Electronic Funds Disclosure

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Electronic Funds Disclosure
Virtual Branch Internet Service Electronic Fund Transfers
Disclosure and Agreement

Dow Great Western Credit Union
P.O. Box 2059, Antioch, CA 94531
(925)331-1010

By accessing the Virtual Branch Internet Services, you acknowledge electronic receipt of the Credit Union’s Virtual Branch Internet Service Electronic Funds Transfer Disclosure and Agreement. You agree that you have read this Agreement in its entirety and will abide by its terms and conditions. You understand that the Credit Union will not provide you with an additional paper (non-electronic) copy of this Agreement unless you specifically request it.

This Virtual Branch Internet Service Electronic Funds Transfer Disclosure and Agreement as amended from time to time (“Agreement”) sets forth the terms and conditions governing the use of Dow Great Western Credit Union’s “BankIT” and “PayIT” services (collectively “Virtual Branch Internet Service”). Disclosure information that applies to BankIT and PayIT services offered by Dow Great Western Credit Union is given below. Please read this Agreement completely and retain it with your personal records. By using, or allowing another person to use, the Virtual Branch Internet Service BankIT and PayIT services offered by Dow Great Western Credit Union, you are agreeing to be bound by the terms and conditions of this Agreement.

In this Agreement, the terms “you” and “your(s)” refer to the member, and the terms “we”, “us”, “our(s)” and “Credit Union” refer to Dow Great Western Credit Union. All agreements and disclosures shall be construed in accordance with the provisions of the California Uniform Commercial Code (UCC). This Agreement is incorporated by this reference and becomes a part of Dow Great Western Credit Union’s Electronic Funds Transfer Disclosure and Agreement effective December 1, 2000. All other terms and conditions of your Electronic Funds Transfer Disclosure and Agreement, as amended, remain in force.

Who is Bound by this Agreement
Each person (“signer”) who completes the online Virtual Branch Internet Service Application, accesses the online Virtual Branch Internet Service, enters their User I.D. Number and Security Code, or signs a Virtual Branch Internet Service Application agrees to be bound by the terms and conditions of this Agreement. If more than one-person signs the Application, completes the Application, or accesses the Virtual Branch Internet Service, all signers are jointly and severally liable. The Credit Union can waive or delay enforcement of its rights as to one signer without affecting its ability to enforce its rights as to the other signers. The Agreement is also binding upon your heirs, personal representatives and successors.

Signatures
By accessing the system or authorizing anyone else to access the system, and/or by signing the application, you agree to be bound by the terms and conditions of the Agreement.

Right to Receive Documentation of Transactions
You will receive a monthly account statement reflecting all of your transactions unless there is no activity in a particular month. In any case you will receive a statement at least quarterly. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (925) 331-1010 to find out whether or not the deposit has been made. If the only possible transfers to or from your account are direct deposits or pre-authorized deposits, you will get at least a quarterly statement from us.

Your Liability for Lost, Stolen or Unauthorized Transactions Involving Your PIN or Access Code
Tell us AT ONCE if you believe your Personal Identification Number (PIN) or Access Code has been lost or stolen, or if you believe that an electronic 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 the money in your account (plus your maximum overdraft line of credit if you have one with us). If you tell us within two (2) business days, you can lose no more than $50 if someone used your PIN or Access Code without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your PIN or Access Code, and we can prove that we could have stopped someone from using your PIN or Access Code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you have authorized someone else to use the PIN or Access Code, you are responsible for all transactions that person or persons initiates at any time, even if the amount or transactions exceed what you may have authorized.

How to Notify the Credit Union in the Event of an Unauthorized Transaction
If you believe your access code has been lost or stolen or someone has transferred or may transfer money from your account without your permission, call us at (925) 331-1010, or write to us at P.O. Box 2059, Antioch, CA 94531.
You should also call the number or write to the address list
ed above if you believe a transfer has been made using information from your check without your permission.

Business Days
For purposes of these disclosures, our business days are Monday through Friday, excluding holidays.

Personal Identification Number
We will issue you a User ID Number and a Security Code. These numbers should be memorized then destroyed. Your accounts can only be accessed by the use of these codes. If you forget your codes, contact the Credit Union.

Charges
All charges associated with our Virtual Branch Internet Services electronic funds transactions are disclosed in our Fee Schedule, which accompanies this Agreement.

Disclosure of Account Information to Third Parties
We will disclose information to third parties about your account or the transfers you make:
a)  When it is necessary to complete the transaction;
b)  In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
c)  In order to comply with government agency or court orders or other legal process; or
d)  If you give us your prior oral or written permission.

