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Membership & Account Agreement
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Welcome to OnPoint. We are pleased to have you as a member.
This is the contract between you and OnPoint. When you become a member you agree to the terms and conditions described in this booklet. These terms and conditions apply whether the account is opened in person, by mail, by telephone, or electronically. Please read this Agreement carefully and keep it for your records.
This Agreement is the contract of deposit that covers your and our rights and responsibilities concerning Membership and Account(s) offered to you. In this Agreement, the words "you" and "yours" mean those who sign the Membership Application / Update ("Application"), assert any ownership in an account or use any access device for any account. The words "we," "us," and "our" mean OnPoint ("Credit Union"). The word "account" means any one or more savings, checking or Certificate of Deposit accounts you have with the Credit Union.
The classification and form of ownership of your accounts
(including Certificate of Deposit) are designated on your Application. By signing the Application that is a part of this Agreement, each of you, jointly and severally, agree to the terms and conditions in this Agreement, including the Funds Availability Policy, Electronic Funds Transfer Agreement, and the Truth-in-Savings Disclosures (Rate and Fee Schedule) incorporated in or accompanying this Agreement, any account receipt, the Credit Union's Bylaws and policies, and any amendments which collectively govern your Membership and Accounts. You agree that additional accounts and services you request in the future will be governed by this Agreement, as amended from time to time.
I. Membership And Accounts
1. Membership Eligibility
To be eligible for membership in the Credit Union you must be an individual or entity qualifying within the Credit Union's field of membership and must purchase and maintain a membership deposit as required by the Credit Union's Bylaws. You authorize us to check your account, credit and employment history, and obtain a credit report from third parties, including consumer reporting agencies, to verify your eligibility for any accounts and services.
a. Always a Member. Once you join OnPoint you are a member for life provided you comply with the terms of this Agreement and maintain a minimum deposit of $5 in Savings. If you leave your job or move from the area, you can still use the Credit Union, provided you keep your account open. (See sections 26 & 27 of this Agreement.)
b. Associate Membership. Accounts open as of October 1, 1984 may be closed while the former member retains the option of re-establishing membership in the future. Closing of an account open as of October 1, 1984 places the former member in associate status. Membership may be reestablished by depositing the minimum required balance and paying the then current membership fee.
c. Voting. The Credit Union is owned and operated by our members. Each primary member may cast one ballot at our annual meeting to elect our Board of Directors. Joint owners are not eligible to vote.
2. Individual Accounts
An individual account is an account owned by one depositor including any individual, trust, or other organization qualified for Credit Union membership. If the account is an individual account, the interest of a deceased individual owner will pass, subject to applicable law, to the decedent's estate or payable on death ("POD") beneficiary, if applicable.
3. Joint Accounts
An account owned by two or more persons is a joint account. A Joint Owner is not a member of OnPoint and does not become a member as a result of being designated a joint owner.
a. Rights of Survivorship. If your account is a joint account, the account is owned as a joint account with rights of survivorship. Upon the death of one of the joint account owners, that person's interest will become the property of the surviving joint account owners.
b. Rights of Joint Account Owners. Any joint account owner is authorized and deemed to act for the other owner(s) and the Credit Union may accept orders and instructions regarding the account and requests for future services from any other account owner. Each account owner guarantees the signature of the other owners. Any account owner may withdraw all funds in the account, stop payment on items drawn on an account, withdraw, or pledge all or any part of the deposits of any account and use any access device issued for the account without the consent of the other account owner(s) and the Credit Union shall have no duty to notify any other joint account owner(s). If the Credit Union receives written notice of a dispute between account owners or receives inconsistent instructions from them, the Credit Union may suspend or terminate the account, require a Court order to act, or require that all joint account owners agree in writing to any transaction concerning the account.
c. Joint Account Owner Liability. If any item deposited in a joint account is returned unpaid or an account is overdrawn, or if we do not receive final payment on any transaction, each of the multiple account owners and authorized users is jointly and severally liable to the Credit Union for the amount of the returned item, overdraft, or unpaid amount and any charges, or liability for any transaction performed by an authorized user, regardless of who created or performed the overdraft, deposited or cashed the item or benefited from the transaction. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any or all funds in the joint account regardless of who contributed the funds to the joint account.
4. POD/Trust Account Designations
A Payable on Death (POD) or trust account designation is an instruction to the Credit Union that a single or multiple party account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, is payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one POD or trust beneficiary/payee are owned jointly, in equal shares, by such beneficiaries with rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to IRA accounts which shall be governed by a separate beneficiary designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary's/payee's interest in any account, except as otherwise provided by law.
5. Accounts for Minors
The Credit Union reserves the right to limit the accounts and services that are available to minors. For any account established by or for a minor, the minor account owner must have a joint account owner who is a parent or legal guardian of the minor, as approved by the Credit Union, who shall be jointly and severally liable to the Credit Union. For a joint account, all funds in the account shall be owned as a joint account with rights of survivorship. The Credit Union may make payments of funds directly to the minor without regard to his or her minority. The Credit Union has no duty to inquire of the use or purpose of any transaction by the minor or joint account owner. The minor account owner's tax identification number must be shown on the Application. The Credit Union shall not change the account status when the minor reaches age eighteen (18), unless authorized in writing by all account owners.
6. Uniform Transfer to Minor Accounts
A Uniform Transfer to Minor (Custodial) Account (UTTMA) is an individual account established by a member as a custodian on behalf of a minor (a person under twenty-one (21) years of age). The custodian shall open the account in the name of the minor, include the minor's social security number, and must sign his or her own name on the Application. The custodian has possession and control of the account for the exclusive right and benefit of the minor and, barring a court order otherwise, is the only party entitled to make deposits to, withdrawals from, or close the account. In the event of the custodian's death, the Credit Union may place an administrative hold on the account until it receives instructions from any person authorized by law to withdraw funds or a court order authorizing such withdrawal. It is the legal responsibility of the custodian to change the status of the account when the minor reaches age 21.
7. Accounts for Living Trusts
An account for a living trust is an individual account held by one or more trustees of a trust for the benefit of one or more beneficiaries pursuant to a revocable or irrevocable trust agreement. Upon request of the Credit Union, the trustee shall sign a Membership Application/Update for Account Held by Living Trust and provide any other evidence of the trustee's authority the Credit Union requires. Trustee warrants that a valid living trust has been created, is currently existing, and that the trustee is eligible for membership in the Credit Union. The Credit Union does not act as a trustee and is under no obligation to inquire as to the powers or duties of the trustee(s). Trustee agrees to notify the Credit Union in writing if a change of trustee occurs. The Credit Union may withhold payment of funds to any party until proper evidence of authority is provided. The Credit Union may rely upon the directions of any one trustee until a written notice of revocation of the living trust is received. Funds may be released to any one trustee acting alone or with a co-trustee. The trustee(s) agrees to indemnify and hold the Credit Union harmless of any liability, claim, damage or loss arising as a result of unauthorized acts of any trustee or former trustee or acts of any trustee upon which the Credit Union relies prior to notice of revocation of the trust. This Agreement shall be binding on the trust, any trustee, successor trustee and beneficiaries.
