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SELCO Community Credit Union
Membership and Account
Agreement
Table of Contents
I. Membership Eligibility
II. Account Ownership
1. Individual Accounts
2. Joint Accounts
3. POD/Trust Beneficiaries
4. Accounts for Minors
5. Accounts for Trusts
6. Uniform Transfers to Minor Accounts
7. Accounts of Businesses and Organizations
8. Revocable Non-Testamentary Trust Account
9. Life Savings Insurance
10. Deposit Requirements
11. Account Access
12. Account Rates and Fees
13. Transaction Limitations
14. Overdrafts
15. Postdated and Staledated Items
16. Stop Payment Orders
17. Lost Items
18. Credit Union's Liability for Errors
19. Credit Union Lien and Security Interest
20. Legal Process
21. Notices
22. Taxpayer Identification Numbers (TIN) and Backup Withholding
23. Statements
24. Dormant and Abandoned Accounts
25. Death of Account Owner
26. Termination of Account
27. Termination of Membership
28. Special Account Instructions
29. Severability
30. Governing Law
III. Funds Availability Policy
1. General Policy
2. Reservation of Right to Hold
3. Longer Delays May Apply
4. Special Rules for New Accounts
5. Deposits at Automated Teller Machines
IV. Electronic Funds Transfers
1. Services
2. Service Limitations
3. Conditions of Card Use.
4. Member Liability
5. Business Days
6. Fees and Charges
7. Right to Receive Documentation of Transfers
8. Account Information Disclosure
9. Credit Union Liability for Failure to Make Transfers
10. Termination of Electronic Fund Transfer services
11. Notices
12. Billing Errors
13. ATM Safety Notice
V. Check Card Agreement
SELCO Community Credit Union
Membership and Account
Agreement
This Agreement is the contract of deposit that covers your and our rights and responsibilities concerning Membership and Account(s) offered to you. In this Agreement, the words "you" and "yours" mean those who sign the Membership and Account Card ("Account Card"). The words "we", "us", and "our" mean the SELCO Community Credit Union ("Credit Union"). The word "account" means any one or more share or deposit accounts you have with the Credit Union.
The classification and form of ownership of your accounts are designated on your Account Card. By signing the Account Card that is a part of the Agreement, each of you, jointly and severally, agree to the terms and conditions in this Agreement, including the Funds Availability Policy, Electronic Funds Transfer Agreement, and the Truth-in Savings Disclosures (Rate and Fee Schedule) accompanying this Agreement, any account receipt, the Credit Union's Bylaws and policies, and any amendments which collectively govern your Membership and Accounts. You agree that additional accounts and services you request in the future will be governed by this Agreement, as amended from time to time.
I. 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 (1) share (the Membership Share Account) as required by the Credit Union's Bylaws. Two members can designate one account for the purposes of establishing a membership share account for each individual (dual membership). Dual Membership Accounts are joint accounts. You authorize us to check your account, credit and employment history, and obtain a credit report from third parties, including credit reporting agencies, to verify your eligibility for membership and the accounts and services you request.
II. Account Ownership
1. Individual Accounts . An individual account is an account owned by one person who is qualified for Credit Union membership. The interest of a deceased individual owner will pass, subject to applicable law, to the decedent's estate or payable on death ("POD") beneficiary, if applicable.
2. Joint Accounts . An account owned by two or more persons is a joint account.
a. Rights of Survivorship . If your account is a joint account, the account is owned as a joint account with rights of survivorship unless otherwise stated on the Account Card. If the account is a joint account with right of survivorship, upon the death of one of the joint account owners, that person's interest will become the property of the surviving joint account owners. Upon death of all joint account owners, the account becomes payable to the (POD) beneficiary, if applicable. If the account is a joint account without right of survivorship, the interest of a deceased owner will pass to the decedent's estate.
b. Rights of Joint Account Owners . Any joint account owner is authorized and deemed 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 other account owner. Each account owner guarantees the signature of the other owners. Any account owner may withdraw all funds in the account, stop payment on items drawn on the account, withdraw, or pledge all or any part of the shares of the account, including funds representing a membership share, without the consent of the other account owner(s) and the Credit Union shall have no duty to notify any other joint account owner(s). If the Credit Union receives written notice of a dispute between account 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 account owners agree in writing to any transaction concerning the account.
c. Joint Account Owner Liability . If any item deposited in a joint account is returned unpaid or the account is overdrawn, or if we do not receive final payment on any transaction, each of the account owners is jointly and severally liable to the Credit Union for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who created the overdraft, deposited or cashed the item, or benefited from the transaction. If any account owner is indebted to the Credit Union, 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.
3. Payable on Death/Trust Beneficiaries . A Payable on Death (POD) designation is an instruction to the Credit Union that a designated account is an account payable to the owner or owners during their lifetimes, and upon the death of the last joint account owner, payable to any named and surviving POD beneficiary designated on your Account Card. Accounts payable to more than one POD beneficiary are owned jointly by such beneficiaries with right of survivorship. Any beneficiary designation shall not apply to IRA, Deferred Compensation Accounts or Life Savings Insurance accounts, which shall be governed by a separate beneficiary designation. The Credit Union shall at no time have any obligation 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.
