This Agreement is the contract which covers
your and our rights and responsibilities concerning
Membership and Account(s) offered to you by Credit
Union 1 (“Credit Union”). In this
Agreement, the words “you” and “yours” mean
those who sign the Membership Application as
owners, or any authorized users. The words “we”,
“us”, and “our” mean Credit
Union 1. The word “account” means any
one or more accounts you have with the Credit Union.
By signing the Membership Application and
Master Account Agreement, each of you, jointly
and severally, agrees to the terms and conditions
in this Agreement, including the Funds Availability
Policy. In addition you agree to abide by the
Credit Union’s Bylaws and policies and
any amendments of these documents which collectively
govern your membership and account(s). You agree
that any additional accounts and services you
request in the future will be governed by this
Agreement. You may receive a copy of any of the
above documents by requesting a copy or by accessing
them online at www.creditunion1.org.
Membership
Eligibility: To be eligible for
membership in the Credit Union you must be an
individual or entity qualifying within the Credit
Union’s field of membership and must purchase
and maintain at least one share at par value
in your savings account as required by the Credit
Union’s Bylaws. You authorize us to look
at your account, credit and employment history,
and obtain a credit report from third parties,
including credit reporting agencies, to verify
your eligibility for accounts and services you
request.
Joint
Accounts: An account owned by two
or more persons is a joint account. If your account
is a joint account, the account is owned as a
joint account with rights of survivorship, meaning
that upon the death of one of the joint owners,
that person’s interest will become the
property of the surviving joint owner or owners. If
your Membership Application indicates that you
have a joint account (more than one owner) then
all sub-accounts under that account number (except
IRA’s and Certificate accounts) will be
held by the same persons.
a.Rights of Joint Account
Owners: Any joint owner is
authorized to act for the other owner(s)
and the Credit Union may accept orders
and instructions regarding the account
and requests for future services from any
joint owner. Any joint account owner may
terminate the account by withdrawing all
funds in the account and requesting that
it be closed, stop payment on items drawn
on an account, withdraw, transfer or pledge
all or any part of the shares of any account,
including funds representing a membership
share, without the consent of the other
joint account owner(s) and the Credit Union
shall have no duty to notify any other
joint owner. If the Credit Union receives
written notice of a dispute between joint
owners or receives inconsistent instructions
from them, the Credit Union may suspend
or terminate the account, require a Court
order to act, or require that all joint
owners agree in writing to any transaction
concerning the account.
b. Joint Account Owner Liability: If
any item deposited in a joint account is returned
unpaid or an account is overdrawn, each of the
joint account owners is jointly and severally
liable to the Credit Union for the amount of
the returned item or overdraft and any charges,
regardless of who created the overdraft, deposited
the item, or benefited from the transaction.
If any joint owner is indebted to the Credit
Union such that the Credit Union has a lien against
an account of that joint owner, the Credit Union
may enforce its rights against any or all funds
in the joint account regardless of who contributed
the funds to the joint account.
Payable
on Death (P.O.D.) Accounts: A payable
on Death (P.O.D.) account is an account payable
to the owners during their lifetimes, and upon
the death of the last owner, payable to the beneficiary
or beneficiaries named on your P.O.D. account
card. Upon receiving proof of the death of the
last account holder, the Credit Union will disburse
the funds to the beneficiaries listed on the
P.O.D. account card in equal proportions. If
there is no surviving P.O.D. beneficiary upon
the death of the last owner, state law will determine
ownership of the funds in the account. Any P.O.D.
beneficiary shall not apply to IRA accounts or
Certificates of Deposit, which shall be governed
by a separate beneficiary designation. The Credit
Union shall at no time have any obligation whatsoever
to notify any beneficiary of the existence of
any account or the vesting of the beneficiary’s
interest in any account, except as otherwise
provided by law.
Accounts
for Minors: For any account established
by a minor (someone under the age of 18) the
Credit Union reserves the right to require the
minor account to be a joint account with an owner
who has reached the age of majority under state
law who shall be jointly and severally liable
to the Credit Union for any returned item, overdraft,
or unpaid charges or amounts on such account.
The Credit Union may make payments of funds directly
to the minor without regard to his or her minority.
Unless a guardian or parent is an account owner,
the guardian or parent shall not have any right
to access the account.