8. Accounts of Associations and Organizations
Accounts held in the name of an association or organizational member are subject to the same terms set forth in this Agreement and the following additional rules. The Credit Union reserves the right to require the member to provide an Association Resolution form informing the Credit Union who is authorized to act on its behalf. You agree to notify the Credit Union of any change in authority. The Credit Union may rely on the written authorization until such time as the Credit Union is informed of changes in writing and has had a reasonable time to act upon such notice. The Credit Union shall have no notice of any breach of fiduciary duties arising from a transaction by any agent of the account owner, unless the Credit Union has actual written notice of any wrongdoing.
9. Deposit Requirements
Funds may be deposited to any account in any manner approved by the Credit Union in accordance with the requirements set forth on the
Deposit Rate Sheet/Fee Schedule. All accounts are nonassignable and nonnegotiable to third parties. Certificate of Deposit accounts are governed by the terms of this Agreement and the terms and disclosures on your Certificate of Deposit Receipt for each account, which is incorporated herein by this reference.
Individual Retirement Accounts are governed by the terms of the
Agreement and by a separate IRA account agreement and disclosure
statement included with your IRA application, which are incorporated
herein by this reference.
a. Endorsements. You authorize the Credit Union, in its discretion, to accept transfers, checks, drafts, and other items for deposit into any of your accounts, whether or not they are endorsed by all payees. You authorize the Credit Union to supply missing endorsements if the Credit Union chooses to supply such endorsements. The Credit Union reserves the right to refuse to accept third party checks or to verify all endorsements on third party checks presented. If an insurance, government, and certain other checks or drafts require an endorsement as set forth on the back of the check, the Credit Union may require endorsement as set forth on the check. Endorsements must be placed in the space on the back of the check between the top edge and
1 1/2 (one and one half) inches from the top edge. The Credit Union may accept drafts or checks with endorsements outside this space. However, if any such endorsement or other markings you or any prior endorser make on the check cause any delay or error in processing the item for payment, you will be responsible for any loss incurred by the Credit Union due to the delay or error.
b. Collection of Items. The Credit Union shall not be responsible for deposits made by mail or at an unstaffed facility until the Credit Union actually receives them. In handling items for deposit or collection, the Credit Union only acts as your agent and assumes no responsibility beyond the exercise of ordinary care. The Credit Union will not be liable for default or negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. The Credit Union reserves the right to send any item for collection. We normally credit your account after we receive payment of collection items, but if we do credit your account and then do not receive payment, we will charge your account. For our collection fees, refer to the
Deposit Rate Sheet/Fee Schedule.
c. Final Payment. All items or Automated Clearing House ("ACH") transfers credited to your account are provisional and subject to our receipt of final payment. If final payment is not received, we reserve the right to charge your account for the amount of those items or ACH transfers and impose a return charge on your account. After we have received final payment, we refer to these deposits as collected items. If the Credit Union incurs any fee to collect any item, the Credit Union may charge such fee to your account. The Credit Union reserves the right to refuse or to return all or any item or funds transfer. The Credit Union shall have the right to charge back against your account all previously deposited items or other items endorsed by you that are returned to the Credit Union unpaid, regardless of whether the amount of the item has been available for your use.
d. Direct Deposits. The Credit Union may offer direct deposit options allowing you to preauthorize deposits (i.e., payroll checks, Social Security or retirement checks, or other government checks) or preauthorize transfers from other accounts at the Credit Union. You must authorize any direct deposits to your accounts by a separate authorization form. If applicable, you must notify the Credit Union at least thirty (30) days prior to any direct deposit or preauthorized transfer if you wish to cancel or change the direct deposit or direct transfer option. Upon a filing of bankruptcy, if you fail to cancel any direct deposit authorization, you instruct your employer and the Credit Union to make and apply direct deposits in accordance with your authorization on file with the Credit Union. If the Credit Union is required to reimburse the U.S. Government for any benefit payment directly deposited into your account for any reason, you agree the Credit Union may deduct the amount returned from any of your accounts, unless prohibited by law.
e. Crediting of Deposits. Deposits made on Saturdays, Sundays, and Credit Union holidays will be credited to your account on the next business day. Ask for our current deposit cutoff time. Deposits received at unstaffed facilities, such as night depositories, will be credited on the day funds are removed and processed by the Credit Union. Items drawn from an institution located outside the United States are handled on a collection basis only. Amounts, less any associated collection costs, will be credited to your account when we receive final payment. You waive any notice of nonpayment, dishonor, or protest regarding any items credited to or charged against your account.
f. Transactions by Mail. Except as otherwise provided in this Agreement, the Credit Union may permit you to make deposits, transfers, and withdrawal requests by mail. You must provide specific information instructing us how to apply the payment or process the withdrawal or transfer from your account(s) and or loan(s). Such transactions will be posted to your account as of the day the transaction is processed at the Credit
Union. If you make a deposit or payment, which is not accompanied by
instructions how or where it is to be credited, we may apply it to any
loan or deposit account you maintain with us, at our discretion.
10. Account Access
a. Authorized Signature. We require your authorized signature on your Application before we will honor transactions on your account(s). The Credit Union is authorized to recognize your signature, but will not be liable for refusing to honor any item or instruction of yours if it believes in good faith that the signature on such item or instruction is not genuine. If you have authorized the use of a facsimile signature, the Credit Union may honor any transaction that appears to bear your facsimile signature even if it was made by an unauthorized person. If you give your
member/account number to a third person, you authorize us to honor transactions initiated by the third person even if you did not specifically authorize a particular transaction. The Credit Union may refuse to accept any item for deposit.
b. Access Options. You may make withdrawals or transfers from your account in any manner which is permitted by the Credit Union (i.e., check, automated teller machines (ATMs), debit card, in person, electronically, or by mail, wire transfer, automatic transfer, or telephone). If the Credit Union accepts any check that is not drawn on a
check form provided by or through the Credit Union, you will be responsible for any loss incurred by the Credit Union for handling the check. The Credit Union may return as unpaid any check that is not drawn
on the check form provided by the Credit Union.
c. ACH & Wire Transfers. If offered, you may initiate or receive credits or debits to your account via wire transfer or ACH ("Automated Clearing House") transfer. You agree that if you receive funds by a wire or ACH transfer, the Credit Union is not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. The Credit Union may provisionally credit your account for an ACH transfer before it receives final settlement for the transfer. You agree that if the Credit Union does not receive final settlement for a transfer, it may reverse the provisional credit to your account, or you will refund the amount to the Credit Union. The Credit Union may require that wire transfers be authorized in writing. When you initiate a wire transfer, you may identify either the recipient or any financial institution by name and by account or identifying number. The Credit Union (and other institutions) may rely on the account or other identifying number you give as the proper identification number, even if it identifies a different party or institution.
