AGREEMENTS AND DISCLOSURE
THESE AGREEMENTS AND DISCLOSURES CONTAIN IMPORTANT MEMBERSHIP INFORMATION, NECESSARY TRUTH-IN-SAVINGS ACCOUNT DISCLOSURES, ELECTRONIC SERVICES AGREEMENT AND DISCLOSURES, FUNDS AVAILABILITY POLICY, WIRE TRANSFER AGREEMENT AND PRIVACY POLICY DISCLOSURE. PLEASE BE CERTAIN TO READ THESE AGREEMENTS AND DISCLOSURES CAREFULLY AND NOTIFY US AT ONCE IF ANY PARTS ARE UNCLEAR.
Throughout these Agreements and Disclosures, the references to 'We,' 'Us,' 'Our' and'Credit Union' mean SERVICE ONE CREDIT UNION. The words "You· and "Your· mean each person applying for and/or using any of the services described herein, 'Account' means any account or accounts established for You as set forth in these Agreements and Disclosures. The word'Card' means any ATM/ VISA Check Card Issued to You by Us and any duplicates or renewals We may issue. Our Audio Response System is hereinafter referred to as 'One Call,' whereas Our Personal Computer Account Access System is hereinafter referred to as'Online Banking' and Our Internet Enabled Mobile System is hereinafter referred to as 'Mobile Deposit.' 'E-Check' means any check which You authorize the payee to process electronically. For joint accounts, read singular pronouns in the plural.
SERVICE ONE CREDIT UNION MEMBERSHIP
To apply for membership with Service One Credit Union, You must complete, sign and return an application for membership.
Your signature on Your application for membership informs the Credit Union that You would like to join the Credit Union and that You agree to conform to the Credit Union's Bylaws and Amendments.
Credit Union membership is granted to applicants within Service One Credit Union's common bond as outlined In the Credit Union's Charter.
Eligibility also includes spouses of persons who died while within the field of membership; Credit Union employees: persons retired as pensioners or annuitants from the above organizations: and organizations of such persons. By signing Your application for membership, You acknowledge receipt of these Agreements and Disclosures, Including the terms and conditions which apply to Your Accounts.
FAMILY MEMBERSHIP
Credit Union members In good standing and whose status is currently within the Credit Union's common bond (as outlined herein) may sponsor Immediate family members and possibly other members of Your household for Credit Union membership. Eligible family members may Include for instance: father, mother, brother, sister, son, daughter, grandmother, grandfather and spouse.
ACCOUNT AGREEMENT
YOU AGREE AND ACKNOWLEDGE THAT THIS AGREEMENT CONTROLS YOUR ACCOUNT($) WITH SERVICE ONE CREDIT UNION, TOGETHER WITH ANY OTHER RELATED DOCUMENT SUCH AS OUR FUNDS AVAILABILITY POLICY AND ELECTRONIC FUND TRANSFER AGREEMENT AND/OR AGREEMENTS AND DISCLOSURES, ALL OF WHICH, TO THE EXTENT APPLICABLE, ARE INCORPORATED INTO THIS AGREEMENT BY REFERENCE,
JOINT ACCOUNTS. If Your Account is owned jointly, then all funds on deposit are owned by any of the joint Owners. We can release or pay any amount on deposit In Your Account to any Owner. We can honor checks, withdrawals, orders or requests from any Owner. All Owners are liable to Us for any overdrafts that may occur on Your Account, regardless of whether or not a benefit occurred. Any Owner may provide Us written notice to freeze funds on deposit and We may, at Our option, honor such written request. If We do, then the Account will remain frozen until We receive subsequent written notice signed by all Owners of the Account as to a disposition of funds on deposit. Any funds on deposit may be utilized to satisfy any debt or garnishment of any Owner of the Account. If the Owners of the Account hold the Account jointly as Tenants in Common and We receive notice that one of the Owners has died, We may freeze the Account until We receive evidence satisfactory to Us as to an appropriate disposition of funds on deposit in the Account. It Is the responsibility of joint account Owners to determine any legal effects of opening and maintaining a joint account.
CUSTODIAL ACCOUNTS. Any custodial account is subject to the Uniform Transfers to Minors Act. It is Your responsibility to determine and understand any legal effects related to this type of Account.
POWER OF ATTORNEY. If You name a person to act as Your attorney-In-fact or agent In any way with Your Account, We are only obligated to deal with such person If We, in Our sole judgment, approve of the form of appointment and the supporting documentation.
INDEMNITY. You agree to Indemnity and hold harmless the Credit Union and their successors and assigns, from any claim, action, liability, loss, damage or suit, arising out of any action or inaction on Our part in connection with these Agreements And Disclosures and/or Your failure to abide by its terms.
In the event of any claim made by or against Us, We shall provide You with reasonable and timely notice of such claim, and thereafter You shall at Your own expense promptly defend, indemnify, protect and hold harmless the Credit Union against said claim or any loss or liability thereunder. In the event You fail to defend and/or indemnify and hold Us harmless, then in such instance We shall have full rights to defend, pay or settle said claim on Your behalf without notice to You and with full right of recourse against You for all fees, costs, expenses and payments made or agreed to be paid to discharge said claim,
You agree to pay all reasonable attorneys' fees necessary to enforce such provision, You also agree that in collecting amounts owed to Us, We may retain the services of a collection agency and pay such agency a fee calculated on a percentage basis of the unpaid debt. In that event, You further agree: (i) that the amount of such fee will be Our actual cost of collection (exclusive of any court costs): (ii) to pay these amounts: and (iii) that such fee is reasonable.
Such indemnity shall be unlimited in amount and duration and be binding upon and inure to the benefit of all parties, their successors, assigns and personal representatives,
DEPOSIT OF ITEMS. You may make deposits to Your Account using any method available from Us, Including deposits In person, by mail or electronic means. We have the right to refuse to accept any check or instrument for deposit at Our sole discretion. If You deposit an item and it is returned unpaid, We will debit Your Account for the amount of the item and charge You a returned check fee. You will be liable to Us for the amount of any item You deposit which is returned unpaid, and in addition, will be responsible for any of Our costs and expenses incurred in the collection of such returned item from You, Including reasonable attorneys' fees. Subject to Our Funds Availability Policy, You may not be able to withdraw funds from Your Account until We have received final settlement for any items deposited. If You make a deposit on a Saturday, Sunday, or a holiday, or after Our predetermined cut-off hour on business days, the deposit will be credited to Your Account as of the next business day.
COLLECTION AND PROCESSING OF ITEMS. In processing items You have deposited for collection, We are only Your agent and assume no responsibility beyond the exercise of ordinary care. Any item deposited is subject to final settlement in cash or credit. We may use any method We feel is appropriate to collect items, which may include use of a Federal Reserve Bank. We are not responsible for the acts of any third party We use for the collection of items including responsibility for lost items. If We use a local clearinghouse in the collection of items, You authorize Us to do so and to act in accordance with any applicable rules and regulations. We may permit You to withdraw funds from Your Account before final settlement has been made, however, if final settlement is not made, We have the right to charge Your Account or otherwise require You to repay such funds. In processing items presented for payment on Your Account. We will pay such items each business day based solely on the order of our choosing, subject to the available funds in that Account. All of which means that the transactions may not be processed in the order in which they occurred and that You could incur multiple fees in a single day should there be insufficient funds to pay all items presented that day.
