Cardholder Agreement and Electronic Funds Transfer Disclosure Statement
1. This agreement, and Summit Federal Credit Union's (SFCU)
current Electronic Funds Transfer Disclosure Statement explain and control the
use of the VISA Check Card and Automated Transaction Machines (ATM's) which are
issued for the purpose of accessing those accounts and services of SFCU
pre-selected by the Cardholder. Each joint owner of the selected accounts for
whom a Card is requested will be considered a Cardholder under this Agreement.
The term Cardholder also includes any person whose name is embossed on a Card
and any person who signs the back of a Card. The Cardholder and all persons who
use a Card agree to be bound by this Agreement and the current Electronic Funds
Transfer Disclosure Statement.
2. The terms of all other Agreements which the Cardholder has
with SFCU for the selected accounts and services, including SFCU Savings
Accounts, Checking Accounts and related disclosures, shall also apply to all
transactions related to a particular account or service accomplished through
the use of an ATM.
3. Any transfers of funds accomplished through the use of an
ATM, to or from a selected account, will be credited conditionally and subject
to verification as to the availability of funds. No deposit or payment of funds
shall be considered final until SFCU has verified and processed the
transaction.
4. Upon receipt of each Card and special personal
identification usage number ("PIN number"), a Cardholder must sign his or her
name on the signature panel of such Card. A Cardholder is responsible for the
proper control and use of a Card and PIN number. A Cardholder is also
responsible for the use of a Card and PIN number by any person who is given or
allowed to possess and retain a Card and PIN number by Cardholder. SFCU must be
notified immediately if the Cardholder believes a Card to be lost or stolen or
if a transfer of funds is made without permission. For protection, the
Cardholder should guard the secrecy of the PIN number and not write it on the
Card or keep it any place where it may be found with the Card.
5. Each Cardholder agrees to be bound by this agreement and
shall be liable to SFCU for all transactions accomplished through the use of
the VISA Check Card or PIN number and for all amounts owing as a result of this
Agreement. Cardholders shall also be liable for unauthorized use to the extent
allowed by applicable federal and state law. Liability shall include reasonable
expenses (including attorney's fees) as allowed by applicable law and as
required to collect amounts owing SFCU under this Agreement.
6. SFCU shall not be liable for failure to make any electronic
fund transfer to the extent provided in the current Electronic Funds Transfer
Disclosure Statement. SFCU shall also not be liable for (i) the refusal of an
ATM to accept or honor a Card or PIN number, (ii) mechanical failure, (iii)
defective Cards or PIN number, (iv) improper input of Cards or PIN numbers, (v)
improper use of an ATM, (vi) SFCU verification of transactions and processing
delays, and (vii) any other failure to complete a transaction except where such
failure results in a billing error under applicable federal or state law. SFCU
also reserves the right without liability to stop an ATM operation at any time
for any reason and to refuse any Cardholder or other person the use of a VISA
Check Card and PIN number for failure to use and maintain these items and
related accounts and services in a manner satisfactory to SFCU.
7. Cardholders agree that SFCU's records shall be deemed
conclusive and correct and that a copy, microfilm or microfiche of any document
or record will have the same validity as the original and may be used to prove
that a transaction has or has not taken place and to prove the details of the
transaction.
8. Each Card remains the property of SFCU and its privileges
may be terminated at any time for any reason. Cards must be immediately
surrendered upon demand by SFCU or its agents. Upon demand for surrender, no
further use of a Card will be made or allowed and this Agreement shall be
considered terminated. A Cardholder may also terminate this agreement at any
time by surrendering all Cards to SFCU which were issued to access the same
selected accounts or services. Continued use of accounts and services accessed
through use of a surrendered Card will be controlled by the applicable account
or service Agreement. Each Cardholder shall be jointly and severally liable for
all amounts and charges owing SFCU which remain outstanding upon termination of
this Agreement.
