Electronic Funds Transfers Agreement
This Agreement is the contract which covers your and our rights and responsibilities concerning Electronic Fund Transfer (EFT) services offered to you by Firefighters Credit Union (“Credit Union”). In this Agreement, the words “you” and “yours” mean those who sign the application as applicants, or joint owners, or sign a card or use an electronic funds transfer service, or any authorized users. The words “we,” “us,” and “our” mean Firefighters Credit Union. The word “account” means any one or more deposit accounts you have with the Credit Union. By signing or using the Debit Card, enrolling in Virtual Branch (the Credit Union’s online banking service), each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments. Electronic funds transfers (“EFTs”) are electronically initiated transfers of money through direct deposits, direct payments to merchants or other organizations or individuals, electronic check transactions, online banking transactions, Debit Card purchases or transactions at POS terminals or ATMs involving your deposit accounts at the Credit Union.
A. Debit Card. If we approve your application, you may use your Debit Card to purchase goods and services any place your Card is honored by participating merchants. Funds to cover your Debit Card purchases will be deducted from your checking account. A Debit Card purchase will not be authorized if the amount of purchase exceeds the available balance in your account at the time the authorization is requested. For a Debit Card purchase that has been authorized, if there are insufficient funds in your account at the time the authorized transaction is processed by the Credit Union, the funds in your overdraft protection account may be used to pay these transactions.
B. Non-VISA Debit Transactions. Some merchants may permit you to initiate debit transactions with your card using either the VISA network or another network, such as the Star or CO-OP network. The Credit Union will honor your debit transactions processed by any of these networks. Transactions processed over the VISA network do not require you to use your PIN to validate the transaction. Generally, you will sign a receipt, provide your card number (e.g. internet, mail, or telephone transactions), or swipe your card at a terminal. Also, there are certain protections and rights such as the zero liability protections in the section Member Liability, applicable only to VISA processed transactions. Transactions processed over other networks may not require you to use your PIN in order to validate a transaction. Generally, you enter your card number or swipe your card and provide or enter a PIN. However, some merchants may not require you to provide a PIN, and allow you to choose whether the transaction is processed by VISA or another network. Provisions applicable only to VISA transactions (such as VISA’s zero liability protections) will not apply to non-VISA debit transactions and the liability rules for other EFTs in the section titled “Member Liability” will apply.
C. Direct Deposit and ACH. Upon instruction of (i) your employer or (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or of Federal recurring payments, such as Social Security. You may authorize pre-authorized debits to your account through ACH transactions. An ACH transaction drawn from a checking account will be covered by overdraft protection if funds are available and a fee may be charged as set forth in the Rates and Fees Schedule. If you overdraft your account by use of ACH, your account will be subject to a charge as set forth in the Rates and Fees Schedule and may be returned to the payer.
D. Online Banking Services. Upon approval, you may use your personal computer to access your accounts using Virtual Branch, our online banking service. You will be required to enroll in Virtual Branch. When you enroll, you will choose a Login ID and a Security Code, and you will be required to setup other security measures. You will need a personal computer and a web browser (such as Internet Explorer, Safari, or Mozilla Firefox). The online address for the online banking service is www.firefighterscu.com. You are responsible for the installation, maintenance and operation of your computer and modem. The Credit Union will not be responsible for any errors or failures involving any telephone service, Internet Service Provider or your computer. At the present time, you may use the online banking service to:
- Transfer funds between your accounts.
- Review account balance, transaction history, and tax information for any of your accounts.
- Review information on your loan account including payoff amounts, due dates, interest rate, and balance information.
- Make bill payments from your checking account using the bill payment service.
E. Electronic Check Transactions. You authorize us to honor any electronic check conversion transaction and re-presented check fee debit transactions you authorize (“electronic check transactions”). You agree that your authorization for an electronic check transaction occurs when you initiate such a transaction after receiving any notice regarding the merchant’s right to process the transaction. Notice may include a sign posted by the merchant at the time and place of your transaction. All terms governing electronic funds transfer services will apply to electronic check transactions except the $50 and $500 limits of liability for unauthorized transactions in Section 4, Member Liability. You remain responsible for notifying us of any unauthorized electronic check transaction shown on your statement.
