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 ANY SPECIAL INSTRUCTIONS REGARDING THE USE OF YOUR VISA DEBIT CARD ("CARD"), OUR AUDIO RESPONSE SYSTEM ("PHONE BANKING"), AND OUR INTERNET ACCOUNT ACCESS SYSTEM ("DIGITAL BANKING") EACH WITH THEIR CORRESPONDING PERSONAL IDENTIFICATION NUMBER (PIN) OR ACCESS CODE, AND ANY CHECKS YOU AUTHORIZE TO BE PROCESSED ELECTRONICALLY ("E-CHECK").
VISA DEBIT CARD, PHONE BANKING, DIGITAL BANKING, 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. An electronic fund transfer is any transfer of funds which is performed through the use of Your Card, Our Phone Banking system, Our Digital Banking system, E-Check or other electronic device. 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 Phone Banking system; (c) Our Digital Banking system; and
(d) any check which You authorize the payee to process electronically. 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; 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 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. For security reasons there are limits on the number of transactions that may be processed each day.
ISSUANCE OF PERSONAL IDENTIFICATION NUMBERS AND ACCESS
CODES. You will be issued a Personal Identification Number (PIN) to be used in conjunction with Your VISA Debit Card, and separate Access Codes to be used in conjunction with Phone Banking and Digital Banking. 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.
OTHER AGREEMENT. If electronic fund transfer transactions involve other agreements You have with Us, the terms of those agreements will apply as well.
BUSINESS DAYS. Every day is a business day except Saturdays, Sundays and holidays.
FUNDS AVAILABILITY NOTICE. Subject to Our Funds Availability Policy, deposits may not be posted to Your Account until they are received and verified by Us. We are not responsible for delays in deposit posting due to improper identification. See Our Funds Availability Policy Disclosure for Our policy regarding the availability of Your deposits.
TYPES AND LIMITATIONS OF SERVICES
VISA DEBIT CARD TRANSACTIONS. You may use Your Card in conjunction with Your PIN in any of Our network of ATMs and such other machines or facilities as We may designate, to deposit cash and checks to Your savings and checking Account(s). You may also use Your Card in conjunction with Your PIN in any of Our network of ATMs and such other machines or facilities as We may designate to make the following transactions: (a) withdraw cash from Your savings and checking Account(s); (b) transfer funds between Your savings and checking Account(s); and
(c) make miscellaneous inquiries on Your savings and checking balances. You may also use Your Card in conjunction with Your PIN, to purchase goods and services ("POS") at any business establishment where the Card is accepted.
ATM withdrawals may not exceed an aggregate total of $600.00 per calendar day (savings, checking and line of credit combined), subject to the available funds in Your Account.
POS withdrawals may not exceed an aggregate total of $2,500.00 per calendar day (savings, checking and line of credit combined), subject to the available funds in Your Account.
PHONE BANKING TRANSACTIONS. If We approve Phone Banking for Your Accounts, You may use Phone Banking in conjunction with Your Access Code and a touch-tone telephone to make the following types of transactions: (a) make check withdrawals from Your share Account(s); (b) transfer funds from Your share Account(s) to other Credit Union Account(s) that You have designated; (c) make balance inquiries on Your share and share draft Account(s) with Us; (d) obtain the date and amount of Your last payroll deposit; and (e) determine whether an item has posted to Your Account. Phone Banking 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.
DIGITAL BANKING TRANSACTIONS. You may use Digital Banking in conjunction with Your Access Code, an internet connection and a personal computer for the following services: (a) transfer funds between Your Accounts; (b) make payments on Credit Union loans; (c) make check withdrawals from Your Account(s); and (d) make miscellaneous inquiries on Your Credit Union deposit and loan balances, deposits, withdrawals and transactional information. Digital Banking operates 24 hours every day. If You attempt to use the system and receive a message that "the system is not available," please try again later when service is restored.