OVERDRAFT PROTECTION. To the extent permitted by law, You authorize Us to transfer funds from other accounts You may have with Us in necessary multiples (or in such increments as We may from time to time determine) to Your Account to cover any overdraft. If You have a line of credit or overdraft privilege with Us, transfers will be made either from Your line of credit up to Your available credit limit and/or from Your primary Savings Account or other checking Account, provided You have enough available funds in that Account, and then We may elect to pay such overdraft, subject to any preference You have indicated to Us for clearing any such overdraft{s). Any overdraft transfers from Your primary Savings Account or other checking Account may be subject to a transfer fee. You hold Us harmless from any and all liability which might otherwise exist if a transfer does not occur.
OVERDRAFTS. You understand and agree that We may from time to time. and at Our sole discretion, pay certain Items in order to cover an overdraft, and charge You a fee for doing so. You further understand that payment of any overdrafts will be made in an order of Our choosing. You hold Us harmless from any and all liability which might otherwise exist If We do not pay an overdraft. If You would like to opt-out, that is, if You would prefer We not pay any items that would overdraw Your checking Account, You may opt-out by writing to Us at the address in this Agreement or by calling Us at the telephone number shown ,n this Agreement and Informing Us of Your intention to opt-out.
NOTICE OF RECEIPT OF ACH ITEMS. Under the operating rules of the National Automated Clearing House Association which are applicable to ACH transactions involving Your Account and as permitted by law, We are not required to give You next day notice of receipt of an ACH item, and We will not do so. We will continue to notify You of the receipt of payments in the periodic statements We provide to You.
PROVISIONAL PAYMENT. Credit given by Us to You with respect to any automated clearing house credit entry is provisional until We receive final settlement for such entry through a Federal Reserve Bank. If We do not receive final settlement, You are hereby notified and agree that We are entitled to a refund of the amount credited to You in connection with such entry, and the party making payment to You via such entry (i.e.. the originator of the entry) shall not be deemed to have paid You the amount of such entry.
CHOICE OF LAW. We may accept payments on Your behalf for Your account which have been transmitted through one or more Automated Clearing Houses ('ACH') and which are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such payments shall be constructed in accordance with and governed by the laws of the state of New York as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions Involving Your Account.
EXPENSES. If We Incur any costs or expenses as a result of any attachment, garnishment or levy against Your Account. You will reimburse Us for such costs or expenses or We may charge them to Your Account.
INACTIVE OR DORMANT ACCOUNTS. Inactive Accounts (Accounts with no withdrawals or deposits within a three-year period) may be subject to an Inactive Account Fee. If no activity occurs in Your account within the time period specified by applicable state law, the property in Your account may be subject to transfer to the appropriate state authority ('escheatment"). We have no liability if Your Account becomes dormant and is therefore subject to escheatment in accordance with applicable state law.
LIEN IMPRESSMENT AND SET-OFF. You agree that We may impress and enforce a statutory lien upon Your Accounts with Us to the extent You owe Us any money and We may enforce Our right to do so without further notice to You. We have the right to set-off any of Your money or property in Our possession against any amount You owe Us. The right of set off and Our impressed lien does not extend to any Keogh, IRA or similar tax deferred deposit You may have with Us. If Your Account Is owned jointly, Our right of set-off and Our impressed lien extends to any amount owed to Us by any of the joint Owners.
CREDIT REPORTING NOTICE. We may report Information about Your Account to credit bureaus. Late payments, missed payments, or other defaults on Your Account may be reflected In Your credit report.
MINIMUM BALANCE REQUIREMENTS, FEES AND SERVICE CHARGES. You agree to pay Us any applicable lees or charges, and are responsible for any minimum balance requirements and deposit requirements called for In Our Agreements and Disclosures provided to You when You opened Your Account. In any case and with proper notice to You, fees, charges, balance requirements and deposit requirements may be changed by Us from lime to time.
RESTRICTIVE LEGENDS. We are not liable for any consequences resulting from the payment of a check that contains a restrictive legend or other such limitation (e.g. "Void after 90 days." "Not valid over $500.00" or "Two signatures required") unless We have previously agreed, in writing, to the restrictions and/or limitations.
SUSPENSION OF SERVICES. We have the right to suspend the benefit of any Credit Union service at any time for reasonable cause. At Our discretion, We also have the right to pay any check presented for payment from Your Account after Your Account is closed or suspended and to recover such amount paid from You.
Account services are available to those members in good standing with the Credit Union. We reserve the right to cancel or suspend services to a member who is not in good standing, which Includes members that have: (a) a delinquent loan; (b) a Member Savings Account balance below the $5.00 minimum: (c) an unresolved deposited returned check; (d) any unpaid and uncollected fees; (e) a negative balance on an Account: or (f) caused a financial loss to the Credit Union.
ASSIGNABILITY. You may not assign or transfer any interest in Your Account.
AGREEMENTS AND DISCLOSURES. The Agreements and Disclosures provided to You at the time You opened Your Account and referred to throughout this Agreement contain: (a) a list of fees and charges applicable to Your Account: (b) the dividends and applicable Annual Percentage Yield (APY); (c) how dividends are credited or compounded; and (d) other pertinent information related to Your Account. Your Agreements and Disclosures may be amended by Us from time to time in a manner as prescribed by law.
STOP PAYMENTS. You may ask Us orally to stop payment on a check. For any such request to remain valid, however, You must also supply Us with a written request within 14 days after after You make any such oral request. Your request must be given to Us in a timely manner so that We have a reasonable opportunity to act on Your request. A written stop payment request is effective for 6 months. If at the end of 6 months, You request Us to continue the stop payment order, that request will be treated as a new request. We are not liable if We pay a check which You have requested Us to stop payment on as long as We act In good faith and exercise ordinary care.
In any event, any damages that We might otherwise be liable for shall not exceed the amount of the involved check. If We do pay a check for which You have requested stop payment and as a result any other Item is returned unpaid by Us due to non-sufficient funds, We are not liable for any consequences resulting from such action. If Your Account is a joint Account, any Owner of the Account may request a stop payment. Any release of a stop payment order must be made by the person who made the request. If You ask Us to stop payment on a pre-authorized transfer, Your request will be processed under the provisions of Our Electronic Funds Transfer Agreement with You. Stop payment requests are also subject to the terms and conditions of the order for stop payment form related to any such request.
You may also ask Us to stop payment on a lost or stolen cashier's or official check and if You do, You agree to execute a declaration of loss and claim for reimbursement form together with any other documentation We may require, such as an affidavit. Regardless of the type of documentation presented to Us, the request must be in a form acceptable to the Credit Union and given to Us in a timely manner so that We have a reasonable opportunity to act on such request. Such Declaration of Loss and Claim for Reimbursement will not become effective until the later of: (a) the issuance date of the check; or (b) the date We receive the Declaration of Loss and Claim for Reimbursement together with any other required documentation.
CHECKS AND OTHER ACCOUNT ACCESS DEVICES. Any check or other Account access device which does not meet Our standards for acceptance may be rejected by Us, whether such standards are established by law, regulation or Our own policy.
POSTDATED, STALE OR OVERDRAFT CHECKS. You understand that postdating a check will have no effect on whether or not it is honored prior to or after the date of any such check. A stale check is any check received by Us that is dated 6 months or more prior to the date of receipt. We may pay or refuse to pay any postdated, stale or overdraft check, or other item presented for payment on Your Account without any liability.
