHARE DRAFT (CHECKING) ACCOUNTS
|
General Checking Account Information
All accounts offer unlimited check-writing and an ATM Card or Check Card. Please refer to the separate Schedule of Fees and Charges for additional information about fees that apply to Checking Accounts. Fee waivers go by member number, not member name. To qualify for a combined-balance fee waiver, the accounts and/or loans that qualify you for the waiver must all be held under the same member number. All checking accounts come with one free box of checks per year if you maintain the combined savings and checking balances specified in the Schedule of Fees and Charges.
|
Premier Checking
No minimum balance to open this account. Dividends are paid and compounded monthly. We use the daily balance method to calculate dividends. No dividends are earned on days that the balance is below the minimum daily balance stated in the current Truth-in-Savings Disclosure. Dividend rates specified for tiers are paid on the entire account balance. See the current Truth-in-Savings Account Disclosure for balance tiers and corresponding dividend rates and Annual Percentage Yields.
This account is subject to a monthly maintenance fee and certain transactions are also subject to fees. Fee waivers may be available if you meet specified minimum balance requirements. Please refer to the Truth-in-Savings Disclosure and Schedule of Fees and Charges for details.
|
Classic Checking
No minimum balance to open this account. No dividends.
A monthly maintenance fee gives you a range of services, including five free monthly transactions at non-San Francisco Federal Credit Union ATMs and Point of Sale terminals. The monthly maintenance fee will be waived if you maintain a specified minimum daily balance in this Account during the current month, maintain a specified combined average daily balance in all Credit Union Checking and Savings Accounts during the current month, or have a specified outstanding consumer (non-real-estate) loan balance at the end of the current month.
ATM and Point of Sale transactions in excess of five per month, over-the-counter withdrawals in excess of five per month and overdrafts each will be charged a fee. However, these fees will be waived if you maintain a specified combined average daily balance in all Credit Union Checking and Savings Accounts during the prior month.
The fees and required balances to waive them are indicated in the separate Truth-in-Savings Account Disclosure and Schedule of Fees and Charges.
|
Custom Checking
No minimum balance to open this Account. No dividends.
No monthly fee applies to this account, but you will pay reasonable fees for services other than check-writing. There are fees for live teller cash withdrawals, ATM withdrawals, Point of Sale transactions, traveler's checks, overdrafts, and other services. These fees will be waived if you maintain a specified combined average daily balance in all Credit Union Checking and Savings Accounts during the prior month. The fees and the required balance to waive them are indicated in the separate Truth-in-Savings Account Disclosure and Schedule of Fees and Charges.
|
Checking Account Terms
The following additional terms apply to all Credit Union Checking Accounts.
Payments on Checks. We will make payments on current checks drawn on available funds in your Checking Account when signed by any person authorized on your Member Account Agreement. We will only honor completed, signed and endorsed checks, on blanks printed by us and given to you for your use or in a form approved by us. Spoiled checks should be destroyed or, if retained, disfigured. The carbon copy in the checkbook should be marked "void."
Governing Law. In handling checking transactions we will be governed by the California Commercial Code, Federal Reserve Board Regulations and our Credit Union procedures, as changed from time to time. If any provision of this Handbook is found to be unenforceable, the rest of the Handbook will remain in effect.
Stale Dated Items. The Credit Union is under no obligation to pay a check on which the date is more than six months old. If we do pay it, we will not be liable to you for any costs or damages.
Overdrafts. You may authorize overdrafts by completing an Overdraft Protection Authorization on your Member Account Agreement. If there isn't enough money in your Checking Account to cover the checks you write, or to cover transactions by you or authorized users of your electronic transfer devices (see the ELECTRONIC FUNDS TRANSFER section of this Handbook), we will consider these checks or electronic transfers to be requests for fund transfers or loan advances to cover the overdrafts. The money will be taken from the sources you have indicated on your Member Account Agreement, in the order you have indicated, subject to the following rules:
1. Overdraft transfers from your Regular Share Savings Account or Money Market Savings Account will be in $50 multiples, up to the available funds in the account. The the minimum balance specified in the Truth and Savings Account Disclosure requirement for a Regular Share Savings Account, the first $2,500 minimum balance requirement for a Money Market Savings Account, or the first $20,000 minimum balance requirement for a Premium Money Market Savings Account are not "available funds" for overdraft protection.
2. If you have an open-end line of credit in good standing and with available credit, you may also designate that line of credit as an overdraft protection source. Advances will be posted from your line of credit in multiples of $100 (or the available credit) to cover your overdraft in the amount needed. Overdraft line of credit advances are governed by the terms of the appropriate loan agreement.
3. If you don't have an open-end line of credit or have exceeded your credit limit, and there is not enough money in your designated overdraft protection source accounts or you have exceeded the monthly limit on transfers out of Regular Share Savings or Money Market Savings Accounts (see DEPOSITS AND WITHDRAWALS), we may return any "NSF" (non-sufficient funds) checks presented for payment to the payee's financial institution.
4. At our sole option, we may also pay items that overdraw your account and assess the fee disclosed on the Schedule of Fees and Charges. You must restore any amount by which your account is overdrawn immediately upon our demand. If you prefer that we return items that would overdraw your account rather than paying them, please notify the Credit Union in writing.
5. We are never obligated to pay an item that would overdraw your account, even though we may have accommodated you in this way in the past.
6. At our option, we have the right to automatically redeposit NSF drafts without notification to the parties. You agree that we may offset a returned NSF item with the proceeds of any other account in which you have an interest.
7. Unless you have a formal overdraft protection arrangement with us, we can close your Checking Account without prior notice for repeated overdrafts or for your other misuse of the Account such as check "kiting."
8. The same rules that apply to overdrafts caused by checks you write also apply if an overdraft results because you have obtained cash for an item you deposited that is later returned to us unpaid.
9. You waive protest and notice of dishonor for nonpayment of deposited returned items.
10. You agree that we can post overdrafts to your accounts in any order we select consistent with the law.
11. Every joint owner of the account is equally responsible for making up deficiencies in the account balance.
Stopping Payment. You can stop payment on any check drawn on your account before the check has been cleared for payment by notifying us orally and in writing. You must follow up the oral notice with a written request within fourteen (14) calendar days of the oral notice, or the stop payment request will lapse. Stop payment requests will be processed promptly, but the Credit Union will not be responsible for a check we pay within the first 24 hours after you request the stop pay. Written stop payment requests are valid for only six months but may be renewed for additional six-month periods by giving written notice to the Credit Union within the period during which the stop payment request is effective.