The Credit Union reserves the right to confirm or verify information on
all wire requests prior to sending the wire. Once the Credit Union has
sent an outgoing wire, the transfer is final and cannot be stopped. If
you provide incomplete or inaccurate transfer instructions, written or
oral, the Credit Union will not be responsible for any resulting wire
transfer losses, delays or failed transactions. You understand
international wire transfers may not be completed for up to four weeks
or longer. Wire transfers are governed by Federal Reserve Regulation J if the transfer is cleared through the Federal Reserve. ACH transactions are governed by the rules of the National Automated Clearing House Association.
d. Credit Union Examination. The Credit Union may disregard information on any check other than the signature of the drawer and amount of the item and any magnetic encoded information. You agree the Credit Union does not fail to exercise ordinary care in paying an item solely because its procedures do not provide for sight examination of items.
11. Account Rates and Fees
The Credit Union's payment of earnings on any account is subject to the account rates and fees, payment and balance requirements as set forth on the
Deposit Rate Sheet/Fee Schedule. You agree the Credit Union may impose fees and charges for the deposit account services provided by the Credit Union. A current
Deposit Rate Sheet/Fee Schedule has been provided to you separately. You agree the Credit Union may change the
Deposit Rate Sheet/Fee Schedule from time to time and you will be notified of such changes as required by law.
12. Transaction Limitations
a. Withdrawal Restrictions. The Credit Union will permit a withdrawal only if you have sufficient available funds in your account to cover the full amount of the withdrawal or have an established overdraft protection plan. Checks or other transfer or payment orders which are drawn against insufficient available funds will be subject to a service charge, set forth in the Rate and Fee Schedule. If there are sufficient available funds to cover some but not all of your withdrawal orders, the Credit Union may allow those withdrawals for which there are sufficient available funds in any order at the Credit Union's discretion.
The Credit Union may also refuse to allow a withdrawal in other cases; for example: any dispute between the owners about the account (unless a court has ordered the Credit Union to allow the withdrawal); a legal garnishment or attachment is served; the account secures an obligation to the Credit Union; any required documentation has not been presented; or you fail to repay a Credit Union loan on time. The Credit Union reserves the right to require members to give notice in writing of any intended withdrawals from any account (except checks) of not less than 7 days and up to 60 days, as required by law, before such withdrawal.
b. Transfer Limitations. For Savings accounts, Market Rate
Savings account and Teachers Deposit Fund
accounts, you may make up to six (6)
pre-authorized, automatic, overdraft, Online Banking, telephonic or audio response transfers to another account of yours or to a third party during any calendar month. Of these six, you may make no more than three (3) transfers to a third party by check or debit card purchase. A preauthorized transfer includes any arrangement with the Credit Union to pay a third party from the member's account upon oral or written orders, including orders received through the automated clearing house (ACH). In addition, there is no limit on the number of transfers you may make to another Credit Union account or withdrawals (checks mailed directly to
you) when such transfer or withdrawal is initiated in person, by mail or at an ATM. If a transfer request would exceed the transfer limitations set forth above in any statement period, the Credit Union may refuse or reverse the transfer, and your account will be subject to suspension or closure by the Credit Union, and the Credit Union may impose a charge.
The limit of six (6) transfers per month applies to the following types of transactions:
- Automatic overdraft transfers from Savings to a Checking Account.
- Telephone requests, including Telephone Teller, to transfer funds from Savings to other accounts.
- Transfer requests, made through Online Banking, to transfer funds from Savings to other accounts.
- Pre-authorized arrangements to transfer funds from Savings to a third party, such as your automobile insurance company or health club, and other electronic transfer.
c. Transaction Limitations. The Credit
Union reserves the right to limit the volume of checks or cash deposited
and/or the number of deposits per day. If the transactions on your
account exceed the volume or amount considered normal for consumer
activity, the Credit Union may impose an excess transaction fee, limit
your account activity or close your account.
In order to reduce Credit Union reserve
requirements, Checking account balances are reported as two subaccounts,
a checking and savings subaccount. For reporting purposes only, the
Credit Union may make up to 6 transfers per month between the savings
and checking subaccounts. This reporting structure does not affect the
balance, interest earnings, statement activity or NCUA insurance
applicable to your Checking account.
13. Overdrafts
a. Overdraft Liability. If on any day, the available funds in your checking account are not sufficient to cover checks and other items posted to your account, those checks and items will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with
us. The Credit Union's determination of an insufficient account balance may be made at any time between presentation and the Credit Union's midnight deadline with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds check. Your account will then be subject to a charge for the item whether paid or returned as set forth in the
Deposit Rate Sheet/Fee Schedule. Except as otherwise agreed in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays a check that would otherwise overdraw your account, you agree to pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits.
b. Overdraft Protection Plan. If we approve your request for overdraft protection, we will provide an overdraft protection plan for you. We will honor checks
and other items drawn on insufficient funds on your checking account by transferring the funds to your checking account. We will transfer funds to your overdrawn account from another account of yours or an established Personal
or Home Equity Line of Credit Overdraft Protection Agreement as you direct. The fee for overdraft transfers is set forth on the
Deposit Rate Sheet/Fee Schedule. Transfers from a deposit account will be governed by this Agreement. Transfers from a loan account will be governed by the applicable loan agreement.
c. How Overdrafts/NSFs Can Affect You. It is unlawful to write a check or withdraw funds when you know that your account balance (including an approved Overdraft Protection Agreement with us) is not sufficient to cover the transaction(s). If your withdrawals exceed the available funds in your account, checks or transactions may be returned unpaid. You may incur charges from the merchant as well as the Credit Union. In addition your credit rating can be adversely affected, and many merchants are unwilling to accept checks from customers who have a history of overdrafts. Upon notification of a negative balance, if you do not pay the balance within a reasonable period of time, we may close your account and report the account to a consumer reporting agency.
14. Postdated and Staledated Items
You authorize us to accept and pay any check, even if the check is postdated (presented for payment before its date), or staledated (presented for payment more than six months after its date). You also agree not to deposit checks, drafts, or other items before they are properly payable. The Credit Union is under no obligation to you to pay any check that is presented more than six months after its date. If you don't want us to pay a postdated or staledated check, you must notify us of the check and place a stop payment order on it. (See the Stop Payment Orders section.)
15. Stop Payment Orders
a. Stop Payment Request. You may ask the Credit Union to stop payment on any check drawn upon your checking account. You may request a stop payment by telephone, by mail, or in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the
member/account number, date and check number and its exact amount. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment on the item. If the stop payment order is not received in time for the Credit Union to act upon the order the Credit Union will not be liable to you or to any other party for payment of the item. If we re-credit your account after paying a check over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer all of your rights against the payee or other holders of the check to the Credit Union, and to assist the Credit Union in legal action taken against the person.
b. Duration of Order. If you make an oral stop payment
order, we reserve the right to require your written confirmation within
fourteen (14) days. A stop payment order will be effective for twelve
(12) months. A stop payment order may be renewed orally or in writing. The Credit Union is not obligated to notify you when a stop payment order expires.
c. Liability. The Credit Union may charge a fee for each stop payment order requested, as set forth on the
Deposit Rate Sheet/Fee Schedule. You may not stop payment on any certified check, cashier's check or teller's check, or any other check or payment guaranteed by the Credit Union. You should be aware that while payment of the item may be stopped, you may remain liable to any person, including the Credit Union, who is a holder of the item despite the stop payment order. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney fees, damages or claims related to the Credit Union's action in refusing payment of an item, including claims of any multiple party account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.