4. Accounts for Minors . For checking accounts established by or for a minor, the minor account owner must have a joint account owner who is at least eighteen (18) years of age who shall be jointly and severally liable to the Credit Union for any returned item, overdraft, or unpaid charges or amounts on such account. For a joint account, all funds in the account shall be owned as a joint account with rights of survivorship unless otherwise indicated on the Account Card. The Credit union may make payments of funds directly to the minor without regard to his or her minority. Unless guardian is a joint account owner, the guardian shall not have any right to access the account. The Credit Union has no duty to inquire of the use or purpose of any transaction by the minor or joint account owner. The minor account owner's tax identification number must be shown on the Card. The Credit Union shall not change the account status when the minor reaches age eighteen (18), unless authorized in writing by all account owners.
5. Accounts for Trusts . An account for a trust is an account held in the name of the trust by one or more trustees of a trust for the benefit of one or more beneficiaries pursuant to a revocable or irrevocable trust agreement. The trustee(s) shall sign an Account Authorization Card and provide any other evidence of the trustee's authority that the Credit Union requires. Trustee(s) warrants that a valid living trust has been created and is currently existing. The trustor or the primary beneficiary of an irrevocable trust must be eligible for membership in the Credit Union. The trustor of a revocable trust must be eligible for membership in the Credit Union. The Credit Union does not act as a trustee and is under no obligation to inquire as to the powers or duties of the trustee(s). Trustee agrees to notify the Credit Union in writing if a change of trustee occurs. Credit Union may withhold payment of funds to any party until proper evidence of authority is provided. Credit Union may rely upon the directions of any one trustee until a written notice of revocation of the living trust or an Account Change form is received. Funds may be released to any one trustee acting alone or with a co-trustee. The trustee(s) agrees to indemnify and hold Credit Union harmless of any liability, claim, damage, or loss arising as a result of unauthorized acts of any trustee or former trustee or acts of any trustee upon which Credit Union relies prior to notice of revocation of the trust. This Agreement shall be binding on the trust, any trustee, successor trustee, and beneficiaries.
6. Uniform Transfers to Minor Accounts . A Uniform Transfer to Minor Account (UTTMA) is an individual account established by a member as a custodian on behalf of a minor (a person under twenty-one (21) years of age). The minor must be eligible for membership in the Credit Union. The custodian shall open the account in the name of the minor, include the minor's Social Security number, and must sign his or her own name on the Account Card. The custodian is the owner 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. In the event of the custodian's death, the Credit Union may place an administrative hold on the account until it receives instructions from any person authorized by law to withdraw funds or a court order authorizing such withdrawal.
7. Business Accounts . For complete information, please refer to SELCO's Member Business Services Account Agreement.
8. Revocable Non-Testamentary Trust Accounts. A revocable non-testamentary trust designation is an instruction to the Credit Union that a designated account is an account payable to the owner(s) during their lifetimes or until the named beneficiary reaches an age designated by the owner(s). The account becomes payable to the named beneficiary when the beneficiary reaches the age designated on the Account Card, or upon the death of the last joint account owner, based on the Account Card designation. The Credit Union shall at no time have any obligation 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.
9. Life Savings Insurance . If life savings insurance is carried in connection with this account, the account owner or owners who are insured agree that any insurance proceeds payable on this account shall be paid first to the Credit Union for any outstanding obligations of the account owner or owners and the remainder shall be paid to the designated life savings beneficiaries.
10. Deposit Requirements . Funds may be deposited to any account in any manner approved by the Credit Union in accordance with the requirements set forth on the Rate and Fee Schedule. All accounts are nonassignable and nonnegotiable to third parties. Certificate of Deposit accounts are governed by the terms of this Agreement and the terms and disclosures on your Certificate of Deposit Receipt for each account, which are incorporated herein by this reference.
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, whether or not they are endorsed by all payees. You authorize the Credit Union to supply missing endorsements if the Credit Union chooses to supply such endorsements. The Credit Union reserves the right to verify all endorsements on third party checks presented for deposit either in person or by comparison with member signature files. If an insurance, government, and certain other checks or drafts require an endorsement as set forth on the back of the check, the Credit Union may require endorsement as set forth on the check. Endorsements must be placed in the space on the back of the 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 or other markings you or any prior endorser make on the check cause any delay or error 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 default or 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 items or Automated Clearing House ("ACH") transfers credited 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 items or ACH transfers and impose a return 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 any item, the Credit Union may charge such fee to your account. The Credit Union reserves the right to refuse or to return all or any item or funds transfer. 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 Deposits . 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 thirty (30) days prior to any direct deposit or preauthorized transfer if you wish to cancel or change the direct deposit or direct transfer option. Upon a filing of a bankruptcy, if you fail to cancel any direct deposit authorization, you instruct your employer and the Credit Union to make and apply direct deposits in accordance with your authorization on file with the Credit Union. If the Credit Union is required to reimburse a government agency for any benefit payment directly deposited into your account for any reason, you agree the Credit Union may deduct the amount returned from any of your accounts, unless prohibited by law.