1. For us to effectively stop payment, we need to know the drawer, the payee, the account number, the date, the check number, and the exact amount of the check. Our computer will search for the check exclusively by the check number. It can read nothing else on the check. If the check number is wrong, no stop payment can be made.
2. If we fail to carry out a timely stop pay, we will not be obligated to reimburse you if the check paid your valid obligation. If we do reimburse you, the claim for funds against the payee of the check will be assigned to us and you agree to cooperate in collecting the amount wrongfully paid to the payee of the stopped check. Our liability to you is limited to the amount of the improperly paid check.
Post Dated Checks. Postdated checks may be cashed if presented by the payee before the date on the check. We will not be liable for the consequences of such early payment, unless you have given us separate notice (the date on the check alone is not sufficient notice) that the item is post-dated and identified the check to us by providing the same information that we require for stop payment requests. Our responsibility for failing to carry out your instructions regarding a post-dated check is the same as if we paid a check over your stop payment order.
Availability of Funds for Check Writing. Non-cash deposits are made available only after the times specified in the "Funds Availability Policy" section of this disclosure. We consider these deposits uncollected funds until the hold period expires. Please postpone writing checks or attempting withdrawals against these funds unless you intend to rely on your overdraft protection.
Prohibition on Pledging Funds. Funds deposited in Checking Accounts may not be pledged as security for a loan.
|
SPECIAL SERVICES |
CREDIT UNION CHECKS |
If you obtain a check drawn on the Credit Union payable to someone other than yourself the Credit Union is, under normal circumstances, guaranteeing the payment of the check. For that reason we will accept a stop pay request on a Credit Union Check only after we receive a written declaration under penalty of perjury from you and, in some cases, the payee. If the check was lost, stolen or destroyed before you delivered it to the payee, you must sign the declaration. If the check was lost, stolen or destroyed after delivery to the payee, both you and the payee must sign the declaration.
If we receive the stop pay after the check has cleared, we will not be responsible for the loss.
We will not issue a replacement check or credit your account until 90 days after the issue date of a Credit Union Check.
If, after 90 days have passed, we issue a replacement check or re-credit your account, we are discharged from further liability. If a holder in due course presents the original check after that time, you must pay the proceeds of the original check to the holder or the financial institution. You agree that if this happens, and you do not pay us the amount of the original check immediately upon our demand, we can deduct the amount of the original check from any Credit Union account in which you have an interest, and that if you do not have available funds for us to exercise our right of offset, our general rights to collect what you owe us will apply.
|
WIRE TRANSFERS
The Credit Union can make wire transfers from your accounts and will carry out your written instructions. We will also receive wire transfers for you. Wire transfers are subject to the terms of Federal Reserve Regulation J and Article 4A of the Uniform Commercial Code.
Wire transfers sent and received by the Credit Union are subject to the following terms:
1. If the Credit Union is receiving a wire transfer on your behalf, our responsibility is to carry out the terms specifically as transmitted by the sending financial institution, including any specific security procedure.
2. The Credit Union will not be liable for damages to you or a third party if we carry out the written instructions in a reasonable manner.
3. The Credit Union has a right to rely on any account or routing numbers furnished by you as sender or any numbers transmitted with a wire transfer from another financial institution for your benefit with reference to the deposit of the funds received.
4. The Credit Union has no obligation to correct erroneous spellings of names or erroneous account numbers in sending or receiving wire transfer proceeds.
5. The Credit Union will not be liable for indirect, consequential or punitive damages in the event that loss is sustained because we have failed to carry out instructions in a reasonable manner. Our liability is limited to the amount of the wire transfer.
|
FUNDS AVAILABILITY POLICY |
All deposits are subject to verification and final collection. When you deposit an item (such as a check) drawn on another institution, there is always a time delay before the item reaches the institution on which it is drawn and we recover payment. The following summary is given to you to meet federal notice requirements of our Check Hold policy and a specific understanding of circumstances that might cause a delay in availability. Please read it and keep it for future reference. |
GENERAL RULES |
Summary: Our policy is to provide you with prompt access to your funds. We will give you a written notice if a Hold is being placed on any part of your deposit. The following is a detailed explanation of our policy. |
DETERMINING AVAILABILITY OF A DEPOSIT |
The length of a delay, if any, is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays and federal holidays. If you make a deposit before we close on a business day that we are open, we will consider that to be the day of your deposit. However, if you make a deposit after we close or on a day that we are not open, we will consider the deposit made on the next business day that we are open. Please consult the section entitled "How to Contact Us" for branch hours. If you mail your deposit, we will consider the day we receive it to be the day of your deposit. For all ATM deposits, if you make your deposit to an ATM after noon on a business day or on a weekend, or holiday, we will consider the next business day to be the day of your deposit. Deposits to a night depository after 8:30 a.m. will be considered to have been made on the next business day we are open. |
If we do impose a delay, the length of the delay varies depending on the type of deposit and is explained below.
|
Same Day Availability
|
Funds from the following deposits are available on the same business day as the day of your deposit:
1. Cash if deposited in person to one of our tellers.
2. Electronic direct deposits.
3. Checks drawn on San Francisco Federal Credit Union.
4. Wire transfers.
|
Next Business Day Availability
Funds from the following deposits are available on the next business day after the day of your deposit if the deposit is made in person to a teller, received by mail, or deposited to a proprietary ATM or CU Service Center.
1. U.S. Treasury checks, and California State, county, city or public agency checks.
2. Federal Reserve Bank checks, Federal Home Loan Bank checks, and U.S. Postal Money Orders, if payable to you and endorsed by you.
3. Cashier's, certified, and teller's checks, if payable to you and endorsed by you.
4. Cash (unless deposited in person to a teller, in which case it will have same day availability).
5. The first $100 of local and non-local checks.
|
Other Check Deposits
The delay, if any, for personal and business check deposits depends on whether the check is a local or a non-local check. To see whether a check is local or non-local, look at the routing number on the check.
Identifying Routing Numbers: On personal checks, the routing number is the first series of numbers in the lower left hand corner of the check. On business checks, the routing number should be the second block of digits at the lower left side of the check. The first four numbers identify the region in which the check will clear. Of these the first two numbers are critical. If it is in the San Francisco Bay Area, routing numbers 1210 through 1213 and 3210 and 3213 are local checks clearing through San Francisco. Otherwise, the check is a non-local check.