Uniform
Transfers/Gifts to Minors Account: A
Uniform Transfers/Gifts to Minors Account (UTTMA/UGMA)
is an individual account established by a member
as a custodian on behalf of a minor. A minor
for the purpose of a UTTMA/UGMA account is
anyone under the age of 21. The custodian deposits
funds as an irrevocable gift to a minor and
must open the account in his or her name and
provide the minor’s Social Security Number
(SSN) on the account card. The minor to whom
the gift is made is the owner and beneficiary
of the account. The Custodian has possession
and control of the account for the exclusive
right and benefit of the minor, and barring
a court order otherwise, is the only party
entitled to make deposits to, withdrawals from,
or close the account. The custodian is the
only person authorized to sign on the account.
The Credit Union has no duty to inquire of
the use or purposes of any transaction by the
custodian. In the event of the custodian’s
death, resignation, or incapacity, any successor
custodian named on the account may serve, otherwise,
the Credit Union may place an administrative
hold on the account, until it receives instructions
from any person authorized to withdraw funds
or a court order authorizing such withdrawal.
The Credit Union has not provided you any tax
advice on this account and you are advised
to see a qualified tax advisor on the tax treatment
of this account.
Accounts
for Living Trusts: A living trust is an
account created by a written document under which
the grantor (person establishing the trust) transfers
his or her property into the trust. A trustee
(usually the same as the grantor) administers
the property. The grantor must be a member of
the credit union. Credit Union requires a copy
of the applicable pages of the trust document
before setting up the account.
Club
Accounts: Accounts held for an organization
or association or business purpose are subject
to the same terms set forth in this Agreement
and the following additional rules. The account
owners agree to inform the Credit Union of
the persons authorized to transact business
on behalf of the organization The Credit Union
may rely on the account owner’s representation
of authorization until such time as the Credit
Union is informed of changes in writing. Third
party checks payable to the organization may
not be cashed, but must be deposited to an
account. The agent authorized to act on behalf
of the organization has no ownership rights
to the account and no Credit Union voting rights.
Deposit
of Funds Requirements: Funds may be deposited
to any account, in any manner approved by the
Credit Union and in accordance with any instructions
that may accompany a specific sub-account. Generally,
funds may be deposited at the main facility or
any of the branches, as well as by mail, by depositing
in an ATM (Automatic Teller Machine), by ACH,
direct deposit or payroll deduction.
a. Endorsements: You
authorize the Credit Union, in its discretion,
to accept transfers, checks, drafts, and other
items for deposit into any of your accounts if
they are made payable to, or to the order of,
any one or more owners on the account, whether
or not they are endorsed by all owners/payees.
You authorize the Credit Union to supply missing
endorsements if the Credit Union chooses to supply
such endorsements. When you deposit items to
your account, you warrant that all prior endorsements
are genuine. The Credit Union reserves the right
to verify all endorsements on third party checks
presented for deposit. The Credit Union may require
that insurance, government, and certain other
checks or drafts be endorsed in person exactly
as they are made payable. Endorsements must be
placed in the space on the back of the share
draft or check between the top edge and 1-1/2
inches from the top edge. The Credit Union may
accept drafts or checks with endorsements outside
this space. However, if any such endorsement
causes any delay in processing the item for payment,
you will be responsible for any loss incurred
by the Credit Union due to the delay or error.
b. Collection of Items: The
Credit Union shall not be responsible for deposits
made by mail or at an unstaffed facility until
the Credit Union actually receives them. In handling
items for deposit or collection, the Credit Union
only acts as your agent and assumes no responsibility
beyond the exercise of ordinary care. The Credit
Union will not be liable for the negligence of
any correspondent or for loss in transit, and each
correspondent will only be liable for its own negligence.
The Credit Union reserves the right to send any
item for collection.
c. Final Payment: All
noncash deposits or ACH (Automated Clearing House)
transfers to your account are provisional and subject
to our receipt of final payment. If final payment
is not received, we reserve the right to charge
your account for the amount of those deposits and
impose a return deposit charge on your account.
After we have received final payment, we refer
to these deposits as collected items. If the Credit
Union incurs any fee to collect your deposit item,
the Credit Union may charge such fee to your account.
The Credit Union reserves the right to refuse or
to return all or a part of a deposit or to close
your account. The Credit Union shall have the right
to charge back against your account all previously
deposited items or other items endorsed by you
that are returned to the Credit Union unpaid, regardless
of whether the amount of the item has been available
for your use.
d. Direct Deposit: The
Credit Union may offer direct deposit options allowing
you to preauthorize deposits (i.e., payroll checks,
Social Security or retirement checks, or other
government checks) or preauthorize transfers from
other accounts at the Credit Union. You must authorize
any direct deposits to your accounts by a separate
authorization form. If applicable, you must notify
the Credit Union at least 30 days prior to the
cancellation of any direct deposit or preauthorized
transfer. Upon filing of bankruptcy, you must instruct
your employer to cancel any direct deposit authorizations.