16. Lost Items
The Credit Union, in receiving items from you for withdrawal or deposit, acts only as your agent and reserves the right to reverse the credit for any deposited items or to charge your account for the items should they become lost in the collection process.
17. Credit Union's Liability for Errors
If the Credit Union does not properly complete a transaction according to this Agreement, the Credit Union will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. The Credit Union will not be liable if: (a) through no fault of the Credit Union, your account does not contain enough money to make the transaction; (b) circumstances beyond the Credit Union's control prevent the transaction; (c) your loss is caused by your negligence or the negligence of another financial institution; or (d) the money in your account is subject to legal process or other claim. The Credit Union will not be liable for consequential damages except liability for wrongful dishonor. The Credit Union's actions will constitute the exercise of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearinghouse rules, and general banking practices followed in the area serviced by the Credit Union. You grant the Credit Union the right, in making payments of deposited funds, to rely exclusively on the type and ownership of the account and the terms of this Agreement. Any conflict between oral representations by you or Credit Union employees and any written form will be resolved by reference to this Agreement and any other applicable written agreement.
18. Credit Union Lien and Security Interest
To the extent you owe the Credit Union money as a borrower, guarantor, endorser or otherwise, the Credit Union has a lien on any or all of the funds in any account in which you have an ownership interest at the Credit Union, regardless of the source of the funds. The Credit Union may apply these funds in any order to pay off your indebtedness. If the Credit Union chooses not to enforce its lien, the Credit Union does not waive its right to enforce the lien at a later time. In addition, you grant the Credit Union a consensual security interest in your accounts and agree the Credit Union may use the funds from your accounts to pay any debt or amount owed the Credit Union, except obligations secured by your dwelling, unless prohibited by applicable law. All accounts are nonassignable and nontransferable to third parties.
19. Legal Process
If any legal action, such as a levy, garnishment, or attachment, is brought against your account, the Credit Union may refuse to pay out any money from your account until the dispute is resolved. If the Credit Union incurs any expenses or attorney fees in responding to legal process, such expenses may be charged against your account without prior notice to you, unless prohibited by law. Any legal process against your account is subject to the Credit Union's lien and security interest.
20. Account Information
Upon your request, the Credit Union will inform you of the name and address of each credit reporting agency from which the Credit Union obtains a credit report in connection with your account. The Credit Union agrees not to disclose information to third parties about your account regarding any transaction or balances except
as provided in our Privacy Policy and in accordance with applicable law.
You authorize us to disclose information about your account to credit reporting agencies and to other persons or agencies who, in our
judgment, have a legitimate purpose for obtaining information. You authorize us to disclose information about your account to an account verification service and/or credit reporting agency if we close your account due to unsatisfactory handling, fraud, attempted fraud, or criminal activity.
You agree we may exchange credit report information with others regarding any update or renewal of or additional accounts and services we may offer or extend in the future, or for any other legitimate business purpose. You agree we may share your account information and any information you provide to us with any Credit Union affiliate and others for the purpose of considering your eligibility for their products and services, including financial, insurance, and investment products.
21. Notices
a. Name or Address Changes. It is your responsibility to notify the Credit Union upon a change of address or change of name. The Credit Union is only required to attempt to communicate with you at the most recent address you have provided us.
Notice of change of address may be given by writing the Credit Union,
calling Member Services, or by providing notice in person to a Credit
Union employee. If you do not notify us of your current address and we attempt to locate you, we may impose a service fee as set forth on the
Deposit Rate Sheet/Fee Schedule. The Credit Union may accept a Notice of Address Change from the U.S. Postal Service as your most recent address for sending statements and notices to you.
b. Notice of Amendments. Except as otherwise prohibited by applicable law, the terms of this Agreement are subject to change at any time. The Credit Union will notify you of any changes in account terms, rates, or fees as required by law. You may make changes in account ownership, such as adding or removing a joint account
owner, and you acknowledge that the Credit Union may require a new
Membership Application/Update to be completed before any change in
ownership becomes effective. However, the removal of any joint owner will not be effective without the joint owners' authorized termination. The Credit Union reserves the right to waive any term in this Agreement. Any such waiver shall not affect the Credit Union's right to enforce any right in the future.
c. Effect of Notice. Any written notice you give to the Credit Union is effective when it is actually received by the Credit Union. Any written notice the Credit Union gives to you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Notice to any one account owner is considered notice to all owners of the account.
22. Taxpayer Identification Numbers and Backup Withholding
If your account is or becomes subject to backup withholding, the Credit Union is required by law to withhold and pay to the Internal Revenue Service (IRS) a required percentage of payments of interest and certain other payments under certain conditions. Your failure to furnish a correct taxpayer identification number (TIN) or meet other applicable requirements may result in backup withholding as well as civil or criminal penalties. The Credit Union may suspend the opening of your account until an accurate TIN is provided.
23. Statements
a. Contents. You will receive a periodic statement of all transactions and activity on your account during each statement period. You agree that only one statement is necessary for a multiple party account. For checking accounts, you understand that when paid, your original check becomes property of the Credit Union and may not be returned to you. Copies will be retained by the Credit Union, and made available upon your request for a fee as set out in the
Deposit Rate Sheet/Fee Schedule. You understand statements and checks are considered to have been made available to you on the date the statement is mailed
or the information is otherwise made available to you. Statements will be mailed
to the last address you have provided to us or as we have otherwise agreed.
b. Examination. You are responsible for examining each statement and canceled checks and reporting any irregularities to the Credit Union. The Credit Union will not be responsible for any forged or altered item or unauthorized endorsement on any item drawn on your account if (1) you did not exercise reasonable care in promptly examining the statement and canceled checks to discover any irregularities; (2) you fail to notify the Credit Union within thirty (30)
calendar days of the mailing date of the earliest statement and availability of checks containing any forgery, alteration, or unauthorized signature on the front or back of an item; or (3) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of facsimile signature machine or stamp.
c. Notification of Errors. You agree that the Credit Union's retention of checks does not alter or waive your responsibility to examine your statements and check copies or the time limit for notifying the Credit Union of any errors. The statement will be considered correct for all purposes, and the Credit Union will not be liable for any payment made or charged to your account unless you notify the Credit Union in writing within the above time limit after the statement and checks are made available to you.
24. Inactive and Abandoned Accounts
IF YOU HAVE AN ACCOUNT THAT YOU HAVE NOT MADE A
WITHDRAWAL FROM, DEPOSIT TO, OR TRANSFER INVOLVING YOUR ACCOUNT FOR MORE
THAT ONE (1) YEAR, OR THE CREDIT UNION HAS BEEN UNABLE TO CONTACT YOU OR
DELIVER A STATEMENT TO YOU BY REGULAR MAIL, THE CREDIT UNION MAY
CLASSIFY YOUR ACCOUNT AS AN INACTIVE ACCOUNT AND MAY CHARGE A SERVICE
FEE AS ALLOWED BY APPLICABLE LAW AND SET FORTH ON THE DEPOSIT RATE
SHEET/FEE SCHEDULE. THE CREDIT UNION WILL NOTIFY YOU AT YOUR LAST KNOWN
ADDRESS PRIOR TO IMPOSING ANY FEE AS REQUIRED BY LAW. If a deposit or withdrawal has not been made on the account and the Credit Union has had no other contact with you for five (5) years
or as required by the Uniform Unclaimed Property Act, the account will be presumed to be abandoned. Funds in abandoned accounts will be remitted in accordance with state law. Once funds have been turned over to the state, the Credit Union has no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency.