CHECK SAFEKEEPING. Check Safekeeping is automatic on Your Account and Your cancelled checks will not be returned to You. You understand that cancelled checks retained by Us are later destroyed after a reasonable period of time. If You subsequently request a copy of a check and We are unable to supply it. then We shall not be liable for any damage You may sustain in excess of the face amount of the involved check.
PERIODIC STATEMENTS. You will be provided with a periodic statement showing activity on Your Account. If You believe any statement reflects discrepancies, You must notify Us of such discrepancies within 60 days from the date We mailed the statement to You. If the discrepancy noted is the result of an electronic fund transfer, then the provisions of Our Electronic Fund Transfer Agreement with You will control resolution of the matter.
AMENDMENTS. This Agreement may be amended by Us at any lime. in which case We will provide You with a notice of amendment as required by law or regulation.
ORGANIZATIONAL, PARTNERSHIP OR CORPORATION ACCOUNTS. If Your Account Is an organizational, partnership or corporate account, You will supply Us with a separate authorization informing Us of the authorized signers for the Account and provide any other related documents if We request You to do so. We require that a partner, owner or organizational member be a primary member of the Credit Union.
NOTIFICATION OF ADDRESS CHANGE. You will notify Us promptly In writing with Your signature if You move or otherwise have a change of address. In the event We are unable to locate You, You agree to pay all fees associated with maintaining an invalid address in Our records and any costs and locator fees incurred In Our locating efforts.
WAIVERS. You agree and understand that Our failure or delay to exercise any right, remedy, power. or privilege available to Us pursuant to this Agreement shall not affect or disallow Our future exercise of that right. remedy, power or privilege.
ELECTRONIC COMMUNICATIONS. By applying for membership In the Credit Union, You authorize Us to send You, from time to time, and to the extent permitted by applicable law, electronic communications regarding the status of any share. share draft, and/or term Account(s) You maintain with Us. You also authorize Us to send You electronic communications regarding any other accounts You may maintain with Us from time to time including, but not limited to, loan accounts, credit line accounts, and credit card accounts. These electronic communications are sometimes referred to as 'transactional or relationship messages.'
You authorize Us to contact You using any wireless, cellular, mobile or other telephone number You have provided to Us on Your membership application, and at any wireless, cellular, mobile or other telephone number You may furnish to Us or We may obtain for You in the future. We may contact You using any electronic means We choose. which may Include but is not limited to, voice messages, text messages and other similar electronic methods of communication. If You have furnished Us with any e-mail address(es). You understand and agree that We may send You e-mail messages regarding Your Account(s) with Us from time to time. If You have or subsequently enter into any separate consent to receive electronic documentation form, any communications covered by such disclosure and consent shall be subject to the terms and conditions set forth In that disclosure and consent.
You understand that the nature of electronic communications is such that anyone with access to Your wireless. cellular, mobile or other telephonic device or e-mail may be able to read or listen to such transactional or relationship messages from Us, and You agree that any person or party sending or leaving such messages shall have no liability for any consequences resulting from the interception of such messages by any other party. Without limitation. You also agree that You are responsible to pay all costs that You may incur as a result of any contact method We choose Including, but not limited to, charges for telecommunications, wireless and/or Internet charges.
GOVERNING LAW. This Agreement shall be governed by the laws of the State of Kentucky, except to the extent that federal law controls.
ACCOUNT DISCLOSURES
THE FOLLOWING DISCLOSURES CONTAIN IMPORTANT INFORMATION AND THE TERMS AND CONDITIONS OF ANY ACCOUNT OR ACCOUNTS THAT YOU MAY HAVE WITH US AND ARE PROVIDED AS REQUIRED BY THE TRUTH-IN-SAVINGS ACT. WHENEVER USED, "APY" MEANS ANNUAL PERCENTAGE YIELD.
SPECIFIC TERMS APPLICABLE TO YOUR MEMBER SAVINGS ACCOUNT
Variable Rate Information. This Account is subject to a Variable Rate. For the current dividend rate and corresponding APY, refer to the separate page titled'Account Disclosure Rate Supplement' which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. The minimum balance required to open this Account is S5.00. You must maintain an average daily balance of $0.01 in Your Account each day to obtain the disclosed Annual Percentage Yield.
SPECIFIC TERMS APPLICABLE TO YOUR MEMBERSHIP SHARE ACCOUNT
Dividend Information. No dividends are paid on this Account.
Minimum Balance Requirements. The minimum balance required lo open this Account is $5.00.
Transaction Limitations. Once You establish Your Account You may not make any additional deposits, and You may not make any withdrawals until You terminate Your Membership with Us.
SPECIFIC TERMS APPLICABLE TO YOUR SPECIAL SAVINGS ACCOUNT
Variable Rate Information. This Account is subject to a Variable Rate. For the current dividend rate and corresponding APY, refer to the separate page titled 'Account Disclosure Rate Supplement' which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. There are no minimum balance requirements for this Account. You must maintain an average daily balance of $0,01 in Your Account each day to obtain the disclosed Annual Percentage Yield.
Transaction Limitations. During any calendar month, You may not make more than six withdrawals from or transfers to another Credit Union Account of Yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction, or by check, draft, debit card, if applicable, or similar order to a third party. If You exceed these limitations, Your Account may be subject to closure by the Credit Union.
SPECIFIC TERMS APPLICABLE TO YOUR HOLIDAY CLUB ACCOUNT
Variable Rate Information. This Account Is subject to a Variable Rate. For the current dividend rate and corresponding APY, refer to the separate page titled'Account Disclosure Rate Supplement" which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. There are no minimum balance requirements for this Account. You must maintain an average dally balance of $0.01 In Your Account each day to obtain the disclosed Annual Percentage Yield.
Transaction Limitations, During any calendar month, You may not make more than six withdrawals from or transfers to another Credit Union Account of Yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction, or by check, draft, debit card, ii applicable, or similar order to a third party. If You exceed these limitations, Your Account may be subject to closure by the Credit Union.
SPECIFIC TERMS APPLICABLE TO YOUR SOCU MONEY MARKET ACCOUNT
Tiered Variable Rate Information. This Account is subject to a Tiered Variable Rate. For the current dividend rate and corresponding APY, refer to the accompanying Account Disclosure Rate Supplement which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. In order To obtain the disclosed annual percentage yield, You must maintain an average daily balance in Your Account each day at least equal to
$2,500.00.
Transaction Limitations. During any calendar month, You may not make more than six withdrawals from or transfers to another Credit Union Account of Yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction, or by check, draft. debit card, if applicable, or similar order to a third party. II You exceed these limitations, Your Account may be subject to closure by the Credit Union,
SPECIFIC TERMS APPLICABLE TO YOUR PREMIUM MONEY MARKET ACCOUNT
Tiered Variable Rate Information, This Account is subject to a Tiered Variable Rate. For the current dividend rate and corresponding APY, refer to the accompanying Account Disclosure Rate Supplement which We have included with and made a part of this Disclosure.
Minimum Balance Requirements.There are no minimum balance requirements for this Account. You must maintain an average daily balance of $0.01 in Your Account each day to obtain the disclosed Annual Percentage Yield,
Transaction Limitations. During any calendar month, You may not make more than six withdrawals from or transfers to another Credit Union Account of Yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction, or by check, draft, debit card, If applicable, or similar order to a third party. II You exceed these limitations, Your Account may be subject to closure by the Credit Union.
