Electronic Services Agreement

ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE

THIS IS YOUR ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE. IT INCLUDES NECESSARY FEDERAL 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 ATM CARD, DEBIT VISA,  AND OUR PERSONAL COMPUTER ACCOUNT ACCESS SYSTEM (“ONLINE BANKING”) EACH WITH THEIR CORRESPONDING PERSONAL IDENTIFICATION NUMBER (PIN) OR ACCESS CODE AND ANY CHECKS YOU AUTHORIZE TO BE PROCESSED ELECTRONICALLY (“E-CHECK”).

ATM CARD, DEBIT VISA, ONLINE BANKING PERSONAL COMPUTER ACCOUNT ACCESS SYSTEM 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 ATM Card and Debit Visa 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 ATM Card and Debit Visa; (b)  Our Online Banking Personal Computer Account Access System; and (c) 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 ATM Card, Debit Visa, E-Check, Our Online Banking Personal Computer Account Access System, or other electronic device. You understand that Your Card and any 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 to the use of Your Card, PIN and/or other Account access device; (b) that We may follow all instructions given to machines; (c) 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 (d) that each withdrawal by You or by any authorized user of Your Card or PIN may be charged to Your Share or Share Draft Account, as appropriate, and will be treated as though it were a share withdrawal except that: (1) We may charge withdrawals to Your Share Account in any order We determine; (2) We cannot honor stop payment requests on ATM Card, Debit Visa, and POS withdrawals.

We may, but are under no obligation to do so, process an Electronic Fund Transfer that exceeds the balance in Your Share and/or Share Draft 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 Evansville Firefighters FCU may not be posted to 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 ATM Card and Debit Visa transactions and separate Access Codes to be used in conjunction with Online Banking transactions. Your use of Your PIN or Access Code is Your authorization to Us to withdraw funds from Your share Account or Your share draft Account to cover such transactions.

TYPES AND LIMITATIONS OF SERVICES

ATM CARD AND DEBIT VISA 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 share or share draft Account(s); (b) transfer funds between Your share and share draft Accounts; and (c) learn the balances in Your deposit Accounts that You have with Us. You may also use Your Card to make Point of Sale (POS) withdrawals from Your share draft 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) to cover any such transactions, provided You have available funds.

ONLINE BANKING TRANSACTIONS. You may use Online Banking in conjunction with Your Access Code, an internet connection, a personal computer or an internet enabled mobile computing device (e.g. smartphone or tablet) for the following services: (a) Make inquiries about Your share, share draft and certificates Accounts and/or loan and line of credit accounts with the Credit Union; (b) Make payments on Your loan Accounts with Us through a transfer of funds from Your share or share draft Accounts; (c) Access Our Bill Payer Service; and (d) Make transfers of funds to and from Your share and share draft Accounts and/or line of credit account.

You may also use Our Online Banking Personal Computer Account Access System to pay certain payees on Your behalf. By completing a Bill Payment transaction, you authorize Us to post any such payments to Your share draft Account. Any fees for the use of this service will automatically be charged to Your share draft Account. Bill Payment payments will be made by share draft 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.

E-CHECK TRANSACTIONS. You may authorize a merchant or other payee to make a one-time electronic payment from Your 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 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 (812) 424-9396 to find out whether or not the deposit has been made.

RIGHT TO STOP PRE-AUTHORIZED PAYMENTS. If You want to stop any preauthorized payments, call Us at (812) 424-9396 or write Us at the address shown in this Agreement in time for Us to receive. Your stop payment request three business days or more before the payment is scheduled to be made.  Please provide us with the name of the payee and the amount of the payment you wish to stop. 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.

To ensure that recurring preauthorized charges established and authorized by You are not interrupted in the event that Your Card or other Access Device is reissued, We may, but are under no obligation to do so, enroll Your account in automatic account information update services that communicate new Card/Access Device information to the service providers with whom You have established preauthorized recurring charges, the purpose of which is to ensure charges You authorize continue without interruption.

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 for Online Banking). 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 least 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 and Telephone Banking 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 (812) 424-9396 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. You could lose all of the money in Your Account (plus Your maximum overdraft line of credit, if applicable). If You tell Us within 2 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 2 business days after You learn of the loss or theft of Your Card or PIN and We can prove that We could have stopped 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 Debit Visa as long as You report the loss or theft of Your Debit Visa within 2 business days. If You report such loss or theft after 2 business days or provide proper notification of other unauthorized Debit Visa transactions, Your liability for unauthorized use will not exceed $50.00. These exceptions do not apply to transactions originating at an ATM or from Your gross negligence and/or fraudulent use of Your Debit Visa.

IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC TRANSFERS. 

If you believe an error has occurred in your electronic fund transfer (EFT), you must notify us as soon as possible. We will investigate and resolve all oral or written notices of error received no later than 60 days after we send the periodic statement on which the error first appeared.

1. How to Notify Us of an Error

• You may notify us orally or in writing.
• If you notify us orally, we may require that you send us a written confirmation of your complaint or question within 10 business days to the address we provide.

2. Our Investigation Process

• We will investigate your complaint or question promptly.
• We will determine whether an error occurred within 10 business days after we hear from you.
• If more time is needed, we may take up to 45 calendar days to investigate, provided that within 10 business days we:
  • Provisionally credit your account for the amount in question,
  • Notify you of the credit and your right to access the funds, and
  • Provide you with full use of the provisionally credited funds during our investigation.

 

3. Special Rule for New Accounts and Certain Transactions

• We may take up to 90 calendar days to investigate errors involving:
  • New accounts (first 30 days opened),
  • Point-of-sale debit card transactions, or
  • Foreign-initiated transfers.
• In such cases, we will still provisionally credit your account within 20 business days after receiving your notice of error, if more time is needed to complete our investigation.

4. Resolution and Notification

• If we determine an error occurred, we will correct the error within one business day and notify you in writing.
• If we determine no error occurred:
  • We will send you a written explanation,
  • You may request copies of the documents we relied upon in making our determination.
• If provisional credit was given and no error is found, we may reverse the credit after notifying you and allowing sufficient time to withdraw the funds.

UNAUTHORIZED TRANSFERS. To report a lost or stolen Card, PIN, Access Code, or any combination thereof, you will call Us during regular business hours at (812) 424-9396 and after hours at (855) 472-7385. You may also write to Us to report the loss of a Card, PIN, Access Code, or any combination thereof, 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.

DISCLOSURE OF ACCOUNT INFORMATION. We may disclose information to third parties about Your Account or transfers You make: (1) when it 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 Indiana except to the extent that such laws are inconsistent with controlling federal law.

 

Evansville Firefighters Federal Credit Union

312 N. 4th Ave

Evansville, IN 47710

(812) 424-9396