9. SFCU reserves the right to amend this Agreement at any time.
Amendments will be effective when mailed to the last known address of the
Cardholder as shown in the records of SFCU unless applicable federal or Ohio
law requires additional notice. Notice to one Cardholder shall be effective
notice to all joint Cardholders.
10. SFCU reserves the right to disclose information to third
parties about any transaction made or any account or service accessed under
this Agreement:
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a. |
When it is necessary to complete a transaction;
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b. |
In order to verify the existence or condition of an account or service, such as
a credit bureau or merchant; |
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c. |
In order to comply with government agency or court orders; |
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d. |
Upon written permission; or |
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e. |
In order to protect or enforce SFCU's rights. |
11. This Agreement is governed by Ohio law except where
preempted by federal law. If any terms in this agreement cannot be legally
enforced they will be considered changed to the extent necessary to comply with
applicable law.
Electronic Funds Transfer Disclosure Statement
1. MEMBER'S LIABILITY FOR UNAUTHORIZED TRANSFER AND DISCLOSURE OF TERMS AND
CONDITIONS ADVISABILITY OF PROMPT REPORTING.
(a) Liability Disclosure. Tell us AT ONCE if you believe your
plastic card or Personal Identification Number (PIN) has been lost or stolen.
Telephoning is the best way of keeping your possible losses down. Your
liability for an unauthorized electronic fund transfer or a series of related
unauthorized transfers shall be determined as follows:
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(1) |
Timely notice given. If you notify us within two business days after learning
of the loss or theft of your card or PIN number, your liability shall not
exceed the lesser of $50 or the amount of unauthorized transfers that occur
before notice is given to us. |
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(2) |
Timely notice not given. If you fail to notify us within two business days
after learning of the loss or theft your liability shall not exceed the lesser
of $500 or the sum of: |
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| (i) $50 or the amount of unauthorized transfers that occur within the two
business days, whichever is less; and
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| (ii) The amount of unauthorized transfers that occur after the close of two
business days and before notice is given to us provided we establish that these
transfers would not have occurred had you notified us within that two-day
period. |
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(3) |
Periodic statement; timely notice not given. You must report an unauthorized
electronic fund transfer that appears on your periodic statement within 60 days
of our sending you the statement to avoid liability for subsequent transfers.
If you fail to do so, your liability shall not exceed the amount of the
unauthorized transfers that occur after the close of the 60 days and before
notice to us, and that we establish would not have occurred had you notified us
within the 60-day period. When an access device is involved in the unauthorized
transfer, you may be liable for other amounts set forth in paragraphs (a) (1)
or (a) (2) of this section, as applicable. You may also be liable for the
amounts detailed above in this paragraph as (1) and (2).
If a good reason (such as a long trip or a hospital stay) kept you from telling
us, we may extend the time periods. |
2. TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN EVENT OF UNAUTHORIZED
TRANSFERS.
(a) Address and telephone number. If you believe your plastic card and/or PIN
has been lost or stolen or that someone has transferred or may transfer money
from your account without your permission, contact us at the phone number or
address on this agreement.
3. WHAT CONSTITUTES A BUSINESS DAY OF SUMMIT FEDERAL CREDIT UNION.
(a) Business Day Disclosure. A business day is a day on which our offices
are open to the membership for carrying on substantially all business
functions. Our business days are Monday through Friday. Holidays are not
included.
4. TYPES OF AVAILABLE TRANSACTIONS AND LIMITS ON TRANSACTIONS.
(a) Account Access at terminals. Depending upon which accounts you have
requested be accessed through EFT services, you may use your plastic card/PIN
to:
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(1) |
Withdraw cash from your savings or checking account. |
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(2) |
Make deposits (in Ohio only) to your savings or checking account. |
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(3) |
Transfer money from your savings account to your checking account. |
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(4) |
Transfer money from your checking account to your savings account. |
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(5) |
Inquire as to the balance on your savings or checking accounts. |
(b) Account Access for Purchases. Use your Check Card for purchases which
will access only your checking account by:
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(1) |
Paying for purchases from any merchants who accept VISA cards (use it as a
credit card). |
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(2) |
Pay for purchases at merchants that have electronic payment processing
terminals displaying the VISA® PLUS, or Pulse logo (POS). |
Some of these services may not be available at all terminals nor at all times.