Address Change
You are required to keep the Credit Union informed of your current address to insure correct mailing of monthly statements.

Amendments
The Credit Union may change the terms and conditions of this Agreement from time to time by mailing written notice to you at your address as it appears on our records. If any change results in greater cost or liability to you or decreases access to your accounts, you will be given at least twenty-one (21) days prior notice of the change. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of our Virtual Branch Internet Services or designated accounts.

Termination
You may terminate this Agreement with us at any time. The Credit Union reserves the right to terminate this Agreement and/or your use of Virtual Branch Internet Services with or without cause. We may do so immediately if:
a)  You or any authorized user of your account breaches this or any other agreement with the Credit Union;
b)  We have reason to believe that there has been or might be an unauthorized use of your account; or
c)  You or any authorized user of your account requests that we do so.

Attorneys’ Fees
You agree to pay the Credit Union all of our costs and reasonable attorneys’ fees, including all collection costs, litigation costs, skip-tracing fees, and outside services fees incurred while we are enforcing our rights under this Agreement.

Additional Benefit Enhancements
The Credit Union may from time to time offer additional services to you in connection with your accounts.
Some services may be at no additional cost to you and others may involve a specified fee. You understand that the Credit Union is not obligated to offer such services and may withdraw or change them at any time.

Reservation of Rights
Failure or delay by the Credit Union to enforce any provision of this Agreement or to exercise any right or remedy available under this Agreement, or at law, shall not be deemed a waiver and the Credit Union expressly reserves the right to enforce such provision, or to exercise such right or remedy, at a later date.

Other Agreements
Except as stated otherwise in the Agreement, this Agreement does not alter or amend any of the terms or conditions of any other agreement you may have with the Credit Union.

Severability
If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

In Case of Errors or Questions About your Electronic Transfers
Telephone us at (925) 331-1010, or write to us at P.O. Box 2059, Antioch, CA 94531, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
a)  Tell us your name and account number (if any).
b)  Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
c)  Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

We will tell you the results of our investigation 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.

If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
* If you assert an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of 10 business days.
** If you give notice of an error within 30 days after you make the first deposit to your account, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have 90 days instead of 45 days to investigate.

Our Liability for Failure to Make Transfers
If we do not complete a transaction to or from your accounts on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, for instance, if:
a)  Through no fault of ours, you do not have enough money in your account to make the transaction;
b)  The transaction would go over the credit limit on your credit line;
c)  The network system was not working properly and you were aware of the malfunction when you started the transaction;
d)  Circumstances beyond our control (such as fire, flood, power failure, or computer down-time) prevented the transactions despite reasonable precautions that we have taken;
e)  The money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or agreement restricting a transaction;
f)   Your PIN/Personal Security Code has been entered incorrectly;
g)  The payee mishandles or delays a payment sent by our bill payment service provider;
h)  You have not provided our bill payment service provider with the correct names, phone numbers, or account information for those persons or entities to whom you wish to direct payment; or
i)   The failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account.
There may be other exceptions not specifically mentioned above.

Right to Stop Payment of Preauthorized Transfers, Right to Receive Notice of Varying Amounts, and Our Liability for Failure to Stop Payment.
a)  Right to stop payment and procedure for doing so.
b)  If you have told us in advance to make regular payments out of your account, you can also stop any of these payments. Here’s how: On line through our Electronic Bill Payment Service, at (925) 331-1010, or write to us P.O. Box 2059, Antioch, CA 94531, in time for us to receive your request three 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 fourteen (14) days after you call.
c)  Notice of varying amounts.
d)  If these regular payments vary in amount, the person you are going to pay will tell you ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
e)  Additional Disclosures Applicable to Virtual Branch Internet BankIT Service

System Requirements
Virtual Branch Internet BankIT Service allows convenient access to your account information 24 hours a day. To use Virtual Branch Internet BankIT Service you must have a computer, modem, Internet Service, browser, your account number and a PIN or Access Code.

Transactions Available with Virtual Branch Internet BankIT Service
The following is a list of transactions available when you have logged on to Virtual Branch Internet BankIT Service:
a)  Obtain balances and other account details on your share and loan accounts;
b)  Obtain account history information on your share and loan accounts;
c)  Make transfers between your Share/Savings, Share Draft/Checking and Rate Chaser accounts;
d)  Transfer funds your Line of Credit to your Share/Savings, Share Draft/Checking;
e)   Download account information to personal financial management software;
f)    Review up to 18 months of account transfer history.