SPECIFIC TERMS APPLICABLE TO YOUR FREE CHECKING ACCOUNT
Dividend Information. No dividends are paid on this Account.
Minimum Balance Requirements, The minimum balance required to open this Account is $50.00. Transaction Limitations. No transaction limitations apply to this Account.
SPECIFIC TERMS APPLICABLE TO YOUR FREE PLUS CHECKING ACCOUNT
Variable Rate Information, This Account is subject to a Variable Rate. For the current dividend rate and corresponding APY, refer to the accompanying Account Disclosure Rate Supplement which We have Included with and made a part of this Disclosure.
Minimum Balance Requirements. The minimum balance required to open this Account is $50.00. You must maintain an average daily balance of $0.01 in Your Account each day to obtain the disclosed Annual Percentage Yield.
Transaction Limitations. No transaction limitations apply to this Account.
SPECIFIC TERMS APPLICABLE TO YOUR CHOICE PLUS CHECKING ACCOUNT
Tiered Variable Rate Information. This Account is subject to a Tiered Variable Rate. For the current dividend rate and corresponding APY, refer to the accompanying Account Disclosure Rate Supplement which We have Included with and made a part of this Disclosure..
Minimum Balance Requirements. The minimum balance required to open this Account Is $50.00. You must maintain an average daily balance of $0.01 in Your Account each day to obtain the disclosed Annual Percentage Yield.
Transaction Limitations. No transaction limitations apply to this Account.
SPECIFIC TERMS APPLICABLE TO YOUR SECOND CHANCE CHECKING ACCOUNT
Dividend Information. No dividends are paid on this Account.
Minimum Balance Requirements. The minimum balance required to open this Account is $50.00. Transaction Limitations. No transaction limitations apply to this Account.
SPECIFIC TERMS APPLICABLE TO YOUR BUSINESS CHECKING ACCOUNT
Tiered Variable Rate Information. This Account is subject to a Tiered Variable Rate. For the current dividend rate and corresponding APY, refer to the accompanying Account Disclosure Rate Supplement which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. There are no minimum balance requirements for this Account. Transaction Limitations. No transaction limitations apply to this Account.
SPECIFIC TERMS APPLICABLE TO YOUR TRADITIONAL IRA, ROTH IRA AND COVERDELL EDUCATION SAVINGS ACCOUNT(S)
Tiered Variable Rate Information, These Account(s) are subject to a Tiered Variable Rate. For the current dividend rate and corresponding APY, refer 10 the separate page titled "Account Disclosure Rate Supplement• which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. There are no minimum balance requirements for this Account(s).
Transaction Limitations. Individual Retirement Accounts are subject to limitations and/or penalties Imposed by the Internal Revenue Service. Please see Your IRA Agreement or Your tax advisor for additional Information,
SPECIFIC TERMS APPLICABLE TO YOUR IRA CERTIFICATE ACCOUNT
Fixed Rate Information. These Accounts are subject to a Fixed Rate. For the dividend rate and corresponding APY, refer to the separate page titled "Account Disclosure Rate Supplement· which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. For the minimum balance required to open this Account, refer to the separate page titled "Account Disclosure Rate Supplement· which We have included with and made a part of this Disclosure. You must maintain a balance equal to the minimum balance required to open Your Account each day to obtain the disclosed annual percentage yield and to keep Your Account open.
Maturity Date. Your Account will mature after the term Indicated on the separate page titled •Account Disclosure Rate Supplement• which We have included with and made a part of this Disclosure.
Early Withdrawal Provisions. We will impose a penalty if You withdraw any of the principal funds before the maturity date. For all Accounts, the penalty imposed will equal 90 days of dividends.
Renewal Policies, Your Account will renew automatically al maturity and You will have a grace period of seven calendar days following the Maturity Date to make deposits and/or withdrawals without penalty.
Transaction Limitations. Individual Retirement Accounts are subject 10 limitations and/or penalties imposed by the Internal Revenue Service. Please see Your IRA Agreement orYour tax advisor for additional information.
SPECIFIC TERMS APPLICABLE TO YOUR HIGH YIELD ANO ADO-ON CERTIFICATE ACCOUNT(S)
Fixed Rate Information. These Accounts are subject to a Fixed Rate, For the dividend rate and corresponding APY, refer 10 the separate page tilled "Account Disclosure Rate Supplement• which We have included with and made a part of this Disclosure.
Minimum Balance Requirements. For the minimum balance required to open this Account, refer to the separate page titled'Account Disclosure Rate Supplement" which We have included with and made a part of this Disclosure. You must maintain a balance equal to the minimum balance required to open Your Account each day to obtain the disclosed annual percentage yield and to keep Your Account open.
Maturity Date. Your Account will mature after the term Indicated on the separate page titled'Account Disclosure Rate Supplement• which We have included with and made a part of this Disclosure.
Early Withdrawal Provisions. We will impose a penalty If You withdraw any of the principal funds before the maturity date. For Accounts with a term lo maturity less than or equal to 12 months, the penalty imposed will be an amount equal to 90 days' dividends. For Accounts with a term to maturity greater than 12 months, the penalty imposed will be an amount equal to 180 days' dividends.
Renewal Policies. Your Account will renew automatically at maturity and You will have a grace period of seven calendar days following the Maturity Date to make deposits and/or withdrawals without penalty.
Transaction Limitations. Except for Add-On Certificate Accounts. once Your Account is established You may not make deposits Into Your Account. For all Accounts. once Your Account is established You may not make withdrawals from Your Account.
GENERAL TERMS APPLICABLE TO ALL ACCOUNTS
Member In Good Standing. The Account services described in these Agreements And Disclosures are available to those members In good standing with the Credit Union. We reserve the right to suspend services to a member who is not in good standing, which includes members that have:
a delinquent loan.
a Member Savings Account balance below the $5.00 minimum.
an unresolved deposited returned check.
unpaid and uncollected credit union fees.
a negative balance on an account. caused a financial loss to the Credit Union.
Non-sufficient Funds Returns. Any check or pre-authorized transfer presented or transaction made through the use of Your ATM or debit Card, or other electronic means, as is applicable (including any in-person transaction), that Is presented to Us for payment on Your Account when Your Account lacks sufficient collected funds to pay any such item may, at Our option, be returned for non-sufficient funds or We may honor any such item and charge You a fee for doing so.
Overdraft Balance Calculation. When processing transactions that debit or credit Your Account, We start each Business Day with Your final Account balance from the preceding Business Day. The final balance takes into account all of the debit and credit transactions that were settled that Business Day pursuant to Our Funds Availability Policy, as well as any other debits or credits to Your Account that were finally settled that day, as described above In the "Deposit of Items" and 'Collection and Processing of Items" sections of the Account Agreement. This starting balance at the beginning of a Business Day (the preceding Business Day's final balance) is sometimes referred to as Your "actual balance."
As credits and debits to Your Account are received by Us, We add them to and subtract them from Your actual balance. Examples of credits Include, but are not limited to, electronic direct deposits, check deposits that have been fully and finally collected, ACH credits that have settled that day, and cash deposits made to one of Our tellers. Examples of debits Include, but are not limited to, checks drawn on Your Account that are presented to Us for payment together with such checks that are returned unpaid and subsequently represented for payment, electronic fund transfer (EFT) debit transactions (such as preauthorized payments and settled EFT debits) and all reinitiated electronic fund transfer (EFT) debit transactions (such as preauthorized payments), memo-posted EFT debits (EFT debits that We have authorized but which have not been settled), and all Credit Union fees and charges. As noted above, these examples are not an exhaustive list and should not be construed as such. The result of this calculation at any given point in time is called Your 'available balance.'