2. SERVICE LIMITATIONS.
A. Debit Card/POS Purchases. You are limited to $1,000 in point-of-purchase (POS) transactions you may make on any day during a statement period. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. No purchase may exceed the available funds in your account, unless authorized by the Credit Union. The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds.
B. Online Banking Service Limitations. The following limitations on online banking transactions may apply:
- Transfers. You may make funds transfers to your other accounts as often as you like. However, transfers from your savings or money market 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.
- 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.
- Connection. Your online banking connection will disconnect after a set time, which will vary based on your user settings. You will be notified before disconnection and an option will appear to stay connected. If disconnected, you must reconnect.
- Bill Payment Service. When you apply for bill payment service you must designate your Checking Account as the account from which payments that you authorize will be deducted. You will be given the ability to set up merchants, institutions or individuals that you would like to pay. You are not permitted to designate governmental agencies or courts. All payees must be in the United States. We reserve the right to not allow the designation of a particular merchant or institution. You or any persons who you have authorized to use your online banking or bill payment service or any access code can perform the following transactions:
- Make Bill Payments. Pay any designated merchant, institution or individual in accordance with this agreement, a fixed recurring amount or a variable amount from your designated Checking Account.
- Obtain Information. Obtain information (payee information, payment status information, etc.) about your bill payment account status.
- Bill Payment Transactions. You authorize us to process bill payments from your designated account. You may use the bill payment service to initiate different types of payment transactions:
- “Manual” payments are payments that are not recurring. You initiate each payment by setting the payment amount and due date. The payments can be canceled or changed through the bill payment service up until 7:30 PM on the scheduled send date.
- “Recurring” payments are automatic payments that are sent based on a fixed due date and fixed amount. You have an option in the bill payment system to set Automatic Payments to continue for a specific number of payments. The payment can be canceled or changed through the bill payment service up until 7:30 PM on the scheduled send date.
- Authorized Payments. When you transmit bill payment instructions 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 payees you authorize and for whom the Credit Union has the proper payee 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 request, we may either refuse to make the payment or make the payment and transfer funds from any overdraft protection account you have established. The Credit Union reserves the right to refuse to process payment instructions that reasonably appear to the Credit Union to be fraudulent or erroneous.
- Processing Payments. The amount of your requested bill payments will be deducted from your checking account. You must have sufficient funds available to cover your payment on the date the payment is scheduled for processing. There is a dollar limit of $2,500 (or your available balance) on any payment. No more than $10,000 may be sent from any bill payment account in one day. Bill payments are delivered to the payee either electronically, which may take up to three business days from the scheduled send date, or by check to those payees not set up to accept electronic payments, which may take up to five business days from the scheduled send date. 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) business days before a bill is due. If you do not allow sufficient time, you assume full responsibility for any late payments or finance charges that may be imposed as a result of your failure to transmit a timely bill payment authorization. For eligible payees, you may choose to send an expedited payment for faster delivery. Fees will apply for this service and may vary depending on the type of payee. You must agree to these fees at the time of scheduling an expedited payment and have sufficient funds available in your designated checking account for the payment and expedited fees. Expedited payments cannot be cancelled or edited.
- Canceling or Changing Bill Payments. You may cancel or stop payment on Future and Recurring bill payments instructions under certain circumstances by following the instructions provided. If you discover an error in or want to change a payment instruction (i.e., payment date or payment amount) for a bill payment that you have already scheduled for transmission through the bill payment service, you may electronically edit or cancel your payment request through bill payment. Your cancellation request must be entered and transmitted through the bill payment service before 7:30 PM on the date you have scheduled for payment. If your request is not timely entered, you will be responsible for the payment.