If you fail to notify your employer or the Credit
Union, the Credit Union will continue to accept
and apply direct deposits in accordance with your
authorizations on file with the Credit Union.
e. Crediting of Deposits: Unless
otherwise stated in the Funds Availability Policy
below, deposits received at our offices on business
days before closing time will be credited to your
account as of the day of the deposit. Deposits
made on Sundays and Credit Union holidays will
be credited to your account on the next business
day. Deposits received at unstaffed teller locations
such as night depositories will be credited on
the day funds are removed and processed by the
Credit Union. Items drawn on an institution located
outside the United States are handled on a collection
basis only and amounts will be credited to your
account when we receive final payment. You waive
any notice of nonpayment, dishonor or protest regarding
any items received by Credit Union for credit to
your account or for collection.
Truth-in-Savings
(TIS) Disclosures: The Credit Union’s
payment of dividends on share accounts is subject
to the following:
a. Rate Information:The
Dividend Rate and Annual Percentage Yield (APY)
on your savings, money market accounts, and Certificate
Accounts (C.D.’s and IRA’s), and any
other applicable accounts are set forth on the
Rate Schedule or any rate sheet that may accompany
a specific account. The Dividend Rate and Annual
Percentage Yield for these accounts may change
as determined by the Credit Union Board of Directors
or as specified on the Certificate itself in the
case of Certificate Accounts. The Board of Directors
declares dividends based on current income and
available earnings of the Credit Union after providing
for the required reserves at the end of the month.
The stated Dividend Rate and Annual Percentage
Yield reflect the earnings the Credit Union anticipates
having available for distribution. The Dividend
Rate and Annual Percentage Yield are not guaranteed
except on Certificate Accounts.
b. Compounding and Crediting: Dividends
on your primary savings account are caculated daily
and are paid and compounded monthly on balances
greater than $50.00. Once your savings account
reaches a balance of $50.00 you are paid dividends
on the entire amount. Dividend rates are subject
to change each dividend period. Shares earn dividends
from the date of deposit to the date of withdrawal.
If you close your accounts before the end of the
dividend period, you may not receive the accrued
dividends for that period. The frequency with which
dividends will be compounded and credited to your
other accounts are set forth in the Rate Schedule.
c. Balance Requirements: Any
minimum balance requirement to open an account,
avoid the imposition of a fee and obtain the
disclosed Annual Percentage Yield for savings,
money market, applicable checking accounts and
certificate accounts are set forth on the Rate
Schedule or the Fee Schedule. Both schedules
are available on our web site at www.creditunion1.org,
through 1-Touch audio or at any branch. You may
also call the Credit Union and request those
schedules be sent to you. Where applicable, if
your accounts falls below the minimum daily balance,
your account may not earn dividends. Dividends
are calculated by the daily balance method which
applies a daily periodic rate to the balance
in the account each day.
d. Fees and Charges: The
Credit Union may charge you fees for accounts and
services provided by the Credit Union. These fees
and charges are set forth on the aforementioned
Fee Schedule. You agree that the Credit Union may
change the Fee Schedule at any time and you will
be notified of such changes as required by law.
e.Transaction Limitations:
1.Savings
Account:
If you make more than four transfers
from your savings account to your checking
account or more than three withdrawals from
your savings account excluding ATM withdrawals
during any calendar month you will be assessed
a fee in accordance with the Fee Schedule.
2. Money Market Account/Savings Accounts:
During any calendar month,you may not
make more than six withdrawals or transfers
to another Credit Union account of yours or
to a third party by means of a preauthorized
or automatic transfer or telephone order or
instruction. A preauthorized transfer includes
any arrangement with the Credit Union to pay
a third party from the member’s account
upon oral or written orders including orders
received through the automated clearing house
(ACH). No more than three of the six transfers
may be made by check, draft, debit card, if
applicable, or similar order to a third party.
There is no limit on the number of transactions
you may make in the following manner: (i) transfers
to any loan account with the Credit Union;
or (ii) withdrawals (checks mailed directly
to you) when such withdrawal is initiated in
person, by mail, or at an ATM. If a transfer
request would exceed the transfer limitations
set forth above in any calendar month, the
Credit Union may refuse or reverse the transfer,
and your account will be subject to suspension
or closure by the Credit Union, and the Credit
Union may impose a fee, which is set forth
on the Fee Schedule.
f. Features of Share Certificate
Accounts:The
dividend rate and minimum required to open
the account, to avoid the imposition of a
fee and to obtain the annual percentage yield
disclosed on your share certificate account
is listed on the Rate and Fee Schedules and
on the Certificate itself. The rate and APY
stated in the Rate Schedule are the rate
and APY that were offered within the most
recent seven calendar days and were accurate
as of the date you received the Rate and
Fee Schedules. Please call the Credit Union
at 800-252-6950, to obtain current rate information.