Some checks are marked "payable through" and have a four- or nine-digit number nearby. For these checks, use the four-digit number (or the first four digits of the nine-digit number), not the routing number on the bottom of the check, to determine if these checks are local or non-local.
If a delay is imposed (and we will notify you if it is), our policy is to make funds from these checks available as follows:
1. Local Checks: The first $100 will be available on the first business day after the day of your deposit. The remaining funds will be available on the second business day after the day of your deposit. For example, if you deposit a local check of $700 on Monday, $100 of the deposit is available on Tuesday. The remaining $600 is available on Wednesday.
2. Non-Local Checks: The first $100 will be available on the first business day after the day of your deposit. The remaining funds will be available on the fifth business day after the day of your deposit. For example, if you deposit a $700 non-local check on a Monday, $100 of the deposit is available on Tuesday. The remaining $600 will be available the following Monday.
If you deposit both categories of checks, $100 from the checks will be available on the first business day after the day of your deposit.
|
Deposits at Non-Proprietary ATMs
The funds will be available not later than five business days after the business day of your deposit.
|
Longer Delays May Apply
In some cases, we will not make all of the funds that you deposit by check available at the times shown above. If we are not going to make all funds from your deposit available at the times shown above, we will notify you in writing when you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to a Credit Union employee or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
If you need your funds right away, ask us when the deposit will be available.
We can delay availability for any reasonable amount of time, generally not more than nine business days, if:
1. We reasonably believe a check you deposit will not be paid.
2. You deposit checks totaling more than $5,000 on any one day.
3. You have overdrawn your account repeatedly in the last six months.
4. You redeposit a check that has been returned unpaid.
5. There is an emergency, such as failure of communications equipment.
We will notify you if we delay your availability to withdraw funds for any of these reasons, and when the funds will be available.
|
Special Rules for New Accounts
If you are a new member, the following special rules will apply during the first 30 days your account is open.
The first $5,000 from a deposit of U.S. Treasury checks will be available on the first business day after the day of your deposit. The excess over $5,000 will be available on the ninth business day after the day of your deposit. Funds from wire transfers into your account will be available on the first business day after the day we receive the transfer.
Funds from deposits of cash and the first $5,000 of a day's total deposits of cashier's, certified, teller's, travelers and state and local government checks will be available on the first business day after the day of your deposit, if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000 will be available on the ninth business day after the day of your deposit. If you do not make the deposit in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit.
Funds from all other check deposits will be available on the ninth business day after the day of your deposit.
If we choose to accept a check as your agent for collection rather than to deposit it, these delay limits do not apply. The money will be posted to your account when we receive it.
|
Location of Check Endorsements
Federal law requires all check endorsements to be in the first 1-1/2 inches of the trailing edge of the back of the check. The trailing edge is opposite the left side of the face of the check, the side of the check just behind the address of the financial institution. You will be responsible for any costs or delays the Credit Union incurs because checks deposited to your account do not comply with the endorsement rules.
|
ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE STATEMENT
|
INTRODUCTION/SCOPE OF SERVICES
Electronic Funds Transfers (EFTs) are payments to, or withdrawals from, your account which are started electronically. This agreement applies to transactions initiated by (1) ATMs (automatic teller machines) that display the logos of networks we designate from time to time, (2) ExpressLine Voice Response, (3) Online Banking and Bill Payer, (4) Point-of-Sale (POS) terminals that display logos of networks we designate from time to time, (5) third party electronic transfers into your account via Automated Clearing House (ACH) such as pension payments by direct deposit and payroll deduction, (6) transfers out of your account to third parties such as automated bill payment services, or (7) use of a VISAŽ Check Card at participating merchants or ATMs that display logos of networks we designate from time to time.
|
ELIGIBILITY
Eligibility for EFT services is conditioned upon your continuing to be a Credit Union member in good standing (including the deposit and maintenance of $100 in a Regular Share Savings Account and meeting your loan obligations), and your checking account history with the Credit Union and other institutions must be satisfactory. To qualify for a Check Card, you must have a Credit Union Checking Account.
|
SECURITY OF YOUR ACCOUNTS: KEEP YOUR PERSONAL IDENTIFICATION NUMBER (PIN) AND PASSWORD SECRET
You can't use an ATM Card or Check Card at an ATM or point-of-sale terminal without keying your Personal Identification Number (PIN) into the ATM or terminal after inserting your Card into the machine. Your randomly selected PIN will be given to you when you request a Check Card. You may change your PIN if you wish by bringing your Card and valid identification to a credit union office. You will need to know your existing PIN to request a new one, but we recommend you store your PIN only in your memory. Keeping your PIN secret will keep an unauthorized person from taking money out of your Credit Union accounts.
You can't use the ExpressLine Voice Response system or Online Banking without your secret Password/PIN, initially your social security number. Because this is an easy number for others to obtain, we recommend you change it immediately, following the ExpressLine or Online Banking instructions for doing so.
To keep your Password/PIN secret, please follow these simple rules. Memorize them, just as you learn a frequently called telephone number. Do not write the PIN on your ATM Card or Check Card, and do not keep your Password near telephones or your personal computer in your home or office. If you must write these numbers down, do not keep the notes any place near your ATM Card or Check Card. If you do make a note of these numbers, do so in a way that won't make it easy for someone to find them and know what they are. Don't let anyone use your ATM Card or Check Card or watch you key in your PIN or Password. If you believe an unauthorized person has gained access to your PIN or Password, telephone the Credit Union immediately (see "HOW TO CONTACT US" at the end of this disclosure) and instruct us to de-activate the code/card.
Remember that a PIN is not required to use a Check Card for signature transactions. Treat your Check Card as carefully as you treat cash.
|
CONSENT TO TERMS
By applying for, keeping, signing or using any EFT device, you acknowledge receipt of this disclosure and you agree that your use of EFT services will be subject to its terms. If you don't want to use ExpressLine or Online Banking, call or visit the Credit Union and ask us to de-activate your password. If you don't want to use an ATM Card or Check Card, cut all issued cards in half and return them to the Credit Union with a request that they be cancelled.
|
EXPRESSLINE-AUTOMATED TELEPHONE ACCESS TO YOUR ACCOUNTS (VOICE RESPONSE)
Our ExpressLine Voice Response System lets you access your accounts electronically by touch-tone telephone from anywhere in the United States. We will give you instructions on how to conduct transactions on your account by phone.
|
Available Services
By keying in your confidential PIN and the proper command on a touch-tone phone, you will be able to: 1) transfer funds between your Regular Share Savings, Checking, and Money Market Accounts, 2) make loan payments by direct transfer from your Regular Share Savings, Checking or Money Market Accounts, 3) obtain account information, including posting of transactions, loan status, account balances, dividends, last deposit and check clearance status, savings and loan rates, loan terms, or 4) request withdrawal by check payable to you from your Regular Share Savings Account (the check will be mailed to the primary member at his/her address of record). Other related services may be added upon notice to you.