For the purpose of determining whether an overdraft has occurred, We use Your available balance. First, We add all of the settled credit transactions to the beginning actual balance. Then, We subtract all of the debit transactions that settled that day. We also subtract all of the pending debit transactions. This determines the available balance for overdraft purposes. Each debit transaction that We process when Your Account has a negative available balance is an overdraft, subject to an overdraft charge.
Subject to applicable law, You are responsible for paying any overdraft fees and charges assessed in connection with Our payment of an overdraft, as well as any NSF fees charged to Your Account when We dishonor and return a presented Item for non-sufficient funds. It is Your responsibility to know Your Account balance, and if You have any questions You should contact a Credit Union representative.
Minimum Balance Requirements. To be a member and maintain Accounts with Us You must purchase one share in the Credit Union. The par value of a share in this Credit Union is
$5.00. If the balance In Your Account drops below one share ($5.00) for a period of six months or more. We may, al Our option, close Your Account.
Variable Rate Information. For all dividend-bearing accounts, the dividend rate and APY may change each dividend period based on the determination of the Credit Union's Board of Directors.
Nature of Dividends. Dividends are paid from current Income and available earnings, after required transfers lo reserves at the end of a dividend period.
Withdrawal of Dividends Prior to Maturity. For certificate Accounts. the Annual Percentage Yield assumes that Interest remains on deposit until maturity. A withdrawal will reduce earnings.
Additional Transaction Limitations. For all Accounts (except checking and Member Savings Accounts) during any statement period, You may not make more than six withdrawals from or transfers to another Credit Union Account of Yours or to a third party by means of a pre-authorized or automatic transfer or telephonic order or instruction. If You exceed these limitations, Your Account may be subject to closure by the Credit Union.
The Credit Union reserves the right lo require a member intending to make a withdrawal to give written notice of such intent not less than seven days and up to 60 days before any such withdrawal.
Compounding and Crediting. For all dividend bearing Accounts, dividends will be earned daily for each day on which Your balance exceeds the minimum daily balance requirement for Your Account. For all dividend- bearing Accounts the dividend period is Monthly and dividends will be compounded and credited to Your Account Monthly. You will not be paid any accrued but uncredited dividends at the time You close Your Account.
Balance Computation Method. For all dividend-bearing Accounts, dividends are calculated by the daily balance method which applies a dally periodic rate to the entire principal balance in Your Account for each day.
Accrual on Noncash Deposits. For dividend-bearing Accounts, dividends will begin to accrue on the business day that You deposit noncash items (e.g. checks) Into Your Account.
Fees and Charges. Any fees and charges applicable to Your Account are disclosed on the separate page title 'Schedule of Fees and Charges" provided in conjunction with these Agreements and Disclosures.
ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE
THIS IS YOUR ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE. IT INCLUDES NECESSARY FEDERAL DISCLOSURE STATEMENTS AS REQUIRED BY THE ELECTRONIC FUND TRANSFER ACT (15 U.S.C. SECTION 1693 ET SEQ) AND REGULATION E AND ANY SPECIAL INSTRUCTIONS REGARDING THE USE OF YOUR AUTOMATED TELLER MACHINE CARD/ VISA CHECK CARD ("ONE CARD"), OUR AUDIO RESPONSE SYSTEM ("ONE CALL"), OUR PERSONAL COMPUTER ACCOUNT ACCESS SYSTEM ("ONLINE BANKING") AND OUR INTERNET ENABLED MOBILE SYSTEM ("MOBILE DEPOSIT"), EACH WITH THEIR CORRESPONDING PERSONAL IDENTIFICATION NUMBER (PIN) OR ACCESS CODE AND ANY CHECKS YOU AUTHORIZE TO BE PROCESSED ELECTRONICALLY (“E-CHECK”)
ONE CARD, ONE CALL, ONLINE BANKING, MOBILE DEPOSIT AND E·CHECK AGREEMENT. This Agreement applies to any electronic fund transfer made to or from Your Account(s) by You or by any user who has access to Your Account with actual, apparent or implied authority for use of Your Account. Electronic fund transfers to and from Your Account can be made through the use of, but may not be limited to the following; (a) Your Card in Automated Teller Machines (ATMs) or at any place that It Is honored including those transactions made through the use of the appropriate PIN In conjunction with Your Card; (b) Our One Call Audio Response system; (c) Our Online Banking Personal Computer Account Access System; (d) Our Mobile Deposit Internet Enabled Mobile System; and (e) any check which You authorize the payee to process electronically. An electronic fund transfer is any transfer of funds which is performed through the use of Your Card. Our One Call Audio Response System, Our Online Banking Personal Computer Account Access System. Our Mobile Deposit Internet Enabled Mobile System. E·Check or other electronic device. You understand that Your Card and Personal Identification Numbers (PINs) or Access Codes are issued by Us and are not transferable. The use of Your Card, PIN and/or any other Account access device is subject to the following terms. You agree; (a) to abide by Our rules and regulations as amended related lo the use of Your Card. PIN and/or other Account access device; (b) that ATM and Point of Sale ('POS") withdrawals from Your checking Account, savings Account and/or Your Line of Credit that You may have with Us are subject to a maximum daily amount (savings, line of credit and checking combined) to be determined and disclosed to You at the time You receive Your Card, provided You have enough money In Your Accounts; (c) that We may follow all Instructions given to Machines; (d) not to use Your Card for illegal transactions including, but not limited to, advances made for the purpose of gambling and/or wagering where such practices are in violation of applicable state and/or federal law; and (e) that each withdrawal by You or by any authorized user of Your Card or PIN may be charged to Your savings or checking Account. as appropriate. and will be treated as though it were a share withdrawal except that: (1) We may charge withdrawals to Your savings Account in any order We determine; and (2) We cannot honor stop payment requests on ATM and POS withdrawals.
We may, but are under no obligation to do so, process an Electronic Fund Transfer that exceeds the balance in Your savings and/or checking Account. In the event that any such transfer occurs, You agree to immediately pay Us the overdrawn amount and to the extent permitted by law any associated fees and charges.
JOINT ACCOUNTS, If this is a joint Account, You agree to be jointly and severally liable, under the terms of this Agreement. You understand that any Account access device that is requested and approved will be mailed only to the primary accountholder at the address that We have for You on file. We may refuse to follow any instructions which run counter to this provision.
DELAYED FUNDS AVAILABILITY NOTICE. Subject to Our Delayed Funds Availability Policy, deposits made at Service One Credit Union locations may not be posted lo Your Account until they are received and verified by Us. All deposited items are removed from machines each business day. We are not responsible for delays in deposit posting due to improper identification on the deposit envelope. See Our Funds Availability Policy Disclosure for Our policy regarding the availability of Your deposits.
ISSUANCE OF PERSONAL IDENTIFICATION NUMBERS AND ACCESS CODES. You will be issued separate Personal Identification Numbers (PINS) to be used in conjunction with One Card transactions and separate Access Codes lo be used in conjunction with One Call and Online Banking transactions. Your use of Your PIN or Access Code is Your authorization to Us to withdraw funds from Your savings Account or Your checking Account to cover such transactions.