You will be paid this rate until the maturity
date of your Certificate. The APY stated
assumes that funds will be left in the account
until maturity. A penalty may be imposed
for withdrawals before maturity. Your Certificate
Account will automatically renew unless you
notify the Credit Union otherwise. You will
be notified of the maturity date within 10
days of that date. You will be notified of
any change in terms as required by law.
g. Nature of Dividends: Dividends
on accounts other than Share Certificate Accounts
are paid from current income and available earnings
after required transfers to reserves at the end
of the dividend period.
Account
Access:
a. Authorized Signature: In
order to access any account, the Credit Union
must have an authorized signature of yours on
a Membership Application. Credit Union 1 is authorized
to recognize your signature, but will not be
liable for refusing to honor any item or instruction
of yours if it believes in good faith that the
signature on such item or instruction is not
genuine. If you have authorized the use of a
facsimile signature, the Credit Union may honor
any draft that appears to bear your facsimile
signature even if it was made by an unauthorized
person. If you give your account number to a
third person, you authorize us to honor transactions
initiated by the third person even if you did
not specifically authorize a particular transaction.
b. ACH & Wire Transfers: You
may initiate or receive credits or debits to
your account via wire transfer or ACH transfer.
You agree that if you receive funds by a wire
or ACH transfer, the Credit Union is not required
to notify you at the time the funds are received.
Instead, the transfer will be shown on your
periodic statement. You may initiate a wire
transfer either in person or by phone by calling
1-800-252-6950. In some cases, we may require
you to come into a branch to initiate the wire
transfer in person. The Credit Union may provisionally
credit your account for an ACH transfer before
it receives final settlement for the transfer.
You agree that if the Credit Union does not
receive final settlement for an ACH transfer,
we may reverse the provisional credit to your
account or you will refund the amount to the
Credit Union. When you initiate a wire transfer,
you may identify either the recipient or any
financial institution by name and by account
or identifying number. The Credit Union (and
other institutions) may rely on the account
or other identifying number as the proper identification,
even if it identifies a different party or
institution. Wire transfers are governed by
Federal Reserve Regulation J if the transfer
is cleared through the Federal Reserve. ACH
transactions are governed by the rules of the
National Automated Clearing House Association
and both may be subject to Article 4 of the
UCC.
c. Examination of Signature: The
Credit Union may disregard information on any
draft or check other than the signature of the
drawer, amount of the item and any magnetic encoded
information. You agree the Credit Union does
not fail to exercise ordinary care in paying
an item solely because its procedures do not
provide for sight examination of items.
d. Transactions by Mail: Except
as otherwise provided in this Agreement, the
Credit Union may permit you to make deposits,
transfers, and withdrawals by mail. Transfers
and withdrawals by mail will require a signed
written request by you. Such transactions will
be posted to your account as of the day the transaction
is processed at the Credit Union.
e. Transactions via Automatic
Teller Machine (ATM): You can
request a cash card (debit card) to be used
at ATM’s. Transactions through an ATM
are governed by Regulation E (Electronic
Fund Transfers), which is printed elsewhere
in this brochure.
f. Transactions via 1-Touch
Access: 1-Touch allows you
access to your account(s) 24 hours a day,
seven days a week by dialing 800-252-6950
on a touch-tone phone. You must have a personal
identification number (P.I.N.) to participate
in 1-Touch transactions. You will receive
a Personal Identification Number (PIN) with
your welcome packet or you may call the credit
union for information.
g. Transactions via Personal
Computer: You may also access
your account via Home Banking on the Internet.
To do this you must contact our Member Service
Department for an application or receive
one online through our Web Site at www.creditunion1.org.
h. Withdrawal Restrictions: The
Credit Union is required to permit a withdrawal
only if you have sufficient available funds in
your account to cover the full amount of the withdrawal
or have an established overdraft protection plan.