(c) Limitations on Frequency and Amounts.
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(1) |
You may purchase up to $1,000.00 worth of goods and services per business day,
exclusive of ATM withdrawals, using your Visa Check Card, provided that there
are sufficient available funds in your primary checking account. If you wish to
make purchases that exceed the daily limit and you have sufficient funds
available, you must write a check or make a cash withdrawal to cover such
purchases. |
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(2) |
You may withdraw up to $300.00 from an ATM terminal each day provided
sufficient available balances exist in your account. |
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(3) |
The maximum cash deposit to an ATM machine is $9,999.99. |
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(4) |
Funds from any deposits (cash or checks) made at automated teller machines
(ATM's) we do not own or operate will not be available until the fifth business
day after the day of your deposit. This rule does not apply at ATM's that we
own or operate. |
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(5) |
You may purchase goods and services through POS up to your available balance,
not to exceed $1,000.00 daily including purchases using your Card as a credit
card. |
(d) Limitations on inquiries.
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(1) |
Balances will not be updated within the ATM system as transactions are
completed, but will be updated on a daily basis. You are responsible for
maintaining accurate records. The balance reflected is not on-line real-time. |
(e) Automated Clearing House Transactions. By prior written agreement
with a third party, you may authorize access to your checking or savings
accounts by account number through an Automated Clearing House and permit such
other party to:
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(1) |
Withdraw funds from your checking or savings account. |
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(2) |
Transfer funds into your checking or savings account. |
5. DISCLOSURE OF CHARGES
(a) There are no charges for any pre-authorized electronic withdrawals from or
deposits to your accounts.
(b) The first thirty (30) transactions each month at Summit Federals'
proprietary ATM are free. The thirty first (31st) and each subsequent
transaction will be at a cost of $.60.
(c) Each transaction at an ATM which is NOT surcharge free will be at a cost of $.60 per transaction.
(d) There will be no charge for transactions when the Card is used as a VISA®
for purchases or at a POS terminal.
(e) The charge for overdraft protection from savings is $1.00 per day, on days
when a transfer is necessary to cover withdrawals or purchases made from your
checking account.
(f) If you don't have sufficient funds to cover any type of withdrawal from your
account(s) and we must therefore return it to the sender, your account will be
assessed a $25.00 NSF fee.
(g) To replace a lost or damaged card there will be a fee of $8.00.
(Fees are subject to change at any time without notice.)
(h) There will be an International Transaction Fee of 1% of your transaction
amount for any type of international transaction done with your card.
Additional Terms and Conditions
Your Visa Check Card is NOT a Visa Credit Card, and this agreement does not
replace or affect any Visa Account Agreement that you may have with us or any
other financial institution.
You may not stop payment on Visa Check Card transactions. For this reason, you
should inquire about a merchant's return or refund policy before entering into
a debit card transaction. Merchandise purchased using your Visa Check Card that
is subsequently returned will be reflected as a credit on your checking account
statement. Refer to section titled "IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
ELECTRONIC TRANSFERS" for information on error resolution.
Each time you use your Visa Check Card to conduct a debit card transaction, we
will have the right to place a hold on a corresponding amount of funds in your
primary checking account until that transaction is posted against your account.
You agree not to withdraw or write checks against funds that are needed to pay
debit card transactions that have not yet posted against your account (such as
by writing checks or obtaining ATM withdrawals). You agree not to request debit
card transactions that will exceed the $1,000.00 daily limit or create an
overdraft in your primary checking account. However, in the event that an
overdraft does occur, you agree to immediately pay any overdraft plus
associated NSF charges. You will be liable even if we authorize a debit card
transaction at a time when you did not have sufficient available funds in your
primary checking account to cover the transaction.