Generally, the ExpressLine Voice Response System is available seven days a week, twenty-four hours a day. The only time you will not be able to access your account is during computer system maintenance.
|
Limitations on ExpressLine Use
Federal regulations limit certain non-personal transfers by telephone from your nontransaction accounts to six transactions per month (see the section entitled "Deposits and Withdrawals" in this Handbook). ExpressLine transfers are considered non-personal.
|
Unauthorized ExpressLine Transactions
Notify the Credit Union immediately if you believe an unauthorized person has gained access to your secret ExpressLine PIN. You should also change your PIN immediately. Call ExpressLine to obtain instructions for changing your PIN by telephone. If you believe an unauthorized person has obtained your PIN and used it to change your ExpressLine PIN, please call the Credit Union (see "HOW TO CONTACT US" at the end of this Handbook) to close your accounts to ExpressLine access. See "Unauthorized Transactions" in the "TERMS APPLICABLE TO ALL EFTs" section of this disclosure for information on how to contact the Credit Union and other information on your potential liability for unauthorized transactions.
|
Additional Terms Applicable to ExpressLine
Please read the section below entitled "Terms Applicable to All EFTs" carefully. These terms apply to ExpressLine.
|
ON-LINE BANKING AND BILL PAYER
|
You can use your PC for a variety of transactions. You must have a personal computer with the following system requirements to use Online Banking and Bill Payer:
1. Internet Access
2. Modem capable of at least 14,400 (14.4) bits per second (bps).
3. A version of a browser that is SSL (secure socket layer) enabled, such as a Netscape Navigator version 4.0 or greater, or Microsoft Internet Explorer version 4.0 or greater.
You must have a Credit Union Checking Account to use Bill Payer.
|
Available Services
By keying in your password, member number, and the proper commands, you can use Online Banking on your home computer to perform any transaction you can perform with ExpressLine. You can also download account history and print prior statements.
With Bill Payer, you can pay your bills on-line without writing checks, saving you time and postage. By accessing Bill Payer through Online Banking, you can pay merchants on our established list or set up payments to other merchants. You can make a single payment, set up recurring manual payments that vary in amount, or set up automatic payments in the same amount at the same frequency (such as monthly or bi-weekly).
Online Banking and Bill Payer are generally available 24-hours a day, seven days a week, although the system may from time to time be shut down for maintenance.
If you do not want to use both Online Banking and Bill Payer, please call or visit the Credit Union and ask us to deactivate your password. If you want to cancel the Bill Payer service, you can select the "Stop Bill Pay" option in Bill Payer at any time.
|
Activating On-Line Banking and Bill Payer
You must log into Online Banking using your member number and Social Security Number. You will be required to change your password immediately for security reasons. Online Banking will tell you how to change your password. To activate Bill Payer, sign on to Online Banking by entering your Online Banking password and clicking the "Pay Bills" button. The first time you log into Bill Payer, you will be required to agree to the terms of the on-line banking disclosure to proceed. Bill Payer will give you complete instructions on setting up payments.
|
Limitations on On-Line Banking and Bill Payer Use
All transactions are limited to available funds in your accounts. Single Bill Payer payments cannot exceed $9,999.99. You can pay as many bills as you like, but you can have no more than 45 merchant payees set up at any one time. Online Banking transfers out of your Regular Share Savings and Money Market Savings Accounts are limited to six per month. Overdraft protection transfers out of Regular Share Savings and Money Market Accounts for Bill Payer (if you have set either of these accounts up as an overdraft protection source) are limited to three per month. (See the "DEPOSITS AND WITHDRAWALS" section of the Handbook for details on withdrawal limits.) Bill Payer payments can be made only to U.S. merchants and only in U.S. Dollar denominations. Bill Payer cannot be used to pay money you owe to governmental entities such as taxes, or to make court-ordered payments such as child support. If you have available overdraft protection we will make account transfers or loan advances to your Checking Account to cover Bill Payer payments that would otherwise overdraw your account. However, we will not make a Bill Payer payment if doing so would cause a negative balance in your Checking Account.
|
Special Bill Payer Instructions
You are responsible for providing us with complete and accurate information about the merchant you wish to pay (a) when you first set up the account on Bill Payer and (b) if merchant information changes. Bill Payer will give you detailed instructions about what information is required. We do not verify the accuracy of merchant information.
You tell us the date that your payment is due. We will deduct the necessary funds to make the payment from your account at the start of business two to five business days before the payment is due. We will attempt to send the payment to the merchant by check or electronic transfer on the day we deduct the funds from your account. Whether your payment is made by check or electronically, you must have funds available in your account to make the payment by 7:00 a.m. five business days before the payment due date. If you are setting up a new payment, and the payment is due in less than five business days, we will deduct the funds from your account at the start of business on the business day after you set up the payment. If you want us to send a same-day payment, your request must reach us before 7:00 a.m. on a business day. The merchant may not receive the payment on time if we do not have complete and accurate instructions and funds by
7:00 a.m. five business days before the payment is due.
If you intend to rely on funds from direct deposit to make a bill payment, be aware that we do not receive those funds until after the funds are deducted from Bill Payer.
If our first attempt to make a Bill Payer payment fails due to insufficient funds or other reason, we attempt the payment a total of five times. If we are still unsuccessful, we will charge our standard returned share draft fee to your account.
We will not be responsible for late payments if you fail to observe these time limits or if you do not provide us with complete and accurate merchant information.
You can cancel a bill payment by clearing the "due date" field or deleting the merchant from Bill Payer at any time before funds are withdrawn from your account. However, once the funds are withdrawn from your account, electronic payments cannot be stopped and you will have to resolve any disputes directly with the merchant. It may be possible to stop a payment by check if we receive your request before the merchant cashes the check. We will make reasonable efforts to stop check bill payments but cannot guarantee that we will be able to do so.