- Your Responsibilities. You authorize the Credit Union to post payment transactions generated through the Bill Payment Service provider, to the checking account indicated on the Electronic Bill Payment Registration form. The Credit Union does not and cannot guarantee the time any payment will reach a vendor. Payments may take up to or more than 3 business days for Electronic Payments and up to or more than 5 business days for Check Payments. It is your responsibility to allow reasonable time for payments to reach the payees you have designated. We will not be liable for any service fees or late charges imposed against you. Also you understand you are responsible for any loss or penalty you may incur due to lack of sufficient funds, or other conditions, which may prevent the withdrawal of funds from your account. In the event your bills are paid as you have instructed and there is no funds in your account, you understand we or our Service Provider has the right to collect the funds from you. You may discontinue the service at anytime by notifying the Credit Union. However, canceling the bill payment service will stop any future payments you have authorized.
C. General Limitations. The following limitations on electronic services from the Credit Union may apply.
- Availability. Electronic Services are available seven (7) days week, 24 hours a day. However, from time to time, some or all of the Credit Union’s services may not be available due to system maintenance.
- Transaction Limits. Transactions involving your deposit accounts will be subject to the terms of your Membership and Account Agreement and transactions involving a line of credit account will be subject to your Loan Agreement and Disclosures, as applicable.
- System Limits. Systems will discontinue service after three unsuccessful attempts to enter a transaction.
- Right of Refusal. 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. The Credit Union may set other limits on the amount of any transaction and you will be notified of those limits.
- 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.
3. CONDITIONS OF ACCOUNT/CARD USE. The use of your Account and Cards are subject to the following conditions:
- Ownership of Cards. Any Card or other device that we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the Card, immediately according to instructions. The Card may be repossessed at any time in our sole discretion without demand or notice. You cannot transfer your Card or Account to another person. 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.
- Honoring the Card. Neither we nor merchants authorized to honor a Card will be responsible for the failure or refusal to honor the Card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your Account in lieu of a cash refund.
- Security of Access Code. The personal identification number or security code that you select is for your security purposes. The security code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your security code available to anyone not authorized to sign on your accounts. If you authorize anyone to have or use your security code, you understand that person may use the online banking service to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your security code and you agree that the use of your security code will have the same effect as your signature authorizing transactions. If you authorize anyone to use your security code in any manner, that authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your security code immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your security code is changed. If you fail to maintain or change your security code and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.
4. MEMBER LIABILITY. You are responsible for all transfers you authorize using your EFT services under this Agreement. If you permit other persons to use an EFT service, Cash or Debit Card or access code you are responsible for any transactions they authorize or conduct on any of your accounts. Tell us at once if you believe anyone has used your Account, Cash or Debit Card or access code and accessed your accounts without your authority or if you believe that an electronic funds transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. For all EFT transactions except electronic check transactions, if you tell us of the unauthorized use of your account 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 unauthorized use of your account or EFT service, and we can prove that we could have stopped someone from accessing our account without your permission if you had told us, you could lose as much as $500. Also, if your statement shows EFT transfers that you did not make including made by Debit Card, access code or other means, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the following amounts if we can prove that we could have stopped someone from making the transfers if you had told us in time: (i) for unauthorized Debit Card purchase transactions -- up to the limits set forth above and (ii) for all other unauthorized EFT transactions -- up to the full amount of the loss. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe your Debit Card or security code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you should:
- Call 1-801-487-3219 or 877-658-7395 during business hours.
- Call 800-543-5073 after business hours to report a lost or stolen Debit Card.
- Write Firefighters Credit Union, 124 W 1400 S Suite 101, Salt Lake City, UT 84115.