Checks or other transfer or payment orders which
are drawn against insufficient available funds
will be subject to a service charge, set forth
in the Rate and Fee Schedule. If there are sufficient
available funds to cover some but not all of your
withdrawal orders, the Credit Union may allow those
withdrawals for which there are sufficient available
funds in any order at the Credit Union’s
discretion.
i. Check Printing Information: If
you do not order your checks from Credit Union
1 and they are incorrectly printed, we are not
liable for any fees that you may incur. Incorrectly
printed checks will cause your checks to be returned “unidentified
account”. When ordering your checks from
a source other than Credit Union 1, you are at
risk of having those checks printed with incorrect
account information. In addition, checks must be
printed in the range of 101- 7999 ONLY.
If you are using a source other than Credit Union
1 to print your checks, please contact our Member
Service Department to receive the correct account
information. The Credit Union may also refuse to
allow a withdrawal in other cases; for example:
any dispute between the owners about the account
(unless a court has ordered the Credit Union to
allow the withdrawal); a legal garnishment or attachment
is served; the account has been pledged as collateral
for a debt to the Credit Union; any required documentation
has not been presented; or you fail to repay a
Credit Union loan on time. You will be advised
of the reasons for refusal if such action is taken.
Any garnishment is subject to the Credit Union’s
lien or security interest in an account. The Credit
Union reserves the right to require members to
give notice in writing of any intended withdrawals
from any account (except checking) of not fewer
than 7 days and up to 60 days in accordance with
applicable law before such withdrawal.
Overdrafts:
a. Overdraft Liability: If
on any day, the available funds in your checking
account are not sufficient to cover checks and
other debit transactions posted to your account,
those checks and items will be handled in accordance
with our overdraft procedures or an overdraft protection
plan you have with us. The Credit Union’s
determination of an insufficient account balance
may be made at any time between presentation and
the Credit Union’s midnight deadline with
only one review of the account required. The Credit
Union has no duty to notify you of an insufficient
funds check or item. Your account will then be
subject to a charge for the item whether paid or
returned as set forth in the Rate and Fee Schedule.
Except as otherwise agreed in writing, the Credit
Union, by covering one or any overdraft, does not
agree to cover overdrafts in the future and may
discontinue covering overdrafts at any time.
If the Credit Union pays a draft that would otherwise
overdraw your account, you agree to pay the overdraft
amount immediately. We reserve the right to pursue
collection of previously dishonored items at any
time, including giving a payor bank extra time
beyond any midnight deadline limits.
b. Overdraft Protection Plan: If
we have approved an overdraft protection plan for
you, we will honor checks and other transaction
items drawn on insufficient funds in your checking
account by initiating a transfer of the necessary
funds from an overdraft line of credit or another
deposit account of yours to your checking account.
We will transfer funds to your checking account
from an overdraft line of credit or savings account
in the order you have directed. Transfers from
a share account will be governed by this Agreement.
Transfers from an overdraft line of credit account
will be governed by your Loan Agreement.
Postdated
and Stale Dated Items:
If you date a check later than the date you write
it and the item is presented for payment before
its date, the Credit Union may return it unpaid
or pay the item. The Credit Union will not be responsible
for paying the item before the date stated and
the Credit Union may charge your account as of
the date the Credit Union pays the item. You also
agree not to deposit checks, drafts, or other items
before they are properly payable.
Stop
Payment Orders:
a. Stop Payment Request: You
may, upon timely and proper request, ask the Credit
Union to stop payment on any check or other payment
order drawn upon your checking account including
preauthorized debits and ACH payments. You may
request a stop payment by telephone, by mail, or
by appearing in person. The stop payment will be
effective if the Credit Union received the order
in time for the Credit Union to act upon the order
and you state the number of the account, date and
number of the item, its exact amount, and to whom
it was issued. If you give the Credit Union incorrect
or incomplete information, the Credit Union will
not be responsible for failing to stop payment
on the item. If the stop payment order is not received
in time for the Credit Union to act upon the order,
the Credit Union will not be liable to you or to
any other party for payment of the item. If we
recredit your account after paying a check or other
transaction item over a valid and timely stop payment
order, you agree to sign a statement describing
the dispute with the payee, to transfer to the
Credit Union all of your rights against the payee
or other holders of the draft, and to assist the
Credit Union in legal action taken against the
person.
b. Duration of Order: Verbal
stop payment orders remain in effect for fourteen
(14) days. Written stop payment orders are in
effect for six (6) months. Lost and stolen checks
will require you to fill out an affidavit and
this stop payment order will be in effect indefinitely
or until you notify us otherwise.
c. Liability: The Credit
Union may charge a fee for each stop payment order
requested as set forth in the Rate and Fee Schedule.