Through the use of the Digital Banking platform, You may access Bill Pay to initiate the following transactions on designated accounts: (a) authorize the Credit Union to issue payments to preauthorized creditors on Your behalf; (b) check the status of payments previously authorized through the Bill Pay system; and (c) transfer funds from Your share to Your share draft account. In order to use Bill Pay for such transactions, You must have a linked Account with Us. By completing a Bill Pay transaction, You authorize Us to post any such payments to Your linked Account. Payments will be made by check or electronic transfer and will be sent to the payee on the business day You designate it to be sent. Requests for payments to be sent on the same day as the date of Your request must be received by Us not later than the cut-off time for the current business day in order for it to be sent that business day. If You schedule a payment to be paid before closing on a business day that We are open, We will consider that day to be the day of Your request. However, if You schedule a payment to be paid after closing or on a day We are not open, We will consider that the request was made on the next business day We are open. 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. Payments requested to be sent on dates that do not exist in a given month (e.g. February 30th or April 31st), or fall on Saturdays, Sundays, federal reserve and other Credit Union observed holidays will also be sent on the prior business day.
E-CHECK TRANSACTIONS. You may authorize a merchant or other payee to make a one-time electronic payment from Your share draft 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 (570) 961- 5300 to find out whether or not the deposit has been made.
RIGHT TO STOP PRE-AUTHORIZED PAYMENTS. If You want to stop any pre- authorized payments, call Us at (570) 961-5300 or write to Us at 119 Mulberry Street, Scranton, PA 18503, 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.
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 3 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 Phone Banking, Digital Banking, mail-in transactions, and certain small-value 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 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 Phone Banking and Digital Banking information after Your Account is established. Additional fee schedules are available at Our office. 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 funds 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 available funds 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 despite reasonable precautions that We have taken; (e) Your Card is retained by an ATM; (f) Your Card or PIN has been reported lost or stolen and We have blocked the Account;
(g) the money in Your Account is subject to legal process or other claim; (h) there are other lawful exceptions established by Us and You are given proper advance notice of them; (i) You exceed any limits on Your Account and (j) the VISA Debit Card network does not allow the transaction to proceed due to anti-fraud or similar consumer protections employed by that network.
LIABILITY FOR UNAUTHORIZED USE. Telephone Us at once at (570) 961-5300 or write to Us at the address shown in this Agreement if You believe Your Card or PIN 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 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 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 transactions that You did not make, You will tell Us at once. If You fail to tell Us within 60 days after We mail You the periodic statement, You might not get back any money You lost after the 60 days 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 of Your VISA Debit Card as long as You report the loss or theft of Your VISA Debit Card within two business days. These exceptions do not apply to: (a) transactions that originate at an ATM; or (b) transactions that originate from Your gross negligence; or (c) transactions that originate from Your fraudulent use of Your VISA Debit Card; or (d) transactions processed through non-VISA networks without cardholder PIN validation.
IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC
TRANSFERS. Telephone Us at (570) 961-5300 or write to Us at 119 Mulberry Street, Scranton, PA 18503 as soon as You can, if 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.
(1) Tell Us Your name and Account number.
(2) 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.
(3) 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 10 business days.
We will 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 will credit Your Account within 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 10 business days, We may not credit Your Account.
For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, We may take up to 90 days to investigate Your complaint or question. For new Accounts, We may take up to 20 business days to credit Your Account for the amount You think is in error.
We will tell You the results within 3 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.
UNAUTHORIZED TRANSFERS. To report a lost or stolen Card, PIN, Access Code or any combination thereof, You will call Us at (800) 472-3272. You may also report the loss of a Card, PIN, Access Code or any combination thereof, by writing to Us at 119 Mulberry Street, Scranton, PA 18503. 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 countries and 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. For transactions that are initiated in a foreign currency, You will be charged 1.00% of the final settlement amount. For transactions occurring in foreign countries and initiated in U.S. Dollars, You will be charged 1.00% of the final settlement amount. 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 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 also request termination of these services.
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 upon proper notice to You.
GOVERNING LAW. This Agreement is controlled and governed by the laws of the Commonwealth of Pennsylvania, except such laws are inconsistent with controlling federal law.