5. BUSINESS DAYS. Our business days are Monday through Friday. Holidays are not included.
6. FEES AND CHARGES. There are no Credit Union charges for electronic funds transfers. Your normal account charges will continue to apply as set forth on the Rate and Fees Schedule. In addition, you should be aware of transaction surcharges that may be accessed by owners of an ATM or POS terminal for use of their equipment. These surcharges will be included in the transaction amount posted to your account. Purchases and cash advances made in foreign countries will be billed to you in U.S. dollars. The currency conversion rate for international transactions as established by VISA International, Inc. is a rate selected by VISA from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or the government-mandated rate in effect for the applicable central processing date. In addition, you will be charged a Foreign Transaction Fee of 1% of the transaction amount for any card transaction made in a foreign country.
7. RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS.
A. Periodic Statements. Transfers, withdrawals, and purchases transacted through an ATM, POS terminal, or Virtual Branch, or with a participating merchant will be recorded on your periodic statement, provided by mail or electronically if you have requested an electronic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly. You may request that your statement be provided electronically.
B. Terminal Receipt. You will receive a receipt at the time you make a transaction using an ATM, POS terminal or with a participating VISA merchant, except some electronic terminals will not provide receipts for transactions of $15 or less.
C. Virtual Branch. Transaction history is also available through Virtual Branch.
D. 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 the phone numbers listed above. This does not apply to transactions occurring outside the United States.
- As necessary to complete transfers;
- To verify the existence of sufficient funds to cover specific transactions upon the request of a third party merchant;
- To comply with government agency or court orders;
- If you give us your express permission.
9. CREDIT UNION 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. Our sole responsibility is for an error and in no case will we be liable for any indirect, special or incidental damages. However, there are some exceptions. We will not be liable for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer or the transfer would go over the credit limit on your line of credit, if applicable.
- If you used the wrong security code or you have not properly followed any applicable computer, or Credit Union user instructions for making transfer and bill payment transactions.
- If the Card has expired or is damaged and cannot be used.
- If the automated teller machine (ATM) where you are making the transfer does not have enough cash or was not working properly and you knew about the problem when you started the transaction.
- If your computer fails or malfunctions or the automated telephone access or online banking services were not properly working and such problem should have been apparent when you attempted such transaction.
- If circumstances beyond our control (such as fire, flood, telecommunication outages, postal strikes, equipment or power failure) prevent making the transaction.
- If the funds in your account are subject to an administrative hold, legal process or other claim.
- If you have not given the Credit Union complete, correct and current instructions so the Credit Union can process a transfer or bill payment.
- If there are other exceptions as established by the Credit Union.
- The ATM or POS terminal may retain your card in certain instances, in which event you may contact the Credit Union about its replacement.
- If, through no fault of ours, a bill payment or funds transfer transaction does not reach a particular payee due to changes in the payee address, account number or otherwise; the time you allow for payment delivery was inaccurate; or the payee failed to process a payment correctly, or in a timely manner, and a fee, penalty, or interest is assessed against you.
- If the error was caused by a system beyond the Credit Union’s control such as a telecommunications system, an Internet service provider, any computer virus or problems related to software not provided by Credit Union.
10.PRE-AUTHORIZED ELECTRONIC FUND TRANSFERS.
A. Stop Payment Rights. If you have arranged in advance to make fixed pre-authorized transfers of funds out of your account(s) not using the Bill Payment service, you may stop payment of such pre-authorized transfers from your account. You must notify the Credit Union orally or in writing at the telephone number or address stated previously 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 regular payments may vary in amount, the company you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be.
C. Liability for Failure to Stop Payment of Pre-authorized 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 SERVICES. You agree that we may terminate this Agreement and your use of your EFT services and the use of your card, if you or any authorized user of your security code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your security code or card; or 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 this service is offered. The Credit Union will provide you with notice at least twenty-one (21) days before the effective date of any change, as required by law.
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 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.
- Tell us your name and account number.
- 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.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days. We will tell you the results of our investigation within ten (10) business days after we hearfrom 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) calendar 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 (five (5) business days for Debit 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.
- 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 Debit Card.
- Report all crimes to law enforcement officials immediately.