Virtual Branch Internet BankIT Service Limitations
No more than six preauthorized, automatic or telephone transfers may be made from your Share/Savings account deposit account to another account at the Credit Union or to a third party in any calendar month, and no more than three of these six transfers may be made by check, draft, debit card, or similar order payable to a third part. If you exceed, or attempt to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer request, and the Credit union may reclassify or close your account.

Additional Disclosures Applicable to Virtual Branch Internet PayIT Service
System Requirements

Virtual Branch Internet PayIT Service allows convenient access to your account information 24 hours a day. To use Virtual Branch Internet PayIT Service you must have a computer, modem, Internet Service, browser, your account number and a PIN or Access Code.

Transactions Available with PayIT
The following is a list of transactions available for PayIT Service:
a)  Add/Edit Merchants: Merchant refers to the entity to which you pay bills. The merchant can be a company, organization, or individual. The Add/Edit Merchant feature allows you to add merchants to delete merchants from or edit merchant information on your personal list of merchants. Recurring payments are scheduled under this feature.
b)  Pay Bills: The Pay Bills feature allows you to schedule one- time or recurring payments. This feature enables you to specify the amount of the payment and the processing date.
c)  Download account information to personal financial management software.
d)  Pay bills directly from your Share Draft/Checking account.
e)  Review up to 18 months of Bill Payment history.

Virtual Branch Internet Service’s PayIT Service Limitations
The following are limitations to the use of the Credit Union’s PayIT Service:
a)  Bill payments can only be made from your share draft/checking account;
b)  If payments cannot be made due to non-sufficient funds, the payment will not be made and a MailIT notification will be sent to you via the Virtual Branch MailIT Electronic Messaging System.
c)  Payments cannot be made for tax payments, court-ordered payments or payments to payees outside of the United States;
d)  If you close the designated PayIT share draft/checking account, all scheduled PayIT payments will be stopped;
e)  You cannot stop a payment if the payment has already been processed;
f)   You can schedule payment 24 hours a day, seven days a week, however, payments scheduled on a Saturday, Sunday, or holiday will be processed on the next business day; and
g)  No more than six preauthorized, automatic, or telephone transfers may be made from your Share/Savings account or money market deposit account to another account at the Credit Union or to a third party in any calendar month, and no more than three of these six transfers may be made by check, draft, debit card, or similar order payable to a third party. If you exceed, or attempt to exceed, these transfer limits, the excess transfer requests may be refused or reversed, a fee may be imposed on the excess transfer request, and the Credit Union may reclassify or close your account.
h)  Transactions may not exceed $9,999 each.

PayIT Methods and Restrictions
Payments are made to your payee either electronically via the Electronic Network or by check or laser draft. The method of payment depends upon the processing method that can be accommodated by the payee or by our bill payment service provider. It is important that you take into consideration what method of bill payment will be used when scheduling bill payments to ensure payment deadlines are met. If the payee accepts electronic bill payment, the payment may take two to four business days to process. If the payee does not accept electronic bill payment, the payment will be sent in a check form, and may take up to five to ten business days to process.

Electronic PayIT Account Debits
Your account will be debited the day that Bill Payment processes the payment.

Electronic PayIT Service Responsibilities
You are responsible for:
a)  Any late payment or service fees charged by merchant(s) and any stop payment fees charged by Dow Great Western Credit Union as a result of these transactions;
b)  Data input of payee information (payment amount(s), name, address and any other pertinent information); and
c)  Written notification to the Credit Union in the event you wish to cancel this service.

Electronic PayIT Monthly Service Fee
The electronic PayIt monthly fee, as stated on the Credit Union’s Fee Schedule, will be charged to your checking/share draft account each month.

Fee Schedule applicable to Virtual Branch Internet Service’s Home Banking and Bill Payer
a)  BankIt Program                                                                                          No Charge
b)  PayIT Program                                                                                           $ 5.00 per month
c)  Payment Investigation, when escalated to IntegraSys Customer
Service level                                                                                                    $20.00
d)  Additional charge for each investigation that requires IntegraSys
to contact a Third party for purposes of resolving the investigation                  $15.00
e)  Copy of a check                                                                                         $25.00
f)   Research on your account ($25 per hour w/$25 minimum)                         $25.00
g)  Re-set due to lost or forgotten access code                                               No Charge

 

©2000- 2007 California Credit Union League, Law Offices of Thomas H. Wolfe, PC – All Rights Reserved 
(Rev. 11/12/07)