25. Death of Account Owner
The Credit Union may require the survivor or other claimant to the account to produce certain documents before releasing the funds in the account. The Credit Union may continue to honor all transfers, withdrawals, deposits and other transactions on the account until the Credit Union learns of an account owner's death. Once the Credit Union learns of a member's death, the Credit Union may pay checks or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days unless the Credit Union receives instructions from any person authorized to claim an interest in the account to stop payment on the checks or other items. You agree that the Credit Union can require that anyone who claims funds in your account after your death to indemnify the Credit Union for any losses resulting from honoring that claim.
26. Termination of Account
The Credit Union may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if (1) there is a change in owners or authorized signers; (2) there has been a forgery or fraud reported or committed involving your account; (3) there is a dispute as to the ownership of the funds in the account; (4) any account checks are lost or stolen; (5)
there are excessive returned unpaid items not covered by an overdraft protection plan; or (6)
there has been any misrepresentation or any other abuse of any of your accounts. You may terminate your account at any time by notifying the Credit Union in writing. The Credit Union is not responsible for payment of any check, withdrawal, or other item once your account is terminated; however, if the Credit Union honors a transaction after termination, you agree to reimburse the Credit Union for payment.
27. Termination of Membership
You may terminate your membership at the Credit Union after giving written notice of your intent to withdraw from membership. We may suspend all of your account access and services and expel you from membership for any reason allowed by applicable law, including failure to comply with our bylaws; causing a loss to the membership; causing willful destruction or damage to Credit Union property or acting without civility in dealings with Credit Union members, officers and employees.
28. Special Account Instructions
You may request the Credit Union to facilitate certain trust, will, or court-ordered account arrangements. However, because the Credit Union does not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. If you ask us to follow instructions that we believe might expose us to claims, suits, or any liability, whether directly or indirectly, we may refuse to follow your instructions or may require a bond or other protection. We may ask for your promise to defend the Credit Union against any claims and pay all legal fees and costs associated with the defense. In the event the Credit Union brings legal action to enforce this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal. Any item presented with a full payment legend must be presented in person to a Credit Union officer; otherwise, payment is accepted with full reservation of rights. Account changes requested by you, or any account owner, such as adding or closing an account or service, must be evidenced by a signed Application and accepted by the Credit Union. The Credit Union will not recognize the authority of someone to whom you have given power of attorney without written authorization and a copy of the Power of Attorney on record at the Credit Union.
You understand that the Credit Union may choose to
retain electronic or imaged copies of any original documents, and you
agree that an electronic or imaged copy is valid as an original.
29. Severability
In the event that any paragraph of this Agreement or any portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.
30. Enforcement
You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.
31. Governing Law
This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the State of Oregon and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union administrative offices are located.
II. FUNDS AVAILABILITY POLICY
1. General Policy
Our policy is to make funds from your deposits available to you on the same business day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash 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 5:30 p.m. on Monday through Thursday or 6:00 p.m. on Fridays that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after the cutoff hours or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
2. Reservation of Right to Hold
In some cases, we will not make all of the funds that you deposit by check available to you on the same business day of your deposit. Depending on the type of check that you deposit,
or if you deposit checks at an ATM, funds may not be available until the fifth business day after the day of your deposit. However, the first $100.00 of your deposit into your checking account may be available on the same business day. If we are not going to make all of the funds from your deposit available on the same business day, 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 decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.
3. Holds on Other Funds
If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another financial institution, 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.
4. Longer Delays May Apply
We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:
a. We believe a check you deposit will not be paid.
b. You deposit checks totaling more than $5,000 on any one day.
c. You deposit a check that has been returned unpaid.
d. You have overdrawn your account repeatedly in the last six months.
e. 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 eleventh business day after the day of your deposit.
5. Deposits at Automated Teller Machines
Funds from deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate may not be available until the fifth business day after the day of your deposit. All ATMs that we own or operate are identified as our machines. Funds from deposits at all ATMs in excess of
$1,500 in one day may not be available until the second business day
after the day of deposit.
6. Special Rules for New Accounts
The following special rules may apply during the
first thirty (30) days your account is open:
a. Funds from electronic direct deposits will be available on the
day we receive the deposit..
b. Funds from deposits of wire transfers, and the first $5,000 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
first business day of the deposit if the deposit meets certain
conditions (for example, the checks must be payable to you). The excess
over $5,000 may not be available until the ninth business day after the
day of your deposit.
c. Funds from all other check deposits may not be available until
the eleventh business day after the day of your deposit.
III. ELECTRONIC FUNDS TRANSFERS
The following disclosures set forth your and our additional rights and responsibilities concerning electronic funds transfers. Terms and conditions set forth elsewhere in this Agreement shall also apply to your electronic funds transfer service. Electronic funds transfers ("EFTs") are electronically initiated transfers of money through preauthorized deposits and payments, VISA Check Card, automated teller machines ("ATMs"), point of sale (POS), telephone services provided by Member Service staff, audio response ("Telephone Teller"), and Online Banking transactions involving your deposit accounts at the Credit Union.
1. Services
a. VISA Check Card. If we approve your Application for a VISA Check (debit) Card, you may use your card to purchase goods and services any place your VISA Check Card is honored by participating merchants. Funds to cover your VISA Check Card purchases will be deducted from your
checking account. If the balance in your account is not sufficient to pay the transaction amount, the Credit Union may terminate all services under this Agreement, unless you have an approved Overdraft Protection Agreement with us. You do not have the right to stop payment on VISA Check Card transactions other than preauthorized transfers under Section 10, which follows.
b. Point of Sale (POS). You may use your ATM Cash Card or VISA Check Card together with your Personal Identification Number ("PIN") to pay for purchases from merchants who have agreed to accept the card at such POS terminals as the Credit Union may designate. POS transactions will be withdrawn from your checking account.
c. ATMs. You may use your ATM Cash Card or VISA Check Card together with your PIN in automated teller machines within the Exchange/ACCEL Network,
CO-OP/Star Network or the CIRRUS Network and such other machines or facilities as the Credit Union may designate. At the present time, you may use your card to:
- Make deposits to your checking and savings accounts.
- Withdraw cash from your checking and savings accounts.
- Access an established Line of Credit. (Any advances accessed by this card are governed by your Loan Account Agreement.)
- Purchase travelers cheques at American Express travelers cheque machines.