The Credit Union will be responsible for late fees only if we fail to follow your timely, complete and accurate instructions. You will be responsible for any late fees that occur because you have not given us accurate or complete information, because you do not have sufficient available funds in your account by 7:00 a.m. five business days before your payment due date, because you have not instructed us to make the payment on time, because a check we mailed was lost or mis-delivered by the postal service, or if making a mortgage payment, you did not select a payment due date on the business day of or prior to the actual due date (we are not responsible if the due date you entered is within the grace period).
|
Unauthorized On-Line Banking Transactions
Notify the Credit Union immediately if you believe an unauthorized person has gained access to your secret Online Banking password. You should also change your password immediately by using Online Banking and following the instructions. If you believe an unauthorized person has used your password to change your password, please call or visit the Credit Union immediately. See "Unauthorized Transactions" in the "TERMS APPLICABLE TO ALL EFTs" section of this Handbook for information on how to contact the Credit Union and other information about your potential liability for unauthorized transactions.
|
Fees
There is no fee for Online Banking.
There is no fee for Bill Payer.
An inactivity fee of $2.95 per month is charged if you do not pay a bill in 2 consecutive calendar months. The fee will be automatically deducted from your Credit Union Checking Account. You can cancel Bill Payer at any time on-line by selecting the "Stop Bill Pay" option in Bill Payer. Your cancellation will be effective immediately. If you cancel Bill Payer, all of your payment data will be lost.
A fee is charged to obtain a copy of a Bill Payer check, or for an attempted stop payment of a Bill Payer check, whether successful or not. Please refer to the current Schedule of Fees and Charges.
Fees that apply to accounts generally will also apply to Bill Payer access to your accounts. For example, if you ask us to do research on Bill Payer transactions, our normal account research fee applies.
|
Additional Terms Applicable to On-Line Banking and Bill Payer
Please read the section in this Handbook entitled "TERMS APPLICABLE TO ALL EFTS" carefully. These terms apply to Online Banking and Bill Payer.
|
CHECK CARDS AND ATM CARDS
A Check Card bears the VISAŽ logo, but it is not a credit card. A Check Card enables you or anyone you authorize to use the Check Card to order the Credit Union to make payments from your linked Credit Union Checking Account without writing a check. You can use the Check Card to pay participating merchants for goods or services, either through a point-of-sale terminal displaying the logo of a network we have designated or by a signature transaction. You can also use it to obtain cash from ATMs displaying logos of networks we have designated, from participating financial institutions, or from others who honor the Card. Use of the Check Card authorizes the Credit Union to charge your Checking Account for the full amount of the transaction plus any applicable service fee as soon as the transaction posts to your account. There is no deferred payment as there is with a credit card.
The Credit Union is no longer issuing new ATM cards, but members who have ATM cards may continue to use them for the transactions indicated here.
|
Available Check Card Services - Signature Transactions
You can use your Check Card to access your linked Checking Account to purchase goods and services from participating VISAŽ merchants and obtain cash from financial institutions displaying the VISAŽ logo, on signature transactions, up to $5,000 per day.
We can add other services by giving you any notice required by law.
|
Available Check Card or ATM Card Services - PIN Transactions
You can also use your San Francisco Federal Credit Union Check Card or ATM Card to withdraw cash up to $500.00 per day, usually in $20.00 increments, from your linked Regular Share Savings or Money Market Savings and Checking Account. Withdrawals are available at proprietary ATMs and at non-proprietary ATMs on networks in which we participate. You can use your Check Card or ATM card to make purchases or withdraw cash from your linked Checking Account for up to $2,500 per day in point-of-sale (POS) transactions at terminals on networks in which we participate. You can also use your ATM or Check Card at proprietary ATMs and ATMs on certain networks to transfer funds between linked accounts and make deposits to your linked accounts. Proprietary ATMs are ATMs that we own and operate. The logos of ATM networks and point-of-sale in which we participate are shown on the back of your ATM Card or Check Card.
|
Check Card and ATM Card Transaction Limits
All Check Card and ATM Card transactions are limited to the amounts listed above for those Card types or the available funds in your account, whichever is less. The per-day limit for signature transactions applies to 24-hour periods Monday through Saturday. From start of business Saturday to start of business Monday counts as one day for determining the limit for signature transactions. The per-24-hour-period limit for ATM and point-of-sale transactions applies seven days a week.
You can designate one Savings or Money Market Account (S1,S3 or S4) and one Checking Account to access at ATMs with your Check Card or ATM Card. You can access your designated non-Checking Accounts only at ATMs. Merchant and point-of-sale transactions can access only your Checking Account.
If you have a Check Card with only a Savings Account linked, you will be able to conduct ATM transactions only. Signature and POS transactions are only available with a linked Checking Account.
Until the earlier of (1) five days from the date of the merchant transaction or (2) the merchant authorization clearing your account, your total authorization limit will be reduced by the amount of the merchant authorization. After the transaction clears, your total authorization limit will be permanently reduced by the amount of the transaction plus any applicable fees, although additional deposits to your Checking Account will of course increase your total authorization limit after they have cleared.
Although you have sufficient funds in your Checking Account to cover a requested withdrawal, it may be possible that an ATM, merchant, financial institution or other entity that honors the Check Card or ATM Card will not be able to determine your actual balance. Therefore, the Credit Union will not be liable for the refusal or inability of any such ATMs or entities to allow you to use your Check Card or ATM Card or for their retention of your Card.
All use of your Check Card or ATM Card must be backed by actual available funds in the Credit Union account you are accessing. If you have been approved for overdraft protection on your Checking Account, we will make a loan advance or transfer funds from the account(s) you have designated that will be sufficient to cover any negative Checking Account balance due to a Check Card or ATM Card checking withdrawal. Funds to cover overdrafts will be transferred from the source(s) you have designated for overdraft protection in the order you have designated. If your overdraft protection source is not available to cover your transaction, and your withdrawal overdraws your Checking Account, you agree to immediately reimburse the Credit Union for the amount by which your account is overdrawn. You are responsible for not attempting to withdraw funds when the available funds in your accessed Account are insufficient. We have the right not to honor transactions for which you do not have sufficient funds or overdraft protection. Fees are associated with overdrafts whether or not you have overdraft protection available. Please see the Credit Union's Truth-In-Savings Account Disclosure for details on such fees and charges.