e. Crediting of Deposits . Deposits made on Sundays and Credit Union holidays will be credited to your account on the next business day. Ask for our current deposit cutoff time. Deposits received at unstaffed facilities, such as night depositories, will be credited on the day funds are removed and processed by the Credit Union. Items drawn from an institution located outside the United States are handled on a collection basis only. Amounts will be credited to your account when we receive final payment. You waive any notice of nonpayment, dishonor, or protest regarding any items purchased or received by the Credit Union for credit to your account or for collection.
11. Account Access .
a. Authorized Signature . In order to access any account, the Credit Union must have an authorized signature of yours on an Account Card. The Credit Union is authorized to compare your signature with the signature on the Account Card, 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. Access Options . You may make withdrawals or transfers from your account in any manner which is permitted by the Credit Union (i.e., check, automated teller machines (ATMs), debit card, Personal Branch, in person, by mail, automatic transfer, or telephone). If the Credit Union accepts any draft that is not drawn on a form provided by the Credit Union, you will be responsible for any loss incurred by the Credit Union for handling the draft. The Credit Union may return as unpaid any check that is not drawn in the form provided by the Credit Union.
c. ACH and Wire Transfers . If offered, you may initiate or receive credits or debits to your account via wire transfer or ACH ("Automated Clearing House") 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. 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 a transfer, it 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 you give as the proper identification number, 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.
d. Credit Union Examination . The Credit Union may disregard information on any check other than the signature of the drawer and 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.
12. Account Rates and Fees . The Credit Union's payment of dividends or interest on any account is subject to the account rates and fees, earnings, payment and balance requirements as set forth on the Rate and Fee Schedule and each Certificate Account Receipt, which are incorporated herein by this reference. You agree the Credit Union may impose fees and charges for the deposit account services provided by the Credit Union. A current Rate and Fee Schedule has been provided to you separately. You agree the Credit Union may change the Rate and Fee Schedule from time to time and you will be notified of such changes as required by law.
13. Transaction Limitations .
a. Withdrawal Restrictions . The Credit Union will 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. Drafts 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.
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 secures an obligation 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. The Credit Union reserves the right to require members to give notice in writing of any intended withdrawals from any account of up to 60 days, as required by law, before such withdrawal.
b. Transfer Limitations . For Share accounts, Secondary Savings accounts, 50-Plus Savings accounts and Money Market accounts, you may make up to six (6) preauthorized, automatic, telephonic, PrivateLine, or Personal Branch transfers to another account of yours or to a third party during any calendar month. Of these six, you may make no more than three (3) transfers to a third party by check or debit card purchase. 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). There is no limit on the number of transactions you may make in the following manner: (i) transfers to any loan account within the Credit Union; (ii) transfers to another Credit Union account or withdrawals (checks mailed directly to you) when such transfer or withdrawal is initiated in person, by mail, or at an ATM. If a transfer request exceeds the transfer limitations set forth above in any statement period, the Credit Union may refuse or reverse the transfer or charge you a fee, and your account may be
reclassified by the Credit Union, suspended or closed.
14. Overdrafts.
a. Overdraft Liability . If on any day, the available funds in your checking account are not sufficient to cover checks and other items 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. 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 approve your request for overdraft protection, we will provide an overdraft protection plan for you. We will honor drafts drawn on insufficient funds in any checking account by transferring the necessary funds to your checking account. We will transfer funds to your overdrawn account from the accounts according to the overdraft protection plan option selected by you. The fee for overdraft transfers is set forth on the Rate and Fee Schedule. Transfers from a share or subsidiary share account will be governed by this Agreement. Transfers from a loan account will be governed by the applicable loan agreement.
15. Postdated and Staledated Items . You authorize us to accept and pay any check, even if the check is presented for payment before its date. The Credit Union is under no obligation to honor a draft or check or pay any item that is over six (6) months old. In order to prevent payment of such item(s) you must place a stop payment. You also agree not to deposit checks, drafts, or other items before they are properly payable.
16. Stop Payment Orders .
a. Stop Payment Request . You may ask the Credit Union to stop payment on any check drawn upon your checking account. You may request a stop payment by telephone, by mail, or in person. The stop payment will be effective if the Credit Union receives 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 check, and its exact amount. 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 re-credit your account after paying a check over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer all of your rights against the payee or other holders of the check to the Credit Union, and to assist the Credit Union in legal action taken against the person.
b. Duration of Order . You may make an oral stop payment order that will lapse within fourteen (14) calendar days unless continued in writing within that time. A written stop payment order will be effective for six (6) months. A written stop payment order may be renewed in writing from time to time. The Credit Union is not obligated to notify you when a stop payment order expires. The Credit Union is not liable for honoring an item where the stop payment order has lapsed.
c. Liability . The Credit Union may charge a fee for each stop payment order requested, as set forth on the Rate and Fee Schedule. You may not stop payment on any certified check or draft; cashier's check or teller's check; or any other check, draft, or payment guaranteed by the Credit Union. 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. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney fees, damages, or claims related to the Credit Union's action in refusing payment of an item, including claims of any multiple party account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.