- Make balance inquiries on your checking, savings, and Personal
Line of Credit balances.
d. Preauthorized Electronic Funds Transfers and Direct Deposits. Preauthorized electronic funds transfers may be made into or from your Credit Union accounts. These may include preauthorized electronic funds transfers made to an account from a third party (such as Social Security or your employer) or from an account to a third party (such as a mortgage,
insurance premium payment or a converted check). If electronic funds transfers are made into or from your account, those payments may be affected by a change in your account status or if you transfer or close your account.
e. Telephone Teller. If approved for Telephone Teller service, you may choose an
account Access Code. You must use your Access Code along with your
member/account number to access your accounts. At the present time you may use the Telephone Teller service to:
- Obtain balance information from your deposit and loan accounts.
- Obtain the transaction history on your checking, savings, Market
Rate Savings, Teachers Deposit Fund, IRA Savings Account and loan accounts.
- Verify certain account information, including if a particular check has cleared your account, the date of your last deposit or loan payment, and loan payoff amounts.
- Transfer funds between your savings, checking and loan accounts.
- Transfer funds to accounts of other members (advance written authorization required).
- Request a withdrawal from your savings, checking, Market Rate
Savings, or Teachers Deposit Fund or an advance from your line of credit account by check mailed to you at your mailing address.
- Verify the total interest you earned on your deposit accounts, and the interest you paid on your consumer loan and Home Equity loan accounts during the prior calendar year.
Telephone Teller transaction amounts are limited to your available funds up to a maximum of $20,000.
f. Online Banking Services. Upon approval, you may use your personal computer to access your accounts. You must use your Access Code along with your
member/account number to access your accounts. You will need a personal computer or access to the Internet (World Wide Web). You are responsible for the installation, maintenance and operation of your computer. The Credit Union will not be responsible for any errors or failures involving any telephone service or your computer. At present time, you may use Online Banking Service to:
- Review account balance and transaction history for your deposit and loan accounts.
- Review information on your loan account including payoff amounts, due dates, and balance information.
- Transfer funds between your savings, checking and loan accounts.
- Transfer funds to accounts of other members (advance written authorization required).
- Make bill payments from your checking account.
- Communicate with the Credit Union using the electronic mail (email) feature.
Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit or loan account will be subject to your Loan Agreement and Disclosures, as applicable.
g. Member Services. Telephone services are provided by our Member Service staff during business hours. Verification of account ownership will be requested before account information is released. To ensure courteous and efficient service, supervisory personnel in our Member Service department will monitor calls randomly.
2. Service Limitations
a. ATM Machines.
1. Cash withdrawals from ATMs can be made as often as you like. You may withdraw up to
$503
per day using your ATM Cash Card
or VISA Check Card, subject to sufficient funds in your account.
2. Deposits. ATM deposits are generally credited on the day of deposit. In the event that network or systems access is interrupted, there may be a delay between the time a deposit (either cash or check) is made and when it will be available for withdrawal. (See our Funds Availability Policy.)
Deposits in excess of $10,000, may not be accepted at ATMs not owned or
operated by the Credit Union.
b. Telephone Teller. Your accounts can be accessed under Telephone Teller service via a touch-tone telephone only. Not all push-button phones are touch-tone. Converters may be purchased for pulse and rotary dial phones.
Telephone Teller service will be available for your convenience seven (7) days per week. This service may be interrupted for a short time each day for data processing. While there is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one day, there are certain limitations on transfers from
Savings,
Market Rate Savings, and Teacher's Deposit Fund accounts. No transfer or withdrawal may exceed the
available funds in your account. Cashier's checks can be made payable only to the primary account owner and will be processed and mailed to your address on file. The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserves on the account.
c. Point of Sale (POS). Purchases made through point of sale terminals are limited to
$1,500 per day using your ATM Cash Card or VISA
Check Card, subject to sufficient funds in your account.
d. VISA Check (debit) Card. VISA purchases are limited to the balance available in your account up to a maximum of $3000 per business day. You are solely responsible for any disputes you may have with merchandise or services received using the VISA Check Card. We are not responsible for any damages, liability, or settlement resolution as a result of the misrepresentation of quality, price, or warranty of goods or services by a merchant. You may not use the card for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness.
We deduct the amount of your transaction, including any charges imposed
by the merchant or financial institution, from the deposit account
you've designated for this service. We may debit or place a hold on your
account for a transaction either on the day it is presented to us for
payment, by electronic or other means, or on the day we receive notice
of the transaction — whichever is earlier — even though the transaction may
not be actually posted to your account until a later date. When you use
your VISA Check (Debit) Card for a VISA transaction, if the merchant
requests preauthorization for this transaction, we will place a three
(3) business day hold on your account for the amount of the
preauthorization request (which may vary in some cases from the mount
of the actual purchase, depending on the merchant's request). If on the
business day the transaction posts to your account, the 3 business day
hold has not expired, both the amount of the hold and the amount of the
transaction reduce the balance available in your account.
You may not use the card for any illegal or unlawful transaction. We may
decline to authorize any transaction that we believe poses an undue risk
of illegality or unlawfulness, and we reserve the right to revoke your
card privileges.
You may not use the card for any illegal or unlawful transaction, and we
may revoke your card and/or decline to authorize any new transaction
that we believe poses an undue risk of illegality or unlawfulness.
e. Online Banking. The following limitations to Online Banking transactions may apply:
- Transfers. You may make funds transfers to other accounts of yours as often as you like. However, transfers from your
Savings,
Market Rate Savings, or Teachers Deposit Fund accounts will be limited to a total of six (6) in any one month. You may transfer or withdraw up to the available balance in your account or up to the available credit limit on a line of credit at the time of the transfer, except as limited under this Agreement or your deposit or loan agreements. The Credit Union reserves the right to refuse any transaction that would draw upon insufficient or unavailable funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account.
- Account Information. The account balance and transaction history information may be limited to recent account information involving your accounts. Also, the availability of funds for transfer
or withdrawal may be limited due to the processing time for any ATM deposit transactions and our Funds Availability Policy.
- E-Mail. The Credit Union may not immediately receive E-mail communications that you send and the Credit Union will not take action based on E-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act. We reserve the right to require any stop payment notices to be put in writing and we may refuse to send certain information through unsecure e-mail communications. If you need to contact the Credit Union immediately regarding an unauthorized transaction or stop payment request, you may call the Credit Union at the telephone number set forth in Section 4.
- Bill Payments. You may authorize new payment instructions or edit previously authorized payment instructions for bill payments that are either variable (i.e. payments on merchant charge accounts that vary in amount) or fixed (i.e. fixed mortgage payments). When you transmit a bill payment instruction to us, you authorize us to transfer funds to make the bill payment transaction from your checking account. We will process bill payment transfer requests only to those creditors as you authorize and for whom the Credit Union has the proper vendor information. The Credit Union will not process any bill payment transfer if we know the required transaction information is incomplete. In any event, the Credit Union will not be liable for any transaction that contains incorrect information that the Credit Union was not responsible for entering or knowing. If there are insufficient funds in your account to make the bill payment, we may either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established.
If we refuse to make the payment, the Credit Union's bill
payment provider may temporarily suspend your bill payment
service. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous. The Credit Union will initiate your bill payment transfer within one (1) business day of the date you schedule for payment.