TYPES AND LIMITATIONS OF SERVICES
ONE CARD TRANSACTIONS. You may use Your Card In conjunction with Your PIN in ATMs and/or such other machines or facilities as We may designate to (a) withdraw cash from Your savings or checking Account(s); (b) transfer funds between Your savings and checking Accounts: (c) learn the balances in Your savings and checking Accounts; (d) make deposits to Your savings and checking Account(s); and (e) miscellaneous inquiries on Credit Union services that affect Your Account. You may also use Your Card to make Point of Sale (POS) withdrawals from Your checking Account and to purchase goods and services at any location where the Card is accepted. If You do use Your Card for such transactions, You authorize Us to withdraw funds up to the available balance of Your Account(s) lo cover any such transactions, provided You have available funds. For security reasons, there are limits on the number and amount of transfers You can make using Our One Card service.
ONE CALL TRANSACTIONS. You may use One Call in conjunction with Your Access Code lo make the following types of transactions on designated accounts: (a) telephone transfers of funds from Your savings and checking Account(s); (b) telephone transfer of funds from Your Lines of Credit that You may have with Us to Your savings and checking Account; (c) telephone withdrawal of funds from Your savings and checking Account(s) subject to a $20.00 minimum and $5,000.00 maximum for check withdrawals; (d) except for home equity loans, make payments on Your loan Accounts that You may have with Us from Your savings and checking Account(s); (e) Inquiries on Account balances and loan data; (f) make inquiries on savings/deposit transactions; (g) miscellaneous inquiries on Credit Union services that affect Your Account; and (h) make inquiries on loan Accounts that You may have with Us. One Call operates 24 hours every day. If You attempt to use the system and are told that "the system is not available.· please call back later when service is restored.
ONLINE BANKING TRANSACTIONS. You may use Online Banking in conjunction with Your Access Code and a personal computer for the following services; (a) transfer of funds from Your savings and checking Account (s); (b) obtain advances from Your Lines of Credit that You may have with Us: (c) make payments on Your loan Accounts that You may have with Us from Your savings and checking Account(s): (d) make Inquiries on Account balances and loan data; (e) make inquiries on savings/deposit transactions; (f) access miscellaneous Credit Union services that affect Your Account; and (g) make inquiries on loan Accounts that You may have with Us.
You may also use Online Banking to access the bill payment service that will allow You to authorize the Credit Union lo pay certain payees on Your behalf. In order to use bill payment service, You must have a checking Account at the Credit Union and at least one recurring direct deposit. You may access the bill payment service through Online Banking to authorize payment dates and amounts. By completing a bill payment transaction via Online Banking, You authorize Us to post any such payments to Your checking Account. Payments will be made by check or electronic means, and may take as long as five business days from the date requested to be sent to the payee. The Credit Union cannot guarantee the time any payment will reach any of Your payees and accepts no liability for any service fees or late charges levied against You.
MOBILE DEPOSIT TRANSACTIONS. At the present time, You may use Mobile Deposit in conjunction with Your Access Code and an internet enabled smartphone and/or mobile computing device (e.g. tablet) for the following services; (a) deposit checks to Your savings and checking Accounts that You may have with Us; and (b) make payments on Your loans, excluding lines of credit and credit card accounts, that You have with Us.
You may also use the Mobile Deposit platform to access the Remote Deposit system to Initiate the deposit of checks into Your savings and checking Account(s) You have with Us by using an internet enabled mobile computing device (e.g. smartphone or tablet), an imaging application/device, special software and an Access Code and/or User ID. You understand and agree that the remote deposit of Items into Your deposit accounts with Us through use of Remote Deposit are not subject to the Electronic Fund Transfer Act (15 U.S.C. § 1693 et seq.) or Regulation E (12 CFR 1005.1 et seq.). The remote deposit of Items into Your designated deposit accounts with Us is Instead governed solely by the terms and conditions set forth in the separate remote deposit capture agreement.
E·CHECK TRANSACTIONS. You may authorize a merchant or other payee lo make a one-time electronic payment from Your checking Account using information from your check ('E·Check') to; (a) pay for purchases; or (b) pay bills.
OWNERSHIP OF ACCESS DEVICES. Your Card and/or any other Account access device will remain Our property and any such Card or other Account access device We may issue may be cancelled or its use restricted by Us at any time without notice, except as may be required by applicable law. You agree to surrender any such Card and/or access device and to discontinue its use Immediately upon Our request. You will be required to return any Account access device(s) to Us immediately upon the closing of Your Account.
NOTIFICATION OF PRE·AUTHORIZED DEPOSITS. If You have arranged to have direct deposits made to Your Account at least once every 60 days (from Your employer, the Federal government or other payor), You can call Us at (270) 796-8500 lo find out whether or not the deposit has been made.
RIGHT TO STOP PRE•AUTHORIZED PAYMENTS. If You want to slop any pre-authorized payments, call Us at (270) 796·8500 or write Us at the address shown In this Agreement in time for Us to receive Your stop payment request 3 business days or more before the payment is scheduled to be made. If You call, We may also require You to put Your request in writing and get it to Us within 14 days after You call. To be sure that a third party does not bill You again for the "stopped' payment or to cancel the entire pre-authorized payment arrangement. contact the third party.
OUR LIABILITY FOR FAILURE TO STOP PAYMENT. If You order Us to place a stop payment on one of Your pre-authorized payments three business days or more before the transfer is scheduled. and We do not do so. We will be liable for losses or damages, to the extent provided by law.
TRANSACTION SLIPS. You can get a receipt at the time You make any transaction to or from Your Account (except Telephonic and mail-in transactions). When an electronic transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at feast quarterly.
FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, One Call and Online Banking information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used. and You may be charged a fee for a balance Inquiry even if You do not complete a fund transfer.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough money to make the transaction through no fault of Ours; (b) the ATM where You are making the transaction does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction; (e) Your Card is retrieved or retained by an ATM; or (f) Your Card or PIN has been reported lost or stolen and We have blocked the Account.
LIABILITY FOR UNAUTHORIZED USE. Telephone Us at once at (270) 796-8500 or write Us at the address shown in this Agreement if You believe Your Card, PIN or Access Code have been lost or stolen. or if you believe that an electronic fund transfer has been made without Your permission using information from Your check. Telephoning is the best way of keeping Your possible losses down. If You tell us within two business days after You learn of the loss or theft of Your Card or PIN, You can lose no more than $50.00 if someone uses Your Card or PIN without Your permission. If You fail to tell Us within two business days after You learn of the loss or theft of Your Card or PIN and We can prove that We could have slopped someone from using Your Card or PIN without Your permission If You had told Us, then You could lose as much as $500.00. Additionally, if Your periodic statement shows transfers that You did not make, including those made by Card, PIN or other means, You will tell Us at once. If You fail to tell Us within 60 days after We mail You the first periodic statement on which the transfer appears, You could lose the entire Account balance if We can prove We could have stopped someone from taking Your money if You had given Us notice in time. If a valid reason (such as a long trip or hospital stay) keeps You from giving Us notice, We will extend the time periods. Exception: You will have no liability for unauthorized use for Your One Card as long as You report the loss or theft of Your One Card within two business days. If You report such loss or theft after two business days, or provide proper notification of other unauthorized One Card transactions, Your liability for unauthorized use will not exceed $50.00. These exceptions do not apply to transactions originating al an ATM or from Your gross negligence and/or fraudulent use of Your One Card.
IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC TRANSFERS. Call Us at (270) 796-8500 or write Us at the address shown in this Agreement as soon as You can, ii You think Your statement or receipt Is wrong or if You need more information about a transaction listed on the statement or receipt. We must hear from You no later than 60 days after We send You the first statement on which the problem or error appeared.
Tell Us Your name and Account number.
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.
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 1O business days. We wilt determine whether an error occurred within 10 business days after We hear from You and will correct any error promptly. If We need more time, however, We may take up to 45 days to investigate Your complaint or question. If We decide to do this, We wilt credit Your Account 10 business days for the amount You think Is in error, so that You will have the use of the money during the time it takes Us to complete Our investigation. If We ask You to put Your complaint or question in writing and We do not receive it within 1 business days, We may not credit Your Account. We will tell You the results within three business days after completing Our investigation. If We decide that there was no error, We will send You a written explanation. You may ask for copies of the documents that We used In Our investigation. If We have credited Your Account with funds while investigating an error, We will charge Your Account for those funds if We conclude no error has occurred. In this provision, all references to 10 business days will be 20 business days if Your notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to Your Account was made and all references to 45 business days will be 90 business days If Your notice of error Involves an electronic fund transfer that: (a) was not initiated within a state; (b) resulted from a point-of-sale debit card transaction; or (c) if Your notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to Your Account was made.
UNAUTHORIZED TRANSFERS. To report a lost or stolen Card, PIN, Access Code or any combination thereof, You will call Us at (270) 796-8500 or (866) 820-8860. You may also report the loss of a Card, PIN, Access Code or any combination thereof, by writing to Us at the address shown In this Agreement. You should also call the number or write to the address listed above if You believe a transfer has been made using the information from Your check without Your permission.
FOREIGN TRANSACTIONS. For transactions initiated In foreign currencies, the exchange rate between the transaction currency and the billing currency (U.S. dollars) will be: (a) a rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date. which rate may vary from the rate VISA itself receives: or (b) the government-mandated rate in effect for the applicable central processing date. In each instance, plus or minus any adjustment determined by the Credit Union. Transactions initiated via the internet with merchants or other parties located outside of the United States of America are deemed to occur in the foreign country where the merchant or other party is located.
DISCLOSURE OF ACCOUNT INFORMATION. We may disclose information to third parties about Your Account or transfers You make: (1) when 1t is necessary to complete an electronic transaction; or (2) in order to verify the existence and conditions of Your Account for a third party such as a credit bureau or merchant: or (3) in order to comply with a government agency or court order, or any legal process; or (4) if You give Us written permission.
TERMINATION. We may terminate Your right to use Your Card, PIN or Access Code or cancel this Agreement at any time upon written notice. You may request termination of these services in writing.
CHANGE IN TERMS. We may change the terms and charges for the services shown In this Agreement and may amend this Agreement from time to time.
BUSINESS DAYS. Every day Is a business day except Saturdays, Sundays and holidays.
GOVERNING LAW. This Agreement is controlled and governed by the laws of the State of Kentucky except to the extent that such laws are inconsistent with controlling federal law.
FUNDS AVAILABILITY POLICY DISCLOSURE
THIS DISCLOSURE DESCRIBES YOUR ABILITY TO WITHDRAW FUNDS FROM YOUR TRANSACTION ACCOUNTS AT SERVICE ONE CREDIT UNION. YOU SHOULD ALSO REFER TO THE SECTION OF THESE AGREEMENTS AND DISCLOSURES THAT DESCRIBES THE DETAILS OF YOUR SPECIFIC ACCOUNT TYPE FOR ADDITIONAL INFORMATION.
Deposits at Non-Credit Union Locations. This availability policy only applies to funds deposited at Service One Credit Union locations. Please inquire for information about the availability of funds deposited at other locations.
General Policy. Our general policy is lo make funds from Your deposits available to You on the same day We receive Your deposit. Electronic direct deposits will be available on the same day of deposit. Once they are available. You can withdraw the funds and We will use the funds to pay checks that You have written. For determining the availability of Your deposits, every day is a business day, except Saturdays, Sundays and federal holidays. If you make a deposit before the one-minute period prior to closing on a business day that We are open, We will consider that day to be the day of Your deposit. However, if You make a deposit after the one-minute period prior to closing or on a day that We are not open, We will consider the deposit made on the next business day We are open.
Reservation of Right to Hold. In some cases, We will not make all the funds You deposit by check available to You on the same day We receive Your deposit. Depending on the type of check You deposit, funds may not be available until the 2nd business day following the day of Your deposit. However, the first $225.00 of Your deposit will be available on the 1st business day after the day of Your deposit. If We are not going to make all the funds from Your deposit available on the same business day We receive Your deposit, 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 decided to take this action after You have left the premises, We will mail You the notice by the next business day after We receive Your deposit. If You will need the funds from a deposit right away, You should ask Us when the funds will be available. Any request for payment against funds on which a hold has been placed will be returned unpaid.
Holds on Other Funds. If We accept for deposit a check that is drawn on another bank, We may make funds from the deposit available for withdrawal Immediately but delay Your availability to withdraw a corresponding amount of funds that You have on deposit In another Account with Us. The funds in the other Account would then not be available for withdrawal until the time periods that are described elsewhere In this disclosure for the type of check that You deposited.
Longer Delays May Apply. We may delay Your ability to withdraw funds deposited by check into Your Account an additional number of days for the following reasons:
We believe a check You deposit will not be paid.
You deposit checks totaling more than $5,525.00 on any one day.
You deposit a check that has been returned unpaid.
You have overdrawn Your Account repeatedly in the last six months.
There is an emergency, such as failure of communications or computer equipment.
We will notify You if We delay Your ability to withdraw funds for any of these reasons, and We will tell You when the funds will be available. They will generally be available no later than the 7th business day after the day of Your deposit.
In any case, We reserve the right to refuse an item for deposit or encashment.
Location of Check Endorsements. Federal law now requires all check endorsements to be in the first 1-1/2 Inches of the trailing edge of the back of the check. The trailing edge Is opposite the left side of the face of the check, the side of the check just behind Our address. You will be responsible for any costs Incurred by Us due to delays in returning checks deposited into Your Account that do not comply with the endorsement standards.
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 deposits to Your Account will be available on the day We receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525.00 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the 1st business day after the day of Your deposit if the deposit meets certain conditions. For example, the checks must be payable to You (and You may have to use a special deposit slip). The excess over $5,525.00 will be available on the 9th 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 $5,525.00 will not be available until the 2nd business day after the day of Your deposit. Funds from all other check deposits will be available on the 9th business day after the day of Your deposit.
Dividend Payment Policy. See the Account Disclosures section in this disclosure for Our policy on the payment of dividends.
WIRE TRANSFER AGREEMENT
THESE ARE THE TERMS AND CONDITIONS WHENEVER YOU REQUEST A WIRE TRANSFER OF FUNDS FROM YOUR ACCOUNT(S) WITH US BASED UPON YOUR ORAL OR WRITTEN REQUEST. WE WILL PROVIDE WIRE TRANSFER SERVICES AS A MEANS TO INITIATE DOMESTIC AND INTERNATIONAL TRANSFERS FOR YOU, SUBJECT TO THE TERMS OF THIS AGREEMENT, WHICH YOU AGREE TO BY SIGNING YOUR APPLICATION FOR MEMBERSHIP WITH US AT THE TIME THAT YOUR ACCOUNT WAS ESTABLISHED.