17. 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.
18. 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, except as otherwise provided by law. 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 the transaction; (c) your loss is caused by your negligence or the negligence of another financial institution; or (d) the money in your account is subject to legal process or other claim. The Credit Union will not be liable for consequential damages except liability for wrongful dishonor. The Credit Union's actions will constitute the exercise of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearinghouse rules, and general banking practices followed in the area serviced by the Credit Union. You grant the Credit Union the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between oral representations by you or Credit Union employees and any written form will be resolved by reference to this Agreement and applicable written form.
19. Credit Union Lien and Security Interest . To the extent you owe the Credit Union money as a borrower, guarantor, endorser or otherwise, the Credit Union has a lien on any or all 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 these funds in any order to pay off your indebtedness. 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. In addition, you grant the Credit Union a consensual security interest in your accounts and agree the Credit Union may use the funds from your accounts to pay any debt or amount owed the Credit Union, except obligations secured by your dwelling, unless prohibited by applicable law. All accounts are non-assignable and nontransferable to third parties.
20. Legal Process . If any legal action, such as a levy, garnishment, or attachment is brought against your account, the Credit Union may refuse to pay out any money from your account until the dispute is resolved. If the Credit Union incurs any expenses or attorney fees in responding to legal process, such expenses may be charged against your account without prior notice to you, unless prohibited by law. Any legal process against your account is subject to the Credit Union's lien and security interest.
21. Notices .
a. Name or Address Changes . It is your responsibility to notify the Credit Union upon a change or address or change of name. The Credit Union is only required to attempt to communicate with you at the most recent address you have provided to the Credit Union. The Credit Union will accept notices of a change in address and any other notice from you to the Credit Union only if provided in writing to the Credit Union. The Credit Union may impose a service fee for bad address accounts, as set forth on the Rate and Fee Schedule. You authorize the Credit Union to update your account records with any notification of change of address issued by the U.S. Postal Service.
b. Notice of Amendments . Except as otherwise prohibited by applicable law, the terms of this Agreement are subject to change at any time. The Credit Union will notify you of any changes in account terms, rates, or fees as required by law. Changes in account ownership such as adding or removing a joint account owner must be evidenced by a signed Account Card which, upon execution, will be incorporated herein by this reference. The Credit Union reserves the right to waive any term in this Agreement. Any such waiver shall not affect the Credit Union's right to enforce any right in the future.
c. Effect of Notice . Any written notice you give to the Credit Union is effective when it is actually received by the Credit Union. Any written notice the Credit Union gives to you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Notice to any one account owner is considered notice to all owners of the account.
22. Taxpayer Identification Numbers (TIN) and Backup Withholding . You are required to provide the Credit Union with the correct Taxpayer Identification Number or complete a W-8 Form as required for non-resident aliens. If your account is or becomes subject to backup withholding, the Credit Union is required by law to withhold and pay to the Internal Revenue Service (IRS) a required percentage of payments of interest, dividends, and certain other payments under certain conditions. Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other applicable requirements may result in backup withholding as well as civil or criminal penalties. If you do not provide a TIN, the Credit Union may suspend the opening of your account, restrict services, or may offer a non-dividend bearing account until a TIN is provided.
23. Statements .
a. Contents . If the Credit Union provides a statement for your account, you will receive a periodic statement of all transactions and activity on your account during the statement period. If a periodic statement is provided you agree that only one statement is necessary for a multiple party account. For checking accounts, you understand that when paid, your original check becomes property of the Credit Union and may not be returned to you, but copies will be retained by Credit Union or a payable through financial institution and made available upon your request. You understand statements and checks are made available to you on the date the statement is mailed to you.
b. Examination. You are responsible for examining each statement and reporting any irregularities to the Credit Union. The Credit Union will not be responsible for any forged, altered, or unauthorized item drawn on your account if (1) you fail to notify the Credit Union within thirty (30) days of the mailing date of the earliest statement and availability of checks containing any forgery, alteration, or unauthorized signature on the item; or (2) any items forged or altered in a manner not detectable by a reasonable person including the unauthorized use of a facsimile signature machine.
c. Notice to Credit Union . You agree that the Credit Union's retention of drafts does not alter or waive your responsibility to examine your statements and draft copies or the time limit for notifying the Credit Union of any errors. The statement will be considered correct for all purposes and the Credit Union will not be liable for any payment made or charged to your account unless you notify the Credit Union in writing within the above time limit after the statement and checks are made available to you.