It is your responsibility to schedule your bill payments in such a manner that your obligations will be paid on time. You should enter and transmit your bill payment instructions at least ten (10) days before a bill is due. You are responsible for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization.
You may cancel or stop payment on variable or fixed bill payment instructions under certain circumstances. If you discover an error in or want to change a payment instruction (i.e. payment date or payment amount) for a variable or fixed payment that you have already scheduled for transmission through the Online Banking service, you may electronically edit or cancel your payment request through the Online Banking service. Your cancellation request must be entered and transmitted through the Online Banking service before the date you have scheduled for payment. If your request is not timely entered, you will be responsible for the payment.
If you wish to place an oral stop payment on a fixed bill payment transaction not using the Online Banking service, the Credit Union must receive your oral stop payment request at least three (3) business days before the payment is scheduled to be made under Section 10. If your Online Banking or oral stop payment request to the
Credit Union is not timely, you may call toll free at 1-800-825-4321 to request assistance in intercepting the transmission prior to payment.
The Credit Union cannot stop or alter your payment instruction once it is transmitted. The Credit Union shall not be responsible for payment instructions or inquiries not provided directly to the Credit Union.
3. Security of Access Code
The ATM-PIN and Access Code (Access Code) are for your security purposes. Anyone to whom you give your Access Code is thereby authorized to transfer money from any of your accounts with the Credit Union. The Access Code is confidential and should not be disclosed to third parties or recorded on or with the card. You are responsible for safekeeping your Access Code. You agree not to disclose or otherwise make your Access Code numbers available to anyone not authorized to sign on your accounts. If you authorize anyone to use your Access Code, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. If the Credit Union suffers a loss as a result of your failure to maintain the security of these access codes, we may terminate your card,
Telephone Teller and Online banking privileges immediately.
4. Member Liability
You are responsible for all transfers you authorize using an EFT service under this Agreement. If you permit other persons to use an EFT service, Card PIN or
Access Code, you are responsible for any transactions they authorize or conduct on any of your accounts.
However, tell us at once if you believe anyone has used your account, Card, ATM-PIN or Access Code and accessed your account without your authority. Telephoning is the best way of keeping your possible losses down.
For VISA Debit Card purchase transactions, if you notify us of your lost or stolen card, you will not be liable for any losses provided you were not grossly negligent or fraudulent in handling your Card and you provide us with a written statement regarding your unauthorized Card claim, otherwise the following liability limits will apply. For all other EFT transactions, if you tell us within two (2) business days you can lose no more than $50 if someone accessed your account without your permission. If you
do not tell us within two (2) business days after you learn of the loss
of your ATM Cash Card or unauthorized use of an EFT service, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500.
In no event will you be liable for more than $50 for any unauthorized line of credit
transaction.
Also, if your statement shows Electronic Funds Transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days of the mailing date of your statement, you may be liable for the full amount of the loss, if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:
(503) 228-7077 local
1-800-527-3932 toll free
or write:
OnPoint
PO Box 3750
Portland, OR 97208-3750
5. Business Days
Our business days are Monday through Friday. Holidays are not included.
6. Fees and Charges
There are certain charges for electronic funds transfer services as set forth on the
Deposit Rate Sheet/Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by law. If you request a transfer or check withdrawal from your line of credit account, such transactions may be subject to finance charges and fees under the terms and conditions of your Loan Account Agreement or Overdraft Protection Personal Line of Credit Agreement.
If you use an ATM that is not operated by us, you may be charged an ATM surcharge by the ATM operator or an ATM network utilized for such a transaction. The ATM surcharge will be debited from your account if you elect to complete the transaction.
7. Right to Receive Documentation of Transfers
a. Periodic Statements. All EFT transactions will be recorded on your periodic statement. You will receive a statement monthly.
b. Direct Deposits. If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling
Telephone Teller or Member Services.
c. Terminal Receipt. You will normally be furnished with a receipt at the time you make any transfer to or from your account using one of The
Exchange/ACCEL, CO-OP/Star, or CIRRUS® ATMs, or a purchase at a point of sale (POS) terminal.
8. Account Information Disclosure
We may disclose electronic funds transfer information to third parties about your account or the transfers you make:
a. As necessary to complete transfers;
b. To verify the existence of sufficient funds to cover specific transactions upon the request of an
authorized party to the transaction;
c. To comply with government agency or court orders;
d. If you give us your written permission.
9. Credit Union Liability for Failure to Make Transactions
If we do not complete a transfer to or from your
consumer account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
(A consumer account is defined as an account belonging to a natural
person and used primarily for personal, family, or household purposes.)
Our sole responsibility for an error in a transfer will be to correct
the error.
For Online Banking services, you agree that
neither we nor the service providers shall be responsible for any loss,
property damage or loss, whether caused by the equipment, software,
Credit Union, or by online browser providers such as Netscape (Netscape
Navigator browser) and Microsoft (Microsoft Internet Explorer browser),
or by Internet access providers or by online service providers or by an
agent or subcontractor of any of the foregoing. Nor shall we or the
service providers be responsible for any direct, indirect, special or
consequential economic or other damages arising in any way out of the
installation, download, use, or maintenance of the equipment, software,
the Credit Union Online Banking services or Internet browser or access
software. In this regard, although we have taken measures to provide
security for communications from you to us via the Credit Union Online
Banking services and may have referred to such services as
"secured", we cannot and do not provide any warranty or
guarantee of such security. In states that do not allow the exclusion or
limitation of such damages, our liability is limited to the extent
permitted by applicable law.
Additionally, the Credit Union will not be liable for
the following:
a. If, through no fault of ours, you do not have enough money in your account to complete a transaction, your account is closed, or the transaction amount would exceed the credit limit on your line of credit.
b. If you used the wrong PIN, Access Code, or member/account number, or you have not properly followed any applicable computer, Internet, or Credit Union instructions for performing the transaction.
c. If the terminal where you are making the transaction does not have enough cash or was not working properly and you knew about the problem when you started the transaction.
d. If your computer fails or malfunctions or the Online Banking service was not properly working and such problem was or should have been apparent when you attempted such transaction.
e. If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular creditor and a fee, penalty, or interest is assessed against you.
f. If circumstances beyond our control (such as fire, flood, postal strikes, equipment or power failure) prevent the transaction.
g. If the money in your account is subject to legal process or other claim, or if your account is frozen because of a delinquent loan, overdrawn account, or suspected fraud.
h. If the error was caused by a system beyond the Credit Unions control such as the ATM network, telecommunications system, or Internet service provider.
i. If you have not given the Credit Union complete, correct, or
current information so the Credit Union can process a transaction.
j. If anyone refuses to honor your VISA Check Card or ATM Cash Card.
k. The ATM machine may retain your card in certain instances, in which
event you may contact the Credit Union about its replacement.
l. If there are other exceptions as established by the Credit Union.