You may not stop payment on any certified check
or draft, cashier’s check or any other check,
draft or payment guaranteed by you or the Credit
Union. You can stop payment on any other checks
or drafts that the Credit Union issues on your
behalf at the Credit Union’s sole discretion.
You should be aware that while payment of the item
may be stopped, you may remain liable to any person
including the Credit Union, who is a holder of
the item, despite the stop payment order.
Lost
Items: The Credit Union, in receiving
items from you for withdrawal or deposit, acts
only as your agent and reserves the right to
reverse the credit for any deposited items or
to charge your account for the items should they
become lost in the collection process.
Credit
Union’s Liability for Errors: If
the Credit Union does not properly complete a
transaction according to this Agreement, the
Credit Union will be liable for your losses or
damages not to exceed the amount of the transaction.
The Credit Union will not be liable if: (a) through
no fault of the Credit Union, your account does
not contain enough money to make the transaction;
(b) circumstances beyond the Credit Union’s
control prevent normal processing of the transaction
(i.e. the Credit Union’s computer system
is not operating; (c) your loss is caused by
the negligence of another financial institution;
or (d) the money in your account is subject to
legal process or other claim. In no event will
the Credit Union be liable for consequential
damages.
Credit
Union Lien: The Credit Union will have
a lien on any of the funds in any account in
which you have an ownership interest at the Credit
Union, regardless of the source of the funds.
The Credit Union may apply the funds on which
it has a lien to pay off your indebtedness as
a borrower, guarantor, or endorser to the Credit
Union. If the Credit Union chooses not to enforce
its lien, the Credit Union does not waive its
right to enforce the lien at a later time.
Our right to repayment arising under this section
does not apply to this account if: (a) it is
an Individual Retirement Account or other tax-deferred
retirement account, or (b) the debt is created
by a consumer credit transaction under a credit
card plan (but this does not affect our rights
under any consensual security interest), or (c)
the debtor’s right of withdrawal arises
only in a representative capacity. We will not
be liable for the dishonor of any check or draft
when the dishonor occurs because we charge and
deduct an amount you owe us from your account.
You agree to hold us harmless from any claim
arising as a result of our exercise of our right
to repayment.
Account
Information: Upon your request, the Credit
Union will inform you of the name and address
of each credit reporting agency from which the
Credit Union obtains a credit report and to which
it reports credit information in connection with
your account. The Credit Union agrees not to
disclose information to third parties about your
account regarding any transaction or balances
except when: (1) it is necessary to complete
the transaction; (2) the third party seeks to
verify the existence or condition of your account
in accordance with the Fair Credit Reporting
Act or other applicable laws and regulations;
(3) such disclosure is in compliance with the
law, government agencies or court orders; or
(4) you give us your written permission.
Notices:
a. Name or Address Changes: It
is your responsibility to notify the Credit Union
upon a change of address or change of name. The
Credit Union is required to honor items drawn only
upon the name as listed on the account and to attempt
to communicate with you only at the most recent
address you have provided to the Credit Union.
The Credit Union may require any notice of change
in address to be made in person or in writing and
may require any other notice from you to the Credit
Union be provided in writing to a branch manager
or officer of the Credit Union.
b. Notice of Amendments: Except
as otherwise prohibited by applicable law, the
terms of this Agreement and all fees and other
agreements provided to you in connection with
this account are subject to change at any time.
If required by law, the Credit Union will notify
you of any changes in terms, rates, or fees at
such time as is required by law. To the extent
permitted by law, amendments will be effective
upon posting of the amendments in the branch
office or upon delivery of notice to the last
address which you have specified for this account.
If notice is given by mail, you agree only one
notice is necessary in the case of a joint account.
You agree that oral instructions are binding
and agree to hold the Credit Union harmless from
any liability arising as a result of such instructions.
Taxpayer
Identification Numbers (TINS) and Backup Withholding: The
Credit Union is required by law to withhold and
pay to the Internal Revenue Service (IRS) a percentage
of payments of interest, dividends and certain
other payments under certain conditions. This
is called backup withholding. Your failure to
furnish a correct taxpayer identification number,
social security number or meet other applicable
requirements may result in backup withholding
as well as civil or criminal penalties. If you
refuse to provide your TIN, the Credit Union
may suspend your account privileges. The Credit
Union provided you with the required TIN and
backup withholding certification and instructions
at the time you established your account.