A Hold may remain on funds in your Checking Account even after a Check Card transaction is cleared. For example, if a Check Card authorization is obtained in advance for several nights at a hotel, but actual charges are put through one night at a time, a Hold might apply to both the total advance authorization and the charges for the individual nights. The Credit Union will make every effort to avoid this, but you should be aware of this possibility.
You must not use the Check Card for illegal transactions such as illegal on-line gambling. The illegality of any authorized use of the Card will not be a defense to your obligation to pay the transaction amount.
|
Checking Account Terms Apply to Check Card
Use of the Check Card will be treated as though it were a check and will also be governed by the terms of your Checking Account agreement with the Credit Union, plus any Checking Account overdraft protection agreement you have with the Credit Union, except that
1. the Credit Union may charge withdrawals to the Checking Account in any order it determines consistent with the law. If funds are not sufficient to cover all withdrawals, the Credit Union may pay Check Card withdrawals and dishonor regular checks, and
2. the Credit Union cannot honor stop payment requests on Check Card transactions.
|
Transaction Dispute Rights - Applicable Only to Check Cards
VISA operating rules give you certain rights to dispute merchant transactions. You must first make a good faith effort to resolve the dispute directly with the merchant. If you are unable to resolve the dispute directly with the merchant, notify the Credit Union at once. You must tell us within 60 days of the date on which we sent you the FIRST statement on which the disputed transaction appeared. Include copies of any documents that reflect your efforts to resolve your dispute with the merchant.
The Credit Union will arrange to have the dispute investigated to determine whether you have the right to have your account credited for the amount in dispute. The Credit Union will, at a minimum, provisionally recredit your account for the amount of your dispute so that you will have use of the funds within 10 business days (20 business days for new accounts). It may take up to 45 days (90 days for Point of Sale or foreign transactions or on new accounts) to make a determination. Your account will be provisionally recredited in 5 days if the dispute involves unauthorized use of your VISA Check Card and your account is not new.
If you do not submit your dispute in writing within 10 business days after we ask you to do so, we are not required to credit your account during the investigation. If it is determined that you are entitled to a credit to your account, the Credit Union will post it (or change a provisional credit to a permanent credit) within 1 business day of the determination.
If VISA operating rules do not allow a credit to your account, any amount for which your account was provisionally credited will be deducted from your account. We will notify you if this happens, and will pay any items that overdraw your account for 5 business days after we send you this notice without imposing an overdraft fee, but only to the extent the overdrafts are equal to or less than the amount of the provisional credit we deducted from your account. If any item overdraws your account by more than the amount of the provisional credit, you will be charged an overdraft fee. You agree to immediately restore to the Credit Union the amount of any overdraft on your accounts.
Your rights to dispute merchant transactions through the Credit Union are limited to those provided by VISA's operating rules.
|
Other Check Card and ATM Card Terms
Although other documents you may receive when you initiate transactions with your Check Card or ATM Card, such as sales receipts, may have contract terms printed on them, your agreement with the Credit Union is limited to the terms in this agreement plus your Credit Union Checking Account Agreement and any overdraft protection agreement applicable to your Credit Union Checking Account.
Purchases and cash withdrawals made in foreign countries and foreign currencies will be billed to you in U.S. dollars. The conversion rate in dollars will be either at the wholesale market rate or the government-mandated rate, whichever is applicable, in effect one day prior to the processing date, increased by one percent (100 basis points) or an amount determined by Visa International.
Merchants and others who honor the Check Card may give credit for returns or adjustments. When the Credit Union receives the credit from the merchant or other entity, the Credit Union will credit your Checking Account for that amount.
|
Check Card Fees
The use of the Check Card at ATMs may be subject to a fee. Although there is no annual fee applicable directly to the Check Card, the Checking Account with which the Check Card is linked may have monthly maintenance fees and may impose fees for ATM or Point-of-Sale (POS) Check Card use which will also apply to use of your Check Card. Please refer to the Schedule of Fees and Charges for fees that apply to Check Card transactions.
Please refer to the Credit Union's current Truth-In-Savings Account Disclosure for detailed information on fees.
|
Liability for Unauthorized Use of Check Cards and ATM Cards
Your liability for unauthorized use of your VISAŽ Check Card use is determined by VISA USA's operating rules. If unauthorized use of your VISA Check Card occurs at certain POS terminals or ATMs, your potential liability for unauthorized use is that set out below in the "Unauthorized Transactions" part of the "TERMS APPLICABLE TO ALL EFTs" section of this Agreement. All unauthorized use of your ATM Card is also subject to the rules set out below in the "Unauthorized Transactions" part of the "TERMS APPLICABLE TO ALL EFTs" section of this Agreement. Except for certain POS or ATM activity, you will have no liability for other unauthorized use of your VISAŽ Check Card. You agree to promptly report the loss of theft of your Check Card whether or not you may be liable for its unauthorized use. It benefits all Credit Union members if losses due to unauthorized card use claims are kept to a minimum.
|
Additional Terms
Please read the "TERMS APPLICABLE TO ALL EFTS" sections of this disclosure very carefully. They apply to the Check Cards and ATM Cards.
|
TERMS APPLICABLE TO ALL EFTS
1. You must have both your ATM Card or Check Card and your personal identification number to access your Credit Union accounts through any ATM or POS terminal. You must have your Password to use ExpressLine or Online Banking and Bill Payer.
2. If you authorize us to issue a duplicate ATM Card or Check Card to someone, or if you give your Card, PIN or ExpressLine/Online Banking and Bill Payer Password to another person, you are authorizing that person to withdraw funds and perform other transactions on your accounts covered by this agreement regardless of whether you have otherwise authorized that person. This rule also applies to any other EFT service that may become available in the future.
3. You consent to the terms of this agreement by using any EFT access device (such as an ATM Card, Check Card or ExpressLine/Online Banking Password). You continue to be bound for all transactions resulting from the use of the ATM Card, Check Card, or ExpressLine/Online Banking and Bill Payer Password until you give us written notice to deactivate the device and, if it is a physical device such as a plastic card, return it to us.
(a) Any person who applied for the ATM Card, Check Card, or ExpressLine/Online Banking and Bill Payer Password, or signs an ATM Card or Check Card, or uses an EFT device for transactions, is equally obligated (jointly and severally) with any other such person to meet the terms of this agreement.