10. Preauthorized Electronic Funds Transfers
a. Stop Payment Rights. If you have arranged in advance to make regular electronic funds transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers
(excluding Online Banking Bill Payments) from your account. You must notify the Credit Union orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. The Credit Union may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do require the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made.
b. Notice of Varying Amounts. If these payments may vary in amount, the person you are going to pay is required to tell you ten (10) days before each payment, when the payment 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 Preauthorized Transfers. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
11. Termination of EFT Service
You agree that we may terminate this Agreement and your use of your ATM Cash/VISA Check Card and EFT services, if you or any authorized user of your ATM Cash/VISA Check Card, PIN or Access Code breach this or any other agreement with us or we have reason to believe that there has been an unauthorized use of your card, PIN or Access Code.
You or any other party to your account can terminate this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
12. Notices
The Credit Union reserves the right to change the terms and conditions upon which EFT services are offered. The Credit Union will mail notice to you at least thirty (30) days before the effective date of any EFT change, as required by law. Use of this EFT service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
13. Billing Errors
In case of errors or questions about your electronic transfers, telephone us at the phone numbers or write us at the address set forth in Section 4 above as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.
a. Tell us your name and member/account number.
b. Describe 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.
The following two paragraphs apply only to
consumer account (an account belonging to a natural person and used
primarily for personal, family, or household purposes):
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions occurring within thirty (30) days after the first deposit to the account (new accounts), we will tell you the results of our investigation within twenty (20) business days. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question (ninety (90) calendar days for POS transaction errors, new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re-credit your account within ten (10) business days (5 business days for OnPoint VISA Check Card purchase transactions) 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 ten (10) business days, we may not re-credit your account.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.
14. ATM Safety Notice
The following information is a list of safety precautions regarding the use of Automated Teller Machine (ATM) and Night Deposit Facilities.
- Be aware of your surroundings, particularly at night.
- Consider having someone accompany you when the ATM or night deposit facility is used after dark.
- If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction.
- Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. Count the cash later in the safety of your car or home. When depositing cash, have a supply of deposit envelopes at home or the office. Prepare your deposit before going to the ATM or
night deposit facility, and conceal the deposit envelope in a pocket or purse until you reach the ATM or
night deposit facility and begin your transaction.
- If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your ATM access device or deposit envelope, and leave.
- If you are followed after making a transaction, go to the nearest public area where people are located.
- Do not write your personal identification number or code on your ATM card. Do not keep a record of your PIN any place where it might be available to others.
- Report all crimes to law enforcement officials immediately.
- Do not leave your transaction receipt at the ATM. Protect your account information.
IV. PRIVACY POLICY
At OnPoint, we respect the
privacy of our members. We recognize the importance of our
responsibility in protecting our members’ information and will protect
the nonpublic personal and financial information that you have entrusted
to us. This notice describes the privacy policy and practices followed
by the Credit Union and our affiliate, OnPoint, Inc.
1. Member Information We Collect.
The Credit Union collects only relevant member information as the law
allows or requires us to collect in order to establish and maintain your
account and services. We may collect personal information about you
which is "nonpublic." The nonpublic personal information we
collect varies depending on the accounts and services you request and
use. We collect information about you from the following sources:
a. Application Information. We retain
personal information we receive from you on any application you
provide for a deposit account, EFT service, ATM Cash Cards and VISA
Check (debit) Cards, consumer and real estate loans. Application
information includes: name, address, social security number, and
credit history.
b. Your Transactions. Any time you make a
transaction on one of your accounts, including ATM or card
transactions, loan advances, transactions through Online Banking, over
the phone or at a branch we retain the transaction information. This
includes: your member/account number, the date, amount, and location
of the transaction.
c. Credit Reports. When we evaluate your
application for an account or service, we may request a credit report
about you from a consumer reporting agency. We retain the personal and
credit history information about you and we may use it to evaluate
future account service requests.
d. Online. We obtain information online
when you visit our Web site, www.onpointcu.com. This includes retaining
information you provide us on any online application, Online Banking
transaction or information you send to us by e-mail.
2. Our Confidentiality and Security
Safeguards.
We maintain strict policies and security controls to assure that your
nonpublic personal information in our computer systems and files is
protected.
a. Employee Access. Credit Union
employees do have access to your information in order to provide
service to you. However, our employees’ access is restricted to
their need to know such information or as necessary to conduct a
transaction or respond to your inquiries. All employees are trained to
respect member privacy. No one except our employees has access to the
Credit Union computer system and records storage.
b. Security Safeguards. The Credit Union
has established security controls and procedures to safeguard the
information you provide us and the information we collect about you.
Any information exchanged between OnPoint and our membership via the
Internet relies on industry standard 128-bit SSL (Secure Sockets
Layer) encryption. Electronic mail by itself is generally not a secure
method of communication. If we ask you for information other than your
name, address, e-mail address, and phone number via the Internet, it
will be obtained using 128-bit SSL encryption.
3. Our Sharing of Member Information.
In order to provide financial services to you, we share certain
information about you with our affiliates and third party service
providers. However, we limit any information sharing to the extent
necessary to service your account. If we share your information, it is
with the goal of bringing you quality services, more choices, and
greater convenience. Information we may have about former members is
generally only shared or disclosed if required to enforce or administer
an account or as required by law.
a. Sharing Information with Credit Union
Affiliates. Our wholly owned affiliate, OnPoint Inc. provides
financial services including insurance, tax preparation services and
auto purchasing. We may share the following information with our
affiliate so they can serve you more efficiently:
- Member information (name, address,
member/account number)
- Account information (type of accounts,
account balances, transaction history)
Because we maintain management control over our
affiliate, you can expect our affiliate to maintain the same privacy
standards as the Credit Union.
b. Sharing Information with Third Party
Service Providers. In order for us to conduct our operations,
including servicing your account or processing your transactions, we
need to share information with our service providers, including the
following: data processing companies, financial and marketing
consultants, check, ATM and other payment processing companies,
payment networks, loan service providers, insurance companies,
collection agencies, and credit reporting agencies. These service
providers act on our behalf and have agreed in writing to keep the
information we provide to them confidential. We share the following
categories of information to third party service providers depending
on the specific services provided:
- Member information (name, address,
member/account number)
- Account information (type of accounts,
account balances, transaction history)
- Transaction information (dates, amounts,
locations and type of transaction)
The Credit Union does not sell or share any
member information with nonaffiliated third party marketers offering
their products and services. While we may offer financial products and
services of our affiliate(s) or third parties, we control the member
information used to make such offers.
c. Sharing Information as Legally Required or
Permitted. We may share any nonpublic personal information of
yours in response to a lawful request issued by a court, government
agency, or regulatory authority or as permitted by law in order to
administer or enforce your account. We may also share our experience
information about you with credit bureaus. Our reporting to credit
bureaus is governed by the Fair Credit Reporting Act, which affords
you the right to make sure that your credit bureau reports are
accurate.
4. Protecting Children’s Information
Privacy.
The online financial services offered through the Credit Union’s Web
site are not designed for or directed toward children under age 13. We
do not knowingly solicit or collect data from children and we do not
knowingly market to children online. We recognize that protecting
children’s identities and online privacy is important and that
responsibility rests with us and with parents.
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