This Wire Transfer Agreement applies to wire transfers that are not "Remittance Transfers" as defined in the Electronic Fund Transfer Act (15 U.S.C. 16930-1) and Regulation E. Subpart B (12 CFR 1005.30 el seq.).
We are authorized to charge Your Account for the payment of wire transfer requests. If more than one Account(s) is designated, We may charge any of the designated Accounts unless You give Us specific written directions otherwise. Your transfer requests may involve the transfer of funds from any of Your designated Accounts with Us to another account You have with Us, to any other financial institution, or to a third party or account of a third party maintained with Us or any other financial institution. Except as provided by applicable law, there
are no restrictions or limitations on the amounts which may be ordered or requested, or on the location or address of the beneficiary of a transfer unless You give Us written instructions to the contrary.
The party(les) named in Your application for membership are the Authorized Persons who may issue payment orders to Us for the initiation of wire transfers or to receive telephone calls from Us, in accordance with this Agreement, for the purpose of confirming payment orders for the initiation of wire transfers which have been transmitted to Us under this Agreement for any Account designated in Your application for membership. For confirmation purposes, We may call any party designated in Your application for membership. If more than one Authorized Person is named, any one of them may issue payment orders on any designated Account.
Wire transfer requests must be given to Us in compliance with Our cut-off hours as established from time to time by Us. We are not responsible for the accuracy of a routing number which You supply verbally and which is contained In Your wire transfer request. Wire transfer requests received by Us after Our cut-off hours may be treated as If received on the following business day.
We have no obligation to accept or execute any wire transfer request. We will provide You telephonic notice of rejection. If We are unable to reach You by telephone, We may at Our option give You notice of rejection in writing.
If We accept a wire transfer request consistent with this Agreement, You agree that any such transfer requests which We receive are effective as Your transfer request, whether or not authorized.
You will have no right to cancel or amend a payment order to initiate a wire transfer after We receive it. We will make a reasonable effort to act on a cancellation or amendment of a payment order made by You prior to the time that We execute such payment order, but We have no liability if Your cancellation or amendment is ineffective.
You agree to re-execute this Agreement or to execute a new agreement if changes are necessary. Your application for membership designates any Account which may be charged in relation to wire transfer requests. All parties which You have authorized to Issue wire transfer requests or to receive telephonic confirmations from Us are Identified in Your application for membership. All modifications or additions to Your application for membership must be in writing.
You agree to pay Us the amount of any transfer request which We transmit pursuant to this Agreement when We execute a payment order to carry out Your wire transfer request. You will not make any wire transfer request which would cause You to exceed the available balance in the Account designated to pay the transfer request. If a payment order Is executed which creates an overdraft, with or without Our prior consent, You agree to pay Us the overdraft amount and any overdraft fee immediately upon Our demand. We have the right to set•
off the amount of any overdraft against the balance in any of Your accounts with Us and We may exercise any rights We have under any agreements which grant Us security for the payment of Your liabilities or obligations to Us.
You understand and agree that the payment of a wire transfer request may be made by Us or any other financial institution used to carry out the transfer request on the basis of an Identifying or account number which You have provided for a beneficiary, even if the number identifies a person different from Your Intended beneficiary. You also understand and agree that We or any other financial institution used to carry out a transfer request, may rely on the Identifying number of the Intermediary or beneficiary's financial institution which You have provided as the proper identification of the intermediary or beneficiary's financial Institution, even if the number identifies a financial institution different from the one You intended to identify. We or any other financial institution are not responsible for determining whether any identifying or account numbers You have provided to initiate a wire transfer are accurate. You will be liable to Us for the amount of any transfer request even if payment of the transfer request is made to a person different from the named beneficiary based upon
the beneficiary's identifying or account number provided by You or payment of the transfer request Is made to a financial institution different from the one identified by name based on the identifying number which You have provided to Us.
You agree to examine any statement or confirmation which We send You and to notify Us within 30 days after the mailing date on any statement or confirmation, of any discrepancy or error. If You fail to notify Us of any discrepancy or error within the required time period, You agree that We are not liable to pay Interest or reimburse You for any discrepancy or error in relation to a transfer request described in such statement or confirmation.
You and the Credit Union agree that the following specified security procedures represent a commercially reasonable method of providing security against unauthorized payment orders: (a) Only individuals named In Your application for membership shall issue wire transfer requests to Us; and (b) We reserve the right to telephonically contact any individual named In Your application for membership for the purpose of confirming a transfer request, regardless of amount, although We have no obligation to do so. If We cannot obtain a confirmation satisfactory to Us, then We reserve the right to refuse to honor any wire transfer request.
We have no responsibility to verify the identity of any party identifying themselves as an Individual authorized to receive a telephonic confirmation of any wire transfer request, other than to verity that the name given by such party corresponds to a party named In Your application for membership. If, for any reason, We are not satisfied that a wire transfer request was issued by an authorized party or confirmed by an authorized party, We may refuse to execute the transfer request. If We do so, We shall not incur any liability of any nature. You agree to prevent disclosure, other than on a need-to-know basis, of any of the aspects of the security procedures which You have agreed to with Us. You will notify Us immediately if You believe the confidentiality of the security procedures has been compromised and You shall act to prevent the security procedures from being further compromised.
We have no liability of any nature for delays or mistakes, provided We act in good faith and with reasonable care. We are not responsible for delays or mistakes caused by other parties through whom We transmit funds whether such other parties were selected by You or Us. We are not required to make a wire transfer on the day a wire transfer request is received, unless the wire transfer request is received within a reasonable time before any cut-off hour We have established. We will generally use the funds transfer system, but We may use any means and routes that We, In Our sole discretion, consider suitable for the transmission of funds.
You agree that We have no liability and are not responsible for any delay or failure to transfer any amount specified in any wire transfer request because of rules.regulations, or policies of the Federal Reserve Board which limits, In the aggregate, the amount We can transfer from time to time during any business day, provided, however, that We will promptly notify You of any such failure or delay and will effectuate the transfer as soon as is reasonably possible.
We shall have no liability whatsoever for any special, consequential, punitive, or indirect loss or damage suffered by You in connection with services offered by Us which are subject to this Agreement, regardless of whether We know or should have known such damages might be incurred. We have no responsibility for any attorneys' fees that You might incur.
We may terminate this Agreement at any time by giving written or oral notice to You. Unless We terminate this Agreement, the Agreement shall remain in effect until We receive written notice of termination from You and have been afforded a reasonable opportunity to act on Your termination notice. You may not assign this Agreement to any other party.
This Agreement Is governed by the provisions of Regulation J, 12 CFR Part 210, Subpart B, including the Appendices, to the extent that any wire transfer request is carried out. Terms which are not defined In this Agreement shall have the same meaning as defined in the Uniform Commercial Code Article 4A. This Agreement Is also subject to all applicableOperating
Circulars of the Federal Reserve Bank in the district In which We are located and any other applicable provisions of federal or state law. To the extent that Regulation J does not apply to this Agreement, this Agreement shall be governed by the laws of the state in which We are chartered.
We may amend this Agreement, from time to time, by sending You a copy of any amendment at least 30 days prior to its effective date. This Agreement may also be amended by a writing signed by You and Us. No representation or statement not expressly contained in this Agreement or In any amendment shall be binding upon You or Us.
If any provision of this Agreement is prohibited by applicable law, such prohibition shall apply only to that provision and all other provisions of the Agreement shall remain in full force and effect.