We reserve the right to return any Visa Check Card transaction that does not
contain an authorization code. You agree that we will not be liable for any
damages resulting from a failure or refusal for any reason to authorize a debit
card transaction that you have attempted. You further agree that we will not be
responsible or liable for a participating merchant's refusal to accept your
Visa Check Card.
6. ACCOUNT INFORMATION TO THIRD PARTIES.
(a) Account information disclosure. We will disclose information to third
parties about your account or the transfers you make:
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(1) |
Where it is necessary for completing transfers, or |
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(2) |
In order to verify the existence and condition of your account for a third
party, such as a credit bureau or merchant, or |
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(3) |
In order to comply with government agency or court orders, or |
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(4) |
If you give us your written permission. |
7. RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS.
(a) Transfers at terminals. You can get a receipt at the time you make any
transfer to or from your account using one of our ATM's.
(b) Purchases. You can get a receipt at the time you make any purchase from the
clerk handling the transaction.
(c) Pre-authorized credits. If you have arranged to have direct deposits made to
your account at least once every 60 days from the same person or company, you
can call us at :
(330) 376-3626
to find out whether or not the deposit has been made.
(d) Periodic statements. You will get a monthly account statement.
8. RIGHT TO STOP PAYMENT OF PRE-AUTHORIZED TRANSFERS, PROCEDURE FOR DOING SO,
RIGHT TO RECEIVE NOTICE OF VARYING AMOUNTS, AND FINANCIAL INSTITUTION'S
LIABILITY FOR FAILURE TO STOP PAYMENT.
(a) Right to stop payment and procedure for doing so. If you have told us in
advance to make regular pre-authorized payments out of your account, you can
stop any of these payments.
Here's how:
Call us at: (330) 376-3626
Or write: Summit Federal Credit Union, P. O. Box 1460, Akron, OH 44309-1460
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 14 days after you call. (We
will charge you our normal account stop payment charge for each stop payment
order you give.)
(b) Notice of varying amounts. If these regular payments may vary in amount, the
person you are going to pay will tell you, 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.)
(c) Liability for failure to stop payment of pre-authorized transfer. If you
order us to stop one of these payments three business days or more before the
transfer is scheduled, and we do not do so, we will be liable for your losses
or damages.
9. FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS.
(a) Liability for failure to make transfers. If we do not complete a transfer
to or from your account on time or in the correct amount according to our
agreement with you, we will be liable for your losses or damages. However,
there are some exceptions. We will not be liable for instance:
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If, through no fault of ours, you do not have enough money in your account to
make the transfer.
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If the transfer would go over the credit limit on your overdraft line. |
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If the automated teller machine where you are making the transfer does not have
enough cash. |
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If the terminal was not working properly and you knew about the breakdown when
you started the transfer. |
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If circumstances beyond our control (such as fire or flood) prevent the
transfer, despite reasonable precautions that we have taken. |
There may be other exceptions stated in our specific deposit account or
electronic transfer services agreements with you.
ELECTRONIC FUNDS TRANSFER ERROR RESOLUTION DISCLOSURE STATEMENT
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS
Telephone us at: (330) 376-3626
OR
Write us at: SUMMIT FEDERAL CREDIT UNION, P. O. BOX 1460, AKRON, OH 44309-1460
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 send the FIRST statement on
which the problem or error appeared.
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(1) |
Tell us your name and account number (if any). |
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(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. |
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(3) |
Tell us the dollar amount of the suspected error. |
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(4) |
Tell us the date, time, and location 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 re-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 re-credit your account.
If we decide that there was no error, we will send you a written explanation
within 3 business days after we finish our investigation. You may ask for
copies of the documents that we used in our investigation.