(b) You are also obligated to repay any charges resulting from the use of the ATM Card, Check Card, ExpressLine or Online Banking and Bill Payer by another person with your express or implied permission, whether or not the person stays within the limits of use set by you.
(c) Any persons who use the ATM Card, Check Card, ExpressLine or Online Banking and Bill Payer are also obligated to repay the Credit Union for all charges incurred because of their use of the access device.
(d) You remain bound to pay for charges under this agreement even though another person has been directed to pay the debt by agreement or court order such as a divorce decree.
4. You understand and agree that if you or anyone you authorize to use the ATM Card, Check Card, ExpressLine or Online Banking and Bill Payer gives conflicting instructions on the ATM keypad and a deposit slip or other written instruction inserted into the ATM, the Credit Union will follow the instructions given on the keypad.
5. You agree that if you or anyone acting with you uses your ATM Card, Check Card, ExpressLine or Online Banking and Bill Payer with fraudulent intent, we consider that transaction to have been authorized by you.
|
Documentation of Transactions
Each time you use an ATM Card or Check Card at an ATM, you will receive an acknowledgement receipt describing the transaction (unless the machine notifies you that receipts or not available or, at some machines, you elect not to get a receipt). You will also get a receipt when you use your Card at a Point of Sale terminal or, if you have a Check Card, if you use it for a signature transaction. If you use your Check Card for telephone or Internet purchases, your only record may be your monthly statement. Keep your receipts to update your records and verify your monthly statements on which these transactions will also appear. ExpressLine and Online Banking transactions are reflected only on your monthly statement.
|
Excess Withdrawals
Withdrawals or transfers must be backed with actual available funds in your Credit Union Checking or Savings Accounts. If you have been approved for overdraft protection, we will make a loan advance or transfer funds from your designated overdraft protection account source sufficient to cover any negative account balance due to ATM cash withdrawals, or point of sale use of an ATM Card or Check Card, or other Check Card use, up to your available credit limit or the available balance in your account, depending on the overdraft protection source(s) you have. Funds will be taken out of your accounts in the order you designate on your Member Account Agreement, Check Card application, or supplemental Overdraft Authorization Card. Unless you have overdraft protection, cash may not be dispensed if available funds in the accessible accounts are not sufficient. It is your responsibility not to attempt to withdraw cash against deposits that have not yet cleared in the time permitted by the law and the Credit Union procedures. If any account of yours has a negative balance because of EFT activity, you agree to immediately restore your account to a zero or positive balance.
|
Unauthorized Transactions - All EFTs
Your Liability for Unauthorized Use
Tell us AT ONCE if you believe that your ATM Card, Check Card, PIN, or ExpressLine/Online Banking secret Password, has been lost or stolen or otherwise made available to an unauthorized person, or that someone has transferred or may transfer money from your account without your permission. Please refer to the "HOW TO CONTACT US" section at the end of this disclosure for how to provide this notification. Telephoning is the best way of keeping losses down. You could lose all the money in your account, plus your maximum overdraft line of credit if you fail to promptly report unauthorized ATM Card, ExpressLine or Online Banking use, or the unauthorized use of a Check Card for certain POS or ATM transactions.
If you believe your ATM Card, your Check Card, your PIN, or your ExpressLine/Online Banking secret Password has been lost or stolen or otherwise made available to an unauthorized person, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50, if someone used your Card, PIN or Password without your permission.
However, if you DO NOT tell us within two (2) business days after you learn of the loss or the theft of your Card and/or the loss, theft, or other unauthorized dissemination of your ATM Card or Check Card PIN or ExpressLine/Online Banking secret Password, and we can prove we could have stopped someone from using your Card and/or PIN and/or Password without your permission, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after sixty (60) days, if we can prove that we could have stopped someone from taking the money if you had told us in time. That means you could lose all the money in your account plus your maximum overdraft line of credit.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods.
If unauthorized use is made of your Check Card for transactions other than certain POS and ATM transactions specified in VISA USA's operating rules, you will have no liability for it.
Please remember: Any person who receives an additional ATM Card or Check Card at your request, or to whom you give your Card and/or PIN, or whom you permit (either by express or implied permission) to use your PIN, Card or ExpressLine Password would be able to withdraw all of the money in your account. We refer to such persons as authorized users, and you agree that all authorized users may withdraw funds from your accounts with the ATM Card, Check Card or ExpressLine/Online Banking Password. You are obligated to repay any charges resulting from the use of your Card by authorized users, whether or not the person stays within any limits of use set by you. For example, if you give your friend your Check Card in April to buy groceries and he/she uses it again in October to withdraw cash from an ATM, that transaction is considered authorized by you. The only way you can stop an authorized user from withdrawing funds from your accounts is to notify the Credit Union to cancel your ATM Card or Check Card and de-activate your PIN, or to de-activate your ExpressLine/Online Banking Password. You remain liable for any authorized use of your ATM Card or Check Card or PIN or Password that occurs before you tell the Credit Union to cancel them.
|
Preauthorized Electronic Transfers
You can preauthorize the Credit Union to make transfers electronically. These include preauthorized deposits of salary or government pensions and preauthorized payments such as insurance. Preauthorized transfer authorizations must be in writing. Although you can call the Credit Union for information about the transfer, your only documentation of the transfer will be an entry on your periodic statement. There is a maximum of six such transfers a month from non-transaction accounts (see the section entitled "Deposits and Withdrawals" in this Handbook).
Right to stop payment and procedure for doing so. If you have regular pre-authorized charges to your account, you can stop any of these payments. Here is how: Immediately contact us (see the "HOW TO CONTACT US" section at the end of this disclosure. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. There is a fee for each stop payment request. (Please see the Credit Union's Truth-In-Savings Account Disclosure for detailed information on fees and charges.) To prevent any future transfers, you should also notify your initiator in writing to stop the charges and send us a copy.
Liability for failure to stop payment of preauthorized transfer. We must receive notice three (3) business days before the payment date. If you order us to stop one of these payments three (3) business days in advance of the scheduled transfer, and we fail to stop the payment, we will be liable for your losses or damages.
Credit Union Liability: If we do not properly complete a transaction according to our agreement with you, we will be liable for your direct losses or damages. However, there are some exceptions.