Periodic
Statements: You will receive a statement
for any month that you have activity in your
checking account or an electronic transaction
on your account. If you do not have a checking
account and there are no electronic transactions
on your account, you will receive a quarterly
statement of your account activity. You
are responsible for examining each statement
and reporting any irregularities to us. We
will not be responsible for any forged, altered,
unauthorized or unsigned items drawn on your
account if you fail to notify us within sixty
(60) days from the time your statement is mailed
to you.
You may also choose to have your periodic statement
sent to you via your personal computer. If you
have elected to receive your periodic statement
on line you also elect not to have your periodic
statement sent to you through the mail. For checking
accounts, you understand and agree that, when paid,
your original draft becomes property of the Credit
Union and may not be returned to you, but copies
may be retained by the processor and made available
upon your request for a fee.
Termination
of Account: The Credit Union may terminate
your account at any time without notice to
you or may require you to close your account
and apply for a new account if (1) there is
a change in owners or authorized signers; (2)
there has been a forgery or fraud reported
or committed involving your account; (3) there
is a dispute as to the ownership of the funds
in the account; (4) any account checks are
lost or stolen; (5) there are excessive returned
unpaid items not covered by an overdraft protection
plan; or (6) there has been any misrepresentation
or any other abuse of any of your accounts.
The Credit Union is not responsible for payment
of any check, withdrawal, or other item once
your account is terminated.
Inactive
and Abandoned Accounts: If there has been
no activity on your account and the Credit Union
has had no other contact with you for five (5)
years as required by the Uniform Unclaimed Property
Act, the account will be presumed to be abandoned.
Funds in abandoned accounts will be remitted
in accordance with state law. Once funds have
been turned over to the state, the Credit Union
has no further liability to you for such funds,
and if you choose to reclaim such funds, you
must apply to the appropriate state agency.
Death
of a Member: Upon the death of a member,
funds in the account shall be payable to joint
owners, or others in accordance with applicable
state law. The Credit Union may require the
survivor or other claimant to the account to
produce certain documents before releasing
the funds in the account. The Credit Union
may continue to honor all transfers, withdrawals,
deposits and other transactions on the account
until the Credit Union learns of the member’s
death and may pay checks or honor other payments
or transfers authorized by the deceased member
for a period of ten (10) days after receiving
that notice. Funds may not be released until
any or all outstanding debts of the member
are satisfied, including Social Security Reclamation,
Pension Reclamation or outstanding loans.
MEMBER EXPULSION
POLICY
The Credit Union, in the interest of protecting
the assets of the Credit Union and maximizing dividends
to members, has adopted the following policy. This
policy provides for expulsion of members who cause
a loss to the Credit Union. Expulsion may result,
upon board action, in the situations described
below.
Expulsion
Criteria: The following member-caused
losses may subject the member to expulsion
action by board.
1. Member’s failure to pay amounts due
under a loan. “Amounts due” includes,
without limitation: principal; interest; fees and
charges; financed insurance premiums; collection
agency charges or attorney’s fees incurred
in collecting amounts due under a note or guarantee,
in repossessing and liquidating collateral under
a security agreement, or in obtaining a deficiency
judgment. A member who files for bankruptcy, but
signs an enforceable reaffirmation agreement or
otherwise voluntarily makes arrangements to repay
all amounts due, will remain eligible for membership.
2. Member’s failure to provide collected
funds to cover share account withdrawals or to
cover personal share drafts.
3. Member’s failure to provide collected
funds to cover Credit Union drafts purchased by
the member.
4. Member’s failure to pay fees or charges
due the Credit Union for any reason.
5. Notwithstanding the foregoing, a member who
has caused a loss (due to bankruptcy), but, in
the sole discretion of the management of the Credit
Union, establishes that the loss was unavoidable
and the result of extraordinary hardship resulting
from loss of job, serious family illness, dissolution
of marriage, or death in the immediate family will
remain eligible for membership.
ELECTRONIC FUND
TRANSFER (EFT) YOUR RIGHTS AND RESPONSIBILITIES
This disclosure is designed to give you information
concerning your share account(s) that may utilize
Electronic Fund Transfers (EFTs). This agreement
covers your DEBIT CARD which includes your Visa
Check Card (VCC) and your ATM card and PERSONAL
IDENTIFICATION NUMBER (PIN). The use of your DEBIT
CARD is subject to the following terms and conditions:
Debit
Card: The debit card is the property of
the Credit Union and is subject to revocation
at any time. It must be returned to us by you
whenever we request. You agree that the debit
card issued to you may be impounded automatically
by the Credit Union at any time by an automated
terminal. You agree that you will be the only
one to use the debit card issued to you and that
you will not divulge, give, or make available
to any other person, even Credit Union employees,
your personal identification number (PIN) either
directly or indirectly at any time.