24. Dormant and Abandoned Accounts . If you have not made a withdrawal, deposit, or transfer on a particular account for more than one (1) year and the Credit Union has had no positive contact from you by mail, in person, telephone, email, chat, or through login to Online Banking during that period, the Credit Union may classify your account as a dormant account and may charge a dormant account service fee as allowed by applicable law and set forth on the Rate and Fee Schedule. Dividends will not be paid on the account if the balance falls below any minimum balance requirement. The Credit Union will notify you at your last known address prior to imposing any fee as required by law. Checking accounts will continue to incur the monthly maintenance fee until closed by the member. You authorize us to transfer funds from an available account of yours to cover the monthly maintenance fee, if necessary. If a deposit or withdrawal has not been made on the account, and the Credit Union has had no other contact with you for three (3) 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.
25. Death of Account Owner . 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 an account owner's death. Once the Credit Union learns of a member's death, the Credit Union may pay checks or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days unless the Credit Union receives instructions from any person claiming an interest in the account to stop payment on the checks or other items. You agree that the Credit Union can require that anyone who claims funds in your account after your death to indemnify the Credit Union for any losses resulting from honoring that claim.
26. 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) if there are excessive returned unpaid items not covered by an overdraft protection plan; or (6) if there has been any misrepresentation or any other abuse of any of your accounts. You may terminate your account at any time by notifying the Credit Union by oral direction or in writing. The Credit Union is not responsible for payment of any check, withdrawal, or other item once your account is terminated; however, if the Credit Union pays a check after termination, you agree to reimburse the Credit Union for payment.
27. Termination of Membership . You may terminate your membership at the Credit Union after giving written notice of your intent to withdraw from membership. You may be denied services or expelled from membership for any reason allowed by applicable law, including causing a loss to the Credit Union, failure to comply with the Bylaws or Articles of the Credit Union, neglecting to pay your debt to the Credit Union, you become insolvent or bankrupt, you engage in abusive or display threatening conduct to a credit union official or employee, or you engage in any unlawful conduct or activity affecting the Credit Union.
28. Special Account Instructions . You may request the Credit Union to facilitate certain trust, will, or court-ordered account arrangements. However, because the Credit Union does not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. If you ask the Credit Union to follow instructions that the Credit Union believes might expose it to claims, suits, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, the Credit Union may refuse to follow your instructions or may require you to post a bond to indemnify the Credit Union. Any item presented with a full payment legend must be presented in person to a Credit Union officer; otherwise, payment is accepted with full reservation of rights. Account changes request by you, or any account owner, such as adding or closing an account or service, must be evidenced by a signed Account Card and accepted by the Credit Union. The Credit Union will not recognize the authority of someone to whom you have given power of attorney without written authorization and a copy of the Power of Attorney on record at the Credit Union.
29. Severability . In the event that any paragraph of this Agreement or any portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.
30. Enforcement . You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
31. Governing Law . This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the State of Oregon and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
III. Funds Availability Policy for Checking Accounts
1. General Policy . Our policy is to make funds from your checking account deposits available to you on the same business day that we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, everyday is a business day, except Sundays and federal holidays. If you make a deposit before 5:30 p.m. Monday through Thursday, 6:00 p.m. on Friday, or between 9:30 a.m. 2:30 p.m. on Saturday, we will consider that day to be the day of your deposit. However, if you make a deposit after the posted closing time or on a day we are not open, we will consider that the deposit was made on the next business day we are open. Deposits made through the Credit Union night depositary will be deemed made on the next business day (excluding Saturdays) of the day of deposit if made after 7:30 a.m..
2. Longer Delays May Apply . In some cases, we will not make all of the funds that you deposit by check available to you on the same business day that we receive your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth business day after the day of your deposit. However, the first $100.00 of your deposit will be available on the first business day. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
We may delay your ability to withdraw funds deposited by check into your checking account for an additional number of days for the following reasons:
a. We believe a check you deposit will not be paid.
b. You deposit checks totaling more than $5,000.00 any one day.
c. You deposit a check that has been returned unpaid.
d. You have overdrawn your account repeatedly in the last six months.
e. There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit.
3. Special Rules for New Accounts . If you are a new member, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposit to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000.00 of a day's total deposits of cashier's, certified, teller's, U.S. Postal Service Money Orders, and federal, state, and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example: the checks must be payable to you. The excess over $5,000.00 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the ninth business day after the day of your deposit.
4. Deposits at Automated Teller Machines . Funds from any deposits (cash or checks) made at automated teller machines (ATMs) will be credited on the day of deposit, and the first $100 will be available for withdrawal immediately. The remaining deposited funds will be available on the next business day after the day of your deposit.
IV. Electronic Funds Transfers (EFT)
By signing the Account Card or signing or using any electronic funds transfer, including: SELCO Cash Card, SELCO Visa Check Card, PrivateLine service, or Online Banking service, you agree to the following terms governing your and our rights and responsibilities concerning the electronic funds transfer services, as applicable. Terms and conditions set forth elsewhere in this Agreement shall also apply to your electronic funds transfer service. Electronic Funds Transfers ("EFT") are electronically initiated transfers of money through direct deposits, automated teller machines ("ATMs"), audio response (PrivateLine) transaction, and personal computer, PC and Internet (Online Banking) transaction involving your deposit accounts at the Credit Union, and debit card purchases.
1. Services
a. SELCO Visa Debit Card and SELCO ATM Card . You may use your Card and access code in automated teller machines of the Credit Union, Co-op, Star, or Visa/Plus networks, and in Point-of-Sale (POS) terminals, and such other machines we may designate. At the present time, you may use your Card to make the following transactions on your accounts:
Withdraw cash from your Membership Share or Draft (checking) accounts.
Transfer funds between your Membership Share or Draft (checking) accounts.
Inquire about Membership Share or Draft (checking) balances.
Deposit to your Membership Share or Draft (checking) account (available only through Co-op and SELCO owned machines).
Make purchases of goods and services at Point-of-Sale (POS) terminals of participating merchants. Funds to cover your Check Card purchases will be deducted from your checking account.
Purchase goods and services anywhere your Card is honored by participating VISA merchants. Funds to cover your Check Card purchases will be deducted from your checking account.
Personal line of credit transactions, including cash advances, transfers, payments, and account balance inquiries are available with the SELCO Visa Debit Card only.
Other transactions as offered and permitted in the future.
b. Direct Deposit . Upon instruction of (i) your employer or (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or of Federal recurring payments, such as Social Security.
c. PrivateLine (Audio Response). If we approve the PrivateLine audio response access service for your accounts, you must designate a separate four (4) digit access code. You must use your access code along with your account number to access your accounts. At the present time you may use the PrivateLine service to:
Obtain balance, withdrawal, and dividend information on any savings or checking accounts at the Credit Union.
Transfer funds between your checking, savings, money market, and loan accounts as allowed, including loan payments.
Withdraw funds from your savings accounts by check, made payable to you and mailed to you at your mailing address.
Obtain information on the last twenty transactions on your account and obtain loan interest information.
Change your PrivateLine access code.
Other transactions as offered and permitted in the future.
d. Online Banking . If we approve your application for the Online Banking service, you may use a personal computer to access your accounts. For the Online Banking services, you will need a personal computer and direct dial modem or access to the Internet (World Wide Web). We may assign or you may select a personal access code. You must use your access code along with your account number to access your accounts. You are responsible for the installation, maintenance, and operation of your computer and software. The Credit Union will not be responsible for any errors or failures involving any telephone service, Internet service provider, your software installation, or you computer. At the present time, you may use the Online Banking service to:
Obtain account information related to any of your share and loan accounts regarding current balance, share draft and savings history, dividends and rates, loan interest and payoff amounts, and direct deposits.
Make transfers to other share or share draft accounts of yours or such accounts you have authorized in writing prior to such transfer request.
Withdraw funds from share, share draft, and line of credit accounts by check, made payable to you and mailed to you at your mailing address.
Make loan payments from any share or share draft account to any loan account of yours (except mortgage loans).
Make bill payment transfers to such participating merchants you have authorized prior to such transfer.
Communicate with the Credit Union using the electronic mail (e-mail) feature.
Transactions involving your deposit accounts will be subject to your Membership and Account Agreement and transactions involving a loan account will be subject to your Consumer Loan Agreement and Disclosures.
2. Service Limitations.
a. SELCO Visa Debit Card and SELCO ATM Card .
(1) Deposits . Funds will be credited to your account as of the date of deposit. You may withdraw up to $100 immediately. The balance will be available according to our funds availability policy. Deposits may be made only at machines owned by the Co-op or SELCO Community Credit Union.
(2) Withdrawals . There is no limit on the number of withdrawals you may make at Credit Union ATMs and nonproprietary ATMs. However, you may be charged a fee as set forth on the Fee Schedule. If you use an ATM not owned by the Co-op or SELCO Community Credit Union, you may incur a surcharge. For SELCO Visa Debit Cards, you may withdraw up to $500 per day by cash using an ATM or POS terminal, if there are sufficient funds in your account. When using your SELCO ATM Card you may withdraw up to $200 in any one day if there are sufficient funds in your account. Card transactions at any authorized ATM or POS terminal are subject to limits placed on each individual ATM or POS terminal.
(3) Debit Card Purchases . There is no limit on the number of purchase transactions you may make by Debit Card during a statement period. No purchase may exceed the available funds in your account. The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. You may not use your Card or Account for any unlawful or illegal transaction. The Credit Union may refuse to honor any transaction that it believes may be illegal or unlawful.
(4) Transfers . You may transfer between your savings and checking accounts up to the balance in your accounts at the time of the transfer at available locations.
b. PrivateLine (Audio Response) . Your accounts can be accessed under PrivateLine using a touch-tone telephone. PrivateLine service will be available for your convenience seven (7) days a week, 24 hours a day. This service may be interrupted for a short time each day for data processing. If you call during this time your will hear, "System not available, please call back. System will be restored shortly." There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one day.
No transfer or withdrawal may exceed the available funds in your account. The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or does not adhere to the terms and conditions of your account as set forth in other agreements. Check transactions may not exceed the amount in your account. All checks are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. There is no limit on the number of transaction requests you may make during a single phone call. The system will discontinue service after 30 seconds if no transaction is entered, and after seven minutes in all cases. If you wish to make any further transactions, you will have to call back. The system will also discontinue service after three unsuccessful attempts to enter a transaction.
c. Online Banking . The Online Banking service is accessible seven (7) days a week, 24 hours a day. This service may be interrupted for a short time each day for data processing
(1) Transfers . You may make funds transfers to your accounts or other accounts you authorize as often as you like. You may transfer or withdraw up to the available balance in your account or available credit line at the time of the transfer, except as limited under other agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or does not adhere to the terms and conditions of your account as set forth in other agreements.
(2) Account Information . The account balance and transaction history information may be limited to recent account information. The availability of funds for transfer or withdrawal may be limited due to the processing time for ATM transactions and our Funds Availability Policy.
(3) E-Mail and Stop Payment Requests . The Credit Union may not immediately receive e-mail communications that you send and the Credit Union will not take actions based on e-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. Any stop payment request you transmit electronically is deemed to be an oral request and will expire in 14 days unless confirmed in writing in accordance with your Membership and Account Agreement. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, see Section 4.
(4) Bill Payments . You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either periodic and nonrecurring (i.e., payments on merchant charge accounts that vary in amount) or automatic and recurring (i.e., fixed mortgage payments). When you transmit a bill payment instruction to use, you authorize us to transfer funds to make the bill payment transaction from the account you designate. We will process bill payment transfer requests only to such creditors as you authorize and for whom the Credit Union has the proper vendor code number. The Credit Union will not process any bill payment transfer if the required transaction information is incomplete. If there are insufficient funds in your account to make the bill payment request, we may refuse to make the payment. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous. The Credit Union will withdraw the designated funds from your account for the bill payment transfer by 9:00 am on the date you schedule for payment. The Credit Union will process your bill payment transfer within one (1) business day on the date you schedule for payment.
It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions at least seven (7) business days before a bill is due. You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely payment authorization.
You may cancel or stop payment on periodic bill payments and automatic, recurring bill payment instructions under certain circumstances. If you discover an error in or want to change a payment instruction (i.e., payment date or payment amount) for a periodic or automatic payment you have already scheduled for transmission through the Online Banking service, you may electronically edit or cancel your payment through the Online Banking service. Your cancellation request must be entered and transmitted through the Online Banking service before the date you have scheduled for payment. If your request is not timely entered, you will be responsible for the payment. If you wish to place an oral stop payment on an automatic, recurring bill payment transaction, not using the Online Banking service, the Credit Union must receive your oral stop payment request at least three (3) business days before the next payment is scheduled to be made. You may call the Credit Union at the telephone number set forth in Section 4 to request a stop payment. If you call, the Credit Union may require you to confirm your stop payment request in writing within 14 days after the call.
3. Conditions of EFT. The use of your Account and EFT services are subject to the following conditions :
a. Ownership of Cards . Any Card or other device which we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the Card, immediately according to instructions. The Card may be repossessed at any time in our sole discretion without demand or notice. You cannot transfer your Card or Account to another person.
b. Honoring the Card . Neither we nor merchants authorized to honor the card will be responsible for the failure or refusal to honor the Card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your Account in lieu of a cash refund.
c. Security of Access Code . The personal access code or personal identification code issued to or selected by you is for your security purposes. The numbers are confidential and should not be disclosed to third parties or recorded on or with the Card. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access code that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If you fail to maintain the security of these access codes and the Credit Union suffers a loss we may terminate your EFT and account services immediately.
4. Member Liability . You are responsible for all transfers you authorize using an EFT service under this Agreement. If you permit other persons to use an EFT service or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your Card, access code or accessed your accounts through an EFT service without your authority. Telephoning is the best way of keeping your possible losses down.
a. Visa Debit Card Purchases . Promptly notifying the Credit Union of your lost or stolen VISA Debit Card may reduce your liability. If you notify us of your lost or stolen card within forty-eight (48) hours of discovery, you may not be liable for any losses. If you notify us of your lost or stolen card after forty-eight (48) hours of your discovery, your maximum liability for losses to your account may be up to $50. These liability limits will apply, provided you were not grossly negligent or fraudulent in handling your VISA Debit Card and you provide us with a written statement regarding your unauthorized VISA Debit Card claim, otherwise the liability limits set forth below for Automated Teller Transactions may apply.
b. Personal Line of Credit Transactions . In no event will you be liable for more than $50 for any unauthorized electronic transaction on your personal line of credit.
a. Automated Teller Transactions . For transactions using an Automated Teller Machine, using your Visa Debit Card or ATM Card, if you tell us within two (2) business days, you can lose no more than $50 if someone uses your ATM Card or access code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Visa Debit Card or ATM Card and access code, and we can prove that we could have stopped someone from using your Visa Debit Card or ATM Card and access code without your permission if you had told us, you could lose as much as $500.
b. You will be responsible for the $50 card recovery fee .
Also, if your statement shows EFTs 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 be liable for the following amounts lost after the sixty days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods: (i) for unauthorized VISA Debit Card purchase transactions up to the limits set forth above and (ii) for all other unauthorized EFT transactions up to the full amount of the loss.
If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: 541-686-8000 or 1-800-445-4483 during normal business hours. After hours, call 1-800-991-4961.
or write: SELCO Community Credit Union, PO Box 7487, Eugene, OR 97401-0487.
5. Business Days . Our business days are Monday through Saturday. Holidays are not included.
6. Fees and Charges . There are certain charges for electronic fund transfer services as set forth on the Rate and Fee Schedule. From time to time, the charges may be changed. We notify you of any changes as required by law.
7. Right to Receive Documentation of Transfers .
a. Periodic Statements . Transfers and withdrawals transacted through an ATM, PrivateLine, or Online Banking system will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.
b. Direct Deposits . If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling the phone numbers listed above. This does not apply to transactions occurring outside the United States.
c. Terminal Receipt . You will get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM or POS terminal.
8. Account Information Disclosure . We will disclose information to third parties about your account or the transfers you make:
a. As necessary to complete transfers.
b. To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant.
c. To comply with government agency or court orders.
d. If you give us written permission.
9. Credit Union Liability for Failure to Make Transfers . If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance:
If, through no fault of ours, there is not adequate funds in your account to complete a transaction, your account is closed, or the transaction amount would exceed your credit limit on your line of credit.
If your account is frozen because of a delinquent loan or is subject to legal process or other claim.
If the error was caused by a system beyond the Credit Union's control such as your Internet Service Provider.
If you have not given the Credit Union complete, correct, and current instructions so the Credit Union can make a transfer or bill payment.
If the error was caused by a system of any applicable ATM network. The ATM machine may retain your Card in certain instances, in which event you may contact the Credit Union about its replacement.
If the accounts to which you request a bill payment transfer to be made have been closed or the vendor will not accept such payments.
If you have bill payment services, the Credit Union can only confirm the amount, the participating merchant, and the date of the bill payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. The Credit Union is not responsible for investigating such errors.
If there are other exceptions as established by the Credit Union.
10. Termination of Electronic Fund Transfer Services . You agree that we may terminate this Agreement and your electronic fund transfer services, if:
a. You, or any authorized user of your account access code, breach this or any other agreement with us.
b. We have reason to believe that there has been an unauthorized use of your Card, account, or access code.
c. You breach any provisions of your Membership and Account Agreement or any other agreement with the Credit Union.
d. Your membership in the Credit Union is terminated for any reason.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
11. Notices . The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
12. Billing Errors . In case of errors or questions about your electronic transfers, telephone us at the phone numbers or write us at the address set forth above as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.
a. Tell us your name and account number (if any).
b. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) calendar days to investigate your complaint or question, (ninety (90) calendar days for Point of Sale (POS) transaction errors, new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re-credit your account within ten (10) business days (five (5) business days for VISA Check Card purchase transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your account.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' right to privacy) relied upon to conclude that the error did not occur.
13. ATM Safety Notice . The following information is a list of safety precautions regarding the use of Automated Teller Machine (ATM) and Night Deposit Facilities.
a. Be aware of your surroundings, particularly at night.
b. Consider having someone accompany you when the ATM or night Deposit facility is used after dark.
c. If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction.
d. Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. Count the cash later in the safety of your car or home. When depositing cash, have a supply of deposit envelopes at home or the office. Prepare your deposit before going to the ATM or night deposit facility, and conceal the deposit envelope in a pocket or purse until you reach the ATM or night deposit facility and begin your transaction.
e. If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your ATM access device or deposit envelope, and leave.
f. If you are followed after making a transaction, go to the nearest public area where people are located.
g. Do not write your personal identification number or code on your ATM card.
h. Report all crimes to law enforcement officials immediately.
IV. SELCO Guarantee Agreement
When you use your SELCO Visa Debit Card as a check guarantee card, the following terms and conditions apply. The Credit Union guarantees payment of cardholder's drafts drawn on the Credit Union prior to the expiration date of this Card and not exceeding $200 to each merchant on any one date, provided that the cardholder's signature on the draft is verified, and the draft is deposited promptly. If a draft validly guaranteed with this Card is dishonored, the draft must be delivered or mailed to the Credit Union for payment. By signing or using this Card, you agree:
a. To waive all rights to stop payment on drafts guaranteed with this Card.
b. To notify the Credit Union of the loss or unauthorized use of this Card.
c. To pay the Credit Union for any draft guaranteed with this Card if the cardholder's account in insufficient.
d. To surrender this Card to the Credit Union upon its request.
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