1. We will not be liable, if:
(a) through no fault of ours, your account does not contain enough money, or you don't have available credit, to make the transaction;
(b) the ATM where you are making the transaction does not have enough cash;
(c) the equipment was not working properly and you knew about the breakdown when you started the transaction;
(d) the money in your account is subject to legal process or other claim;
(e) your ATM Card, Check Card, PIN or ExpressLine/Online Banking Password has been reported lost, stolen or missing and we have blocked the account;
(f) circumstances beyond our control such as fire, flood, electrical failure, or malfunction of the central data processing facility prevent the completion of the transaction despite our reasonable precautions; or
(g) there are other lawful exceptions established by the Credit Union and you are given proper advance notice of them.
2. In no event will the Credit Union be liable for consequential, special, indirect or punitive costs or damages.
3. The Credit Union will carry out instructions given to us electronically, whether through the ATM, ExpressLine, Online Banking or a Point of Sale terminal, or in writing such as through a preauthorized transfer instruction or Check Card signature transaction. We will not incur liability for doing so in a reasonable manner. You agree to indemnify and save the Credit Union harmless from all costs, claims, damage, or liability which it sustains as a result of carrying out in a reasonable manner instructions received through ATM, POS terminal, signature transaction, ExpressLine, or Online Banking, from you or an authorized user.
4. The Credit Union may arrange for the availability of ATMs at various locations with access during non-business hours for the convenience of its members. However, ATM sites are not subject to our control. You assume the risk of using them since the Credit Union does not in any way warrant the security or safety of any location. The Credit Union is not responsible for wrongful acts committed by anyone who is not an authorized agent or employee of the Credit Union regarding your use of ATMs. The Credit Union will not be liable for consequential damage that you claim results from our failure to complete a transaction.
5. Remember, the best way to safeguard your PIN and Password is to store them only in your memory. Don't let anyone have them or see them. They are given to you as a convenience to you. Your carelessness in keeping them any place where they can be identified and used by someone else to take money out of your accounts may expose you to loss of funds that your Credit Union will not cover.
6. Security: Avoid using ATM machines alone at night or at sites that appear to have the potential for assault or robbery. Put your money away and leave the site as soon as you have completed the transaction. Don't key your access code into the machine when someone is in a position to see the number.
|
Privacy
In the ordinary course of business regarding your EFTs, the Credit Union will disclose information to a third party about your account or the transfers you make: 1) where it is necessary for completing transfers; or 2) to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or 3) to comply with government agency or court orders; 4) if you give us your written permission, or 5) on closed accounts if we reasonably believe you mishandled your account. We will disclose information about you and your accounts to VISA USA and their agents if you have a Check Card and use the VISA Assistance Center for emergency services. We will disclose information if we believe a third party such as a credit reporting agency or other entity has a legitimate reason for wanting the information. See the Credit Union's separate Privacy Policy for more information on the Credit Union's maintenance of the privacy of membership information.
|
Change in Terms - Cancellation
1. The Credit Union may change the terms of this agreement by mailing or delivering a written notice or amended agreement to you at your last known address on our records for the account. When we change this agreement, we will give you at least 30 days' written notice. You agree that we may immediately terminate this agreement and your use of Credit Union ATM Card, Check Card, ExpressLine or Online Banking services without prior notice if any of the following occur: (a) you (or any authorized user of your ATM Card, Check Card, or PIN code) breach this or any other agreement between us (including loan agreements); (b) we have reason to believe that there has been or may be an unauthorized use of your ATM Card, Check Card, PIN code or Password; (c) there are conflicting claims to the funds; (d) you or any authorized signer on your account requests us to do so; or (e) you withdraw funds at a time when funds are not available in your Credit Union accounts accessed under this program and you do not have a Credit Union checking overdraft protection agreement in effect with available funds or credit.
2. Your ATM Card and Check Card are the property of the Credit Union and you agree to return them to us upon request.
3. If you want to change your ATM or Check Card PIN you must bring both the Card and valid identification to any Credit Union branch for re-coding. ExpressLine/Online Banking Passwords can be changed by following the instructions given by ExpressLine or Online Banking.
|
Delayed Deposits
Availability of funds deposited at ATMs may be delayed. Please refer to the "FUNDS AVAILABILITY POLICY" section of this Handbook for details. In addition, you are responsible for not attempting to use EFT devices to withdraw funds before they become available. Reference to the FUNDS AVAILABILITY POLICY will help you comply with this rule.
|
Additional Terms
1. Generally, ATMs may be accessed seven days a week; individual machines are sometimes closed temporarily for servicing.
2. Electronic Funds Transfer transactions may involve other Credit Union agreements, such as checking or loan agreements. Wherever applicable, the terms of these agreements shall apply as well.
3. If an ATM is unable to complete a transaction three times in a row, usually because of the failure to key in the proper PIN, for your protection the ATM Card or Check Card may be retained by the ATM.
4. This agreement is governed by applicable law. If any provision of this agreement is found to be unenforceable, the rest of the agreement will remain in effect.
5. When you use your ATM Card, Check Card, ExpressLine or Online Banking, you acknowledge receipt of this agreement and disclosure given to you with the card and/or PIN number and/or Password.
6 Business days are Monday through Friday. The Credit Union may be open to provide limited services on other days, but we do not consider those days "business days" as that term is used in this disclosure.
7. If your use of EFT services results in your becoming indebted to the Credit Union, and you do not pay what you owe us, you agree to pay reasonable collection costs we incur before we take legal action. If we have to take legal action to collect what you owe us, you agree to pay our reasonable attorney's fees and all costs we incur in taking the action in addition to what you owe us, whether the legal action we take is a collection lawsuit, a bankruptcy proceeding, an appeal, or another type of legal action.
8. The Credit Union can delay enforcing any of its rights under this Agreement without waiving them.
|
IN CASE OF ERRORS OR QUESTIONS
ABOUT YOUR ELECTRONIC TRANSFERS
|
|
If you think that an electronic transfer shown on your statement is wrong, or if you need more information about a transfer, contact us at the telephone number or address listed under the "HOW TO CONTACT US" section at the end of this disclosure. Please tell us all the information requested under the section entitled "WHAT TO TELL US IN CASE OF ANY ERROR OR INQUIRY."
We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the error or problem appeared. 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 notify you of the results of our investigation within ten (10) business days (twenty (20) business days for new accounts) after we hear from you and will correct any error promptly.
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 recredit your account.
We will send you a written explanation within three (3) business days after we finish our investigation, whether or not we find that we made an error. You may ask for copies of the documents that we used in our investigation.
|
|
|
|