Personal
Identification Number (PIN): The Credit
Union will issue to you a personal identification
number to be used with your debit card. You agree
not to write your personal identification number
on your debit card and not carry your personal
identification number with you at the same time
as you carry your debit card. You agree to use
your best efforts to commit your personal identification
number to memory. Release of your personal identification
number to unauthorized parties will result in
the revocation of your card privileges.
Authorization: We
will treat each transaction made at any automated
terminal involving your debit card and your personal
identification number as having been made or
authorized by you. If the account to which the
debit card relates is a joint account, all those
transactions will be binding on all parties to
the account.
Withdrawals: You
agree that you will not use your debit card to
withdraw amounts of money in excess of your balance(s).
If you have a credit card account and/or a pre-authorized
line of credit, you agree not to withdraw amounts
of money in excess of your then available pre-authorized
credit limit(s), you hereby agree to authorize
the Credit Union to debit any of your accounts
not so overdrawn and thereby cover your unauthorized
withdrawal.
You agree that you will not use your ATM, Debit
Card or Credit Card for illegal transactions. You
may not use these cards for gambling online.
Receipts: Cash
withdrawals made with your debit card shall be
evidenced by a document created electronically
at the time of the withdrawal and you agree that
any such cash withdrawal shall constitute a valid
charge against your account.
Deposits: If
there is a discrepancy between the amount received
at an automated terminal for your deposit and the
amount you state as being the amount placed in
the deposit envelope, we will credit you with the
amount found in the deposit envelope. Recent deposits
may not appear in response to your balance inquiry
and may not be available for withdrawal through
an automated terminal until verification has been
complete.
Cancellation: You
shall have the right to cancel your debit card
and personal identification number at any time
upon giving us written notice of such intention
and by returning to us your debit card.
Service
Fees: By application and/or use of the
debit card, you shall be subject to service
fees in accordance with the Rate and Fee Schedule
adopted by the Credit Union. Fees will not
be refunded due to cancellation or other reasons.
Related
Accounts: This agreement will be subject
to the agreement and rules and regulations covering
the account(s) to which your debit card relates.
Continued
Effectiveness: If any of the terms of
this agreement are determined by a governmental
authority to be ineffective, the rest will continue
in effect. A waiver of the Credit Union of any
of these conditions on any occasions will not
constitute a waiver of the same or any other
terms and conditions on any other occasion.
Lost/Stolen
Card: If you determine your debit card
is lost or stolen at any time, report this immediately
to the Credit Union and file a police report
to record the unlawful use of your card.
Your
Liability for Unauthorized Transfers:
Tell us AT ONCE if you believe your Visa check
card or your ATM card has been lost or stolen.
Telephoning is the best way of keeping your possible
losses down. You could lose all the money in your
account (plus your maximum overdraft line of credit,
if you have one).
If your Visa Check Card or Visa Credit Card is
lost or stolen, your liability for unauthorized
Visa transactions with the card, other than transactions
at an ATM, is zero ($0).
If we determine that you have been grossly
negligent or fraudulent in the handling of your
account or cards, or if the unauthorized use
involves your ATM card or use of your Visa Check
Card or Visa Credit Card at an ATM machine, the
following will apply: If you believe your cards
have been lost or stolen and you tell us within
two business days after you learn of the loss
or theft, you can lose no more than $50 if someone
used your card without your permission. If you
do not tell us within two business days after
you learn of the loss or theft of your card and
we can prove we could have stopped someone from
using your card without your permission if you
had told us, you could lose as much as $500.
Also, if your statement shows transfers that
you did not make, tell us at once. If you do not
tell us within 60 days after the statement was
mailed to you, you may not get back any money you
lost after the 60 days if we can prove that we
could have stopped someone from taking the money
if you had told us in time. If a good reason (such
as a long trip or a hospital stay) kept you from
telling us, we will extend the time periods.
Credit
Union Telephone Number and Address: If
you believe your debit card and/or personal identification
number has been lost or stolen or that someone
has transferred or may transfer money from your
account(s) without your permission, call the
Credit Union at 800-252-6950 or write to:
Credit Union 1
P.O. Box 100
Rantoul, IL 61866
BUSINESS DAYS:
Our business days and hours are:
Monday through Friday 8:30 a.m. to 5:00
p.m.
Holidays are not included.
Our
Electronic Fund Transfer Services: We
are providing or can provide you with the following
electronic fund transfer services.
a. Debit Card: If you
have a debit card, you may use it to: