Electronic Funds Transfer
This Disclosure supersedes all Disclosures prior to the effective date shown below. Effective 6-1-04
ELECTRONIC SERVICES DISCLOSURE AND AGREEMENT
In the following Agreement, the words "YOU" and "YOUR" mean each and all of those who apply for and/or use any of the electronic services described in this Disclosure and Agreement. The words "WE", "US", "OUR" and "CREDIT UNION" mean E1 FINANCIAL CREDIT UNION.
This Disclosure and Agreement is given in compliance with the Electronic Funds Transfer Act (15 U.S.C., 1693, et. seq.) and Regulation E (12 CFR 205, et. seq.) to inform you of certain terms and conditions of the electronic funds transfer services you have requested.
At the present time, E1 FINANCIAL CREDIT UNION participates in several types of services that may be accomplished by electronic transfer: preauthorized deposits of net paycheck; preauthorized deposit of payroll deduction; preauthorized deposit (Direct Deposit) of pension checks and Federal Recurring Payments (for example, Social Security payments); preauthorized payments to a third party (for example, insurance premiums and mortgage payments); preauthorized transfers from another financial institution; "POWER LINE" Audio Response; VISA Debit Card; Internet Banking; Bill Payment Service; and automated teller machine (ATM) electronic funds transfer (EFT) services; transactions at a point of sale (POS) terminal whether or not an access device is used; a check conversion to an EFT transaction such as when you provide a check to a merchant for the merchant to capture the routing, account and serial numbers to initiate a transfer, whether the check is blank, partially or fully completed and signed and regardless of where the check is presented to the merchant or whether you or the merchant or the Credit Union retains the check. Disclosure information applicable to all electronic services offered by E1 FINANCIAL CREDIT UNION is given below, with certain specific disclosure information for each service following separate sections. You understand that the agreements, rules and regulations applicable to your Regular Share Account, Checking Account, and any other applicable account, remain in full force and effect and continue to be applicable except as specifically modified by this Disclosure and Agreement.
Any financial service provided by the Credit Union may be used for any transaction permitted by law. You agree that illegal use of any financial service will be deemed an action of default and/or breach of contract and such service and/or other related services may be terminated at the Credit Union's discretion. You further agree, should illegal use occur, to waive the right to sue the Credit Union for such illegal activity directly or indirectly related to it you also agree to indemnify and hold the Credit Union harmless from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use.
Your acceptance, retention or use of the ATM Card, VISA Debit Card, or Personal Identification Number (PIN) constitutes an agreement between us and you as described below.
ATM AND VISA DEBIT CARD CARDHOLDER AGREEMENT
If so designated on the Application for Membership, you hereby apply to E1 FINANCIAL CREDIT UNION for an ATM Card and/or VISA Debit Card (herein referred to as "Card") privileges and agree to all of the following terms and conditions:
- The term "Card" means any VISA Debit Card or ATM Card subject to this Agreement as disclosed. The Card is the property of the Credit Union and you agree to surrender the Card to the Credit Union promptly upon demand. We may cancel, modify or restrict the use of the Card upon proper notice or without notice if your account is overdrawn, if we are aware that you have violated any term of the Disclosure and Agreement (whether or not we suffered a loss) or where necessary to maintain or restore the security of your account(s) or the ATM system.
- The Credit Union issues the Card for your use only. You assume responsibility for all transactions made through the Card to include access to any lines of credit or Savings or Checking Accounts under this account number.
- You will be assigned a Personal Identification Number (PIN). At no time will you reveal or make available, directly or indirectly, the Personal Identification Number to any other person.
- Any loss or theft of the Card and/or PIN must be promptly reported to Energy First Credit Union at (323) 981-4000. For POWER LINE users, please call (877) 442-8743.
- The use of the Card is subject to regulations on Regular Savings Accounts, Checking Accounts, and any lines of credit. You agree not to withdraw funds in excess of the balance in your Regular Savings or Checking Account, including any agreed upon line of credit.
- You agree to pay all fees or costs and authorize E1 Financial Credit Union to withdraw any fees or costs or overdrafts created from any of your available accounts.
- All deposits are credited subject to verification as required by applicable Federal regulations and your account agreement.
- You agree that when you deposit a check, draft or other non-cash item, the Credit Union has the right to collect those funds before making the money available to you, as outlined in the Funds Availability policy.
- Nothing in this agreement shall be deemed to annul, limit or in any way modify any other obligation or relationship you may have with the Credit Union now or hereafter.
- Deposits made to either the Regular Share or Checking Account which are received before 2:00 p.m. on a business day will be credited to the account on that same day. If necessary, holds will be placed on any checks included for deposit in accordance with the Funds Availability policy.
ADDITIONAL DISCLOSURES APPLICABLE TO ATM ELECTRONIC FUNDS TRANSACTIONS
If you requested E1 FINANCIAL CREDIT UNION to issue you a VISA Debit Card or ATM Card to be used to transact business at an automated teller machine (ATM), then the following applies to you.
Account access: The ATM services made available to you depend on the type of account(s) you maintain.
When using the ATM card at any designated ATM network: You may make withdrawals or other transactions in accordance with the "Transactions available" section below.
ATM service: The E1 FINANCIAL CREDIT UNION ATM and VISA Debit Card service is available 24 hours a day, seven days a week.
Confidentiality of PIN: You agree to hold your Personal Identification Number (PIN) in strict confidence, and you will notify the Credit Union immediately if the VISA Debit Card, ATM Card or PIN is lost or stolen. As a precaution you should:
- Never write your PIN on your VISA Debit Card or ATM Card or any material carried near or with your card;
- Never let anyone else use your Card;
- Never tell anyone your PIN;
- Never let anyone watch you use your Card or PIN at an ATM.
If you forget your PIN you may contact us and a duplicate will be issued at a charge set forth in our Disclosure of Fees and Charges.
You understand that the use of the PIN to access Credit Union accounts will acknowledge acceptance of the following terms and conditions:
- The Credit Union registers the PIN for your use only. You assume responsibility for all transactions made through the systems.
- The PIN is the property of the Credit Union and is subject to cancellation at any time. You may cancel your PIN privileges at any time by notifying E1 Financial Credit Union in writing at 1155 Corporate Center Drive, Monterey Park, CA 91754.
- You understand that the Personal Identification Number is personal and confidential. Therefore, you agree to take all reasonable precautions that no one else learns your PIN. At no time will you reveal or make available, directly or indirectly, the PIN to any other person.
- Any loss or theft of your PIN must be promptly reported by calling the Credit Union at (323) 981-4015. Once issued, the Credit Union does not maintain a record of the PIN; if the PIN is lost or stolen you must apply for a new PIN.
- The use of your PIN is subject to all agreements and regulations on Checking and Regular Savings Accounts. You agree not to withdraw funds in excess of the balance in your accounts, including any agreed upon line of credit.
- If a PIN is requested for a joint account, you agree to be jointly and severally liable under the terms of this Agreement.
Note: Three (3) bad PIN tries in 24 hours will make the Card invalid for the next 24 hours.
Deposits: You understand and agree that we accept funds deposited at an ATM subject to verification and collection, and receipts issued by an ATM are binding only after verification. Funds deposited by check may be unavailable for withdrawal until collected by the Credit Union. The delay will depend upon Credit Union policies as permitted by law, and you should refer to the Credit Union's Disclosure of Funds Availability Policy for details.
Transaction authorization: By using your ATM Card or VISA Debit Card in conjunction with your PIN at an ATM, you authorize the Credit Union to provide account balance information or to make withdrawals from your accounts with the Credit Union, in accordance with the instructions given to the automated teller machine.
If you authorize us to issue an ATM or VISA Debit Card (or any other access device) to anyone else, or if you permit any person to use your Card, you authorize that individual to withdraw funds from any account which can be accessed by the ATM Card or VISA Debit Card, regardless of whether that individual is authorized to withdraw funds from the account by means other than the use of the ATM Card or VISA Debit Card.
Transactions available: You may use your ATM Card or VISA Debit Card to:
- Inquire as to the balance in your Checking and/or Regular Savings Account;
- Withdraw cash from your Checking Account;
- Withdraw cash from your Regular Savings Account;
- Withdraw cash from Qwik CashLine of Credit Account or VISA Credit Card;
- Deposit funds to your Regular Savings or Checking Account. *
- We may offer additional services in the future and if so, you will be notified of them.
* Not available at all ATM's.
You may use your ATM Card or VISA Debit Card in automated teller machines (ATMs) identified with a logo for any network or system as we may designate.
Limitation on transactions (ATM Card): Subject to the available balance in your account(s), you may use your ATM Card to withdraw up to $515.00 per day. Other ATMs may have a lower limit.
ADDITIONAL TRANSACTIONS AVAILABLE (VISA Debit Card): In addition to the above you may use the VISA Debit Card and PIN to:
- Withdraw cash from your Account at ATMs, merchants, or financial institutions that accept VISA Cards or displays the logo of an ATM Network affiliated with the Credit Union;
- Make deposits to your accounts at the Credit Union.
You may use the VISA Debit Card without the PIN to:
- Purchase goods or services at places that accept VISA Cards (these are point-of-sale or POS transactions);
- Order goods or services by mail or telephone from places that accept VISA Cards;
Some of these services may not be available at all terminals.
Use of the VISA Debit Card, the Account number on the Card, the PIN or any combination of the three for payments, purchases, or to obtain cash from merchants, financial institutions, ATMs or others who honor VISA Card is an order by you for the withdrawal of the amount of the Transaction from your Account and is authorization to the Credit Union to provide account balance information, make the requested transfer or accept deposits to your account. Each transaction with the VISA Debit Card will be charged to your Account on the date the Transaction is posted to your Account.
When you use your VISA Debit Card to pay for goods or services at a merchant or Point-of-Sale terminal, or to obtain cash, you use it as a debit card and it works like a check you write on your account. Your VISA Debit Card is not a credit card which means you may not defer payment of VISA Debit Card transactions.
When you use your VISA Debit Card, you must follow the merchant's or financial institution's rules and you may be asked to sign a sales slip. Some merchants may impose a fee for VISA Debit Card use and we will not be liable for that fee or if the merchant or financial institution refuses to accept your VISA Debit Card or VISA Debit Card number.
We may debit or place a hold on funds in your account(s) 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.
If a merchant or financial institution requests an authorization for a transaction you want to conduct, we may place a hold on your account(s) for the amount authorized. As a result, you will not have access to the funds on hold, other than for the transaction authorized, until the hold expires.
You may not stop payment on a VISA Debit Card transaction. Furthermore, in the event of a dispute with a merchant, you may have to settle directly with that merchant. If the merchant misrepresents the quality, price or warranty of the goods or services in which you paid with your VISA Debit Card, you indemnify us or all damages and liability which results from the misrepresentation. If you breach or do not fulfill the terms of your agreement, you also indemnify us for all resulting damage and liability.
LIMITATIONS ON DOLLAR AMOUNTS AND FREQUENCY OF TRANSACTIONS (VISA Debit Card): The following limitations apply to the use of the VISA Debit Card:
- A $515.00 limit on cash withdrawals at an ATM each 24 hour period.
- A $515.00 limit on pin-based POS transactions, each 24 hour period.
- A $3,000.00 limit on signature based purchases, each 24 hour period.
- There are no limitations to the frequency of VISA Debit Card transactions imposed by the Credit Union; however, there may be limitations imposed by the merchant or the terminal.
Withdrawals must be in multiples of $5.00, $10.00 or $20.00, depending on the ATM location.
You agree to follow the instructions posted or otherwise given by us or any ATM network accessed by the ATM Card or VISA Debit Card.
Overdraft to a QWIK CASH Line of Credit or visa credit card: If you have a Qwik CASH Line of Credit or VISA Credit Card in conjunction with your Checking Account, then you may use that Account to fund any overdraft on your Checking Account caused by ATM and/or VISA Debit Card access. Other than by the specific overdraft provision agreed to by you separately, you may not use your ATM or VISA Debit Card(s) to overdraw your Checking Account or VISA Credit Card, your Regular Share Account, or your Qwik CASH Line of Credit, unless applicable. However, if you do overdraw, you authorize us to cover the overdraft as follows:
- Overdrawn Checking Account: Withdraw funds from your Regular Share Account or make a cash advance from your Qwik CASH Line of Credit Account or VISA Credit Card, if any, or make a withdrawal from your other accounts, including accounts on which you are a joint owner.
- Overdrawn Regular Share Account: Withdraw funds from your Checking Account or make a cash advance from your Qwik CASH Line of Credit Account or VISA Credit Card, if any, or make a withdrawal from your other accounts, including accounts on which you are a joint owner.
- Overdrawn Qwik CASH Line of Credit Account or VISA Credit Card: Withdraw funds from your Regular Share Account, Checking Account or from your other accounts, including accounts on which you are a joint owner.
Overdrafts which cannot be honored are payable upon demand and may result in termination of your account(s).
Documentation of transfers: You will receive a receipt at the time you make any transaction at an ATM or have VISA Debit Card activity. You should retain this receipt to compare with your statement. Also, you will receive periodic statements at least quarterly, and you will receive a monthly statement for any account which had ATM or VISA Debit Card activity during the month.
ADDITIONAL DISCLOSURES
APPLICABLE TO POWERLINE AUDIO RESPONSE, INTERNET BANKING AND BILL PAYMENT SERVICE
By requesting POWER LINE or Internet Banking or completing a Bill Payment Service application, you have requested that E1 FINANCIAL CREDIT UNION provide you with a confidential Access Code for access to our POWER LINE telephone banking or Internet Banking service. Bill Payment Service is accessed through Internet Banking (This Access Code will be different from your Energy First Credit Union ATM or VISA PIN).
GOVERNING DOCUMENTS: Your use of POWER LINE and Internet Banking is governed by this Disclosure and Agreement (and any application you sign for these programs) and any other agreements you have with us concerning the transaction you are conducting through these services such as a loan or Line of Credit Agreement. These other agreements are not changed by you using POWER LINE or Internet Banking.
MEMBER ACCESS AND RESPONSIBILITY: When you instruct us through POWER LINE or Internet Banking to transfer funds between your accounts or pay a bill from one of your accounts, you authorize us to transfer or withdraw the necessary funds from the account you designate. You agree not to instruct us to transfer funds or pay a bill from an account which has insufficient funds to complete the transaction and we may not complete the transaction unless there are available funds in the designated account.
POWER LINE/INTERNET BANKING service: Service is available for your convenience 24 hours a day, seven days a week, with minor interruptions for system maintenance.
If the wrong Access Code is entered three (3) times consecutively, POWER LINE/ Internet Banking will hang-up as a security measure.
Types of transactions available. You may use POWER LINE/Internet Banking to:
- Obtain account and loan balances;
- Obtain loan payment due date and pay off information;
- Obtain last dividend, date and amount;
- Request a check withdrawal from your share; (POWER LINE Only)
- Transfer funds between your Regular Share, Cookie Jar, Holiday Club and Checking Account;
- Access your Line of Credit Account or VISA Credit Card to request loan advances; (POWER LINE Only)
- Transfer funds from your Line of Credit or VISA Credit Card to your share savings accounts; and
- Make loan payments;
- Pay bills directly by Internet Banking (computer modem) from your Checking Account in the amount and on the days requested (available through Bill Payment Service).
All payments and deposits are subject to later verification by us.
LIMITATIONS ON TRANSACTIONS: The maximum amount you may withdraw by check is $10,000. (POWER LINE Only)
POSTING OF TRANSACTIONS: Transactions made on any business day are posted that day. Transactions made on weekends or holidays are posted the next business day and are recorded for dividend purposes on the day posted.
NOTE: Credit Union checks are prepared for withdrawals requested on POWER LINE only and will be mailed to your address of record. Checks requested after 3:00 p.m. Pacific Standard Time on any regular business day, or weekends or holidays, will be mailed on the next business day.
Transactions made through POWER LINE or Internet Banking are binding only after verification by the Credit Union. Transactions occurring after normal business hours each day will be posted to the appropriate account(s) on the next business day after the date of such transaction.
The total dollar amount of each transaction via POWER LINE or Internet Banking is subject to sufficient verified funds available to satisfy your transaction instructions.
The frequency of preauthorized, automatic or telephone transfers is limited pursuant to Regulation D restrictions as disclosed on page 11.
POWERLINE OR INTERNET Banking Access Code: You understand that you cannot use POWER LINE or Internet Banking without an Access Code, which we refer to as your POWER LINE or Internet Banking Access Code (or password) that you will select. You are responsible for the safekeeping of your POWER LINE or Internet Banking Access Code, and for all transactions accomplished by using POWER LINE or Internet Banking.
You will notify us immediately and send written confirmation if your POWER LINE or Internet Banking Access Code is disclosed to anyone other than a joint owner of your account. If you disclose your POWER LINE or Internet Banking Access Code to anyone, however, you understand that you have given them access to your accounts via POWERLINE/Internet Banking and that you are responsible for any such transactions. You are responsible for all transfers and withdrawals you authorize using POWERLINE or Internet Banking. If you permit non-authorized persons to use POWER LINE or Internet Banking or your Access Code,you are responsible for any transactions they conduct.
You further understand that your POWER LINE or Internet Banking Access Code is not transferable and you will not disclose your POWER LINE or Internet Banking Access Code or permit any unauthorized use thereof.
We are authorized to act on any instructions received under your POWER LINE or Internet Banking Access Code.
ILLEGAL, FRAUD OR IMPROPER ACTIVITIES: You agree not to use Internet Banking or the Credit Union's web site for any illegal, fraudulent or improper activity including, but not limited to, illegal gambling or linking the Credit Union's web site to any other website. If we or any service provider suspects that you may be engaged or may have engaged in any illegal, fraudulent or improper activity, your access to Internet Banking and the Credit Union's web site may be suspended or terminated without advance notice. You agree to cooperate with us to investigate any suspected illegal, fraudulent or improper activity. You will indemnify us for our losses resulting from your illegal, fraudulent or improper activity.
Periodic statement: You will receive a periodic statement at least quarterly, and will receive a monthly statement for any account which has POWER LINE/Internet Banking activity during the month.
INFORMATION WE SEND YOU: Any information you receive from us electronically is provided on a best-efforts basis and is believed to be reliable but cannot be guaranteed. We are not responsible for any deficiencies in the accuracy, completeness, availability or timeliness of such information or any investment or other decision you make using this information.
BILL PAYMENT SERVICES AGREEMENT: To use Bill Payment Services through Internet Banking, you must first complete the Electronic Registration process. Upon your approval, we will forward the necessary information to Metavante Data Services who will provide you with a User Guide and Access Code which will allow you to use the services. All payments you make through Bill Payment Service will be deducted from your designated Checking Account. Any payee you wish to pay through Bill Payment must be payable in U.S. Dollars. Each payee must appear on the payee list you create with us and the account you are paying must be in your name. You must not use Bill Payment Service to make payments to a federal, state or local government or tax unit, or to other categories of payees that you may establish from time to time.
You must allow sufficient time for the payee to receive and process the payment before the payment due date (the due date shown on your invoice or provided in your agreement with payee, not taking into account any grace period provided by the payee). If you do not allow sufficient time, you will assume full responsibility for all late fees, finance charges, or other actions taken by payee. IMPORTANT: Payments may take up to 10 days to reach the vendor (payee), as they are sent either electronically or by check. E1 Financial Credit Union is not liable for any service or late charges levied against you. You may make arrangements to pay certain recurring bills from your Checking Account.
Metavante Data Services are responsible only for exercising ordinary care in making payments upon your authorization and for mailing or sending a payment to the designated merchant in accordance with this Agreement and Disclosure. The Credit Union and Metavante Data Services are not liable for any damages you incur if you do not have sufficient funds in your account to make the payment on the processing date, if the estimated time to allow for delivery, changes of merchant address or account number, the failure of any merchant to account correctly for the payment in a timely manner, or for any other circumstance beyond the control of the Credit Union or Metavante Data Services.
A written notice will be sent to you of transactions we are unable to process because of insufficient available funds. In all cases, you are responsible for either making alternate arrangements for payment, or rescheduling the payment through Bill Payment Service. Insufficient available funds will prevent us from making more payments until resolved.
You authorize us, and any third-party acting on our behalf, to choose the most effective method to process your payments. You will receive a transaction confirmation number for each properly instructed payment. Unless you receive a confirmation number, we shall not be liable for any failure to make a payment.
We may charge your Checking Account on the day that a Draft (Check) or other transaction is presented to us directly or electronically for payment.
The Credit Union reserves the right to refuse to make any payments, but we will notify you of any such refusal within three (3) business days following receipt of your process date.
Under some circumstances, you may stop or modify some authorized payments.
Payments designated as "Today" transactions cannot be stopped, canceled, or changed once your Bill Payment Service session is terminated. In order to request a stop payment or change a Bill Payment Service transaction, you must contact Metavante Data Services customer service at (800) 823-7555.
If you cancel your Bill Payment Service subscription you must notify us in writing at:
E1 Financial Credit Union 1155 Corporate Center Drive Monterey Park, CA 91754
You will be responsible for all payment instructions made prior to termination and for all other applicable charges and fees. You will cancel all outstanding payment orders with the payee(s) before notifying us to terminate this service.
This agreement, any user's manual, and the applicable fees and charges may be amended by us in the future. In the event of amendment, we shall send notice to you either by mail to your last known address or transmit such notice of the amendment over the Bill Payment Service. Your use of the Bill Payment Service following the receipt of such notice constitutes acceptance of such amendment(s).
OUR LIABILITY FOR INTERNET BANKING SERVICES: Except as specifically provided in this Agreement or where the law requires a different standard, you agree that neither we nor any Internet or commercial on-line access or browse provider (such as America Online, CompuServe, Netscape or Microsoft, collectively called "Service Providers") shall be responsible for any loss, property damage or bodily injury, whether caused by the equipment, software, the Credit Union, OR by Service Provider OR by an agent or subcontractor of any of the foregoing with respect to the Internet Banking Service. 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, use or maintenance of the equipment, software, the Internet Banking services, or Internet browser or access software. Neither we nor the Service Providers are responsible for any computer viruses. Further, we will only be responsible for acting on instructions sent through Internet Banking which are actually received by us. Except as otherwise stated in this Agreement or as required by law, our entire liability and the liability of any Service Provider and your exclusive remedy with respect to Internet Banking services is the replacement of any browser or software, if any, provided by us to you.
In those states which do not allow for the exclusions or limitation of liability for consequential or incidental damages, our liability is limited the extent permitted by law.
NO WARRANTIES: NEITHER WE NOR ANY SERVICE PROVIDER MAKES ANY EXPRESS OR IMPLIED WARRANTIES CONCERNING THE POWERLINE OR Internet BANKING SERVICE, SOFTWARE OR BROWSER, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW.
INDEMNIFICATION: To the extent permitted by law, you agree to indemnify, defend and hold us and our directors, officers, employees and agents harmless from and against any damage, loss or liability of any kind which we may incur including, without limitation, our reasonable attorneys' fees and court costs that result directly or indirectly, in whole or in part, from your access of the services and performance of transaction via POWER LINE or Internet Banking.
LIMITATIONS ON IMPORT AND EXPORT: You understand that our software and any Service Provider software includes encryption capabilities that are currently subject to strict export license requirements prior to export from the U.S. or Canada. You agree not to download, ship, transfer or export any of our or Service Provider software or technical data received from us or the Service Provider or their direct product into any country or use same in any manner prohibited by the United States Export Administration Act or the requirements of the Export Administration Regulations (15 CFR Parts 730-774) (the "EAR") or any other regulation, law or Executive Order. Your obligations under this provision shall remain in effect after termination of this Agreement.
STOP PAYMENT ORDERS: YOU CANNOT PLACE A STOP PAYMENT ORDER OR AMEND OR CANCEL A TRANSFER INITIATED THROUGH POWER LINE OR Internet BANKING ONCE IT HAS BEEN RECEIVED BY US.
ADDITIONAL DISCLOSURES APPLICABLE TO PREAUTHORIZED DEPOSIT OF NET PAYCHECK, PAYROLL DEDUCTIONS, PENSION CHECKS AND FEDERAL RECURRING PAYMENTS
If you have arranged to have preauthorized electronic deposits of your net paycheck, payroll deductions, pension checks or Federal Recurring Payments (for example, Social Security payments), the following information applies to you.
ACCOUNT ACCESS: Preauthorized deposits, with the exception of payroll deductions, may be made to your Regular Share Account or Checking Account(s) only.
NOTIFICATION OF PREAUTHORIZED DEPOSITS: If you have arranged with a third party (for example, the Social Security Administration) to make preauthorized deposits to your account at least once every sixty (60) days, that third party making preauthorized deposits may have agreed to notify you every time the party sends us money to deposit to your account. If you have not made such an arrangement, you may telephone us at (323) 981-4000 and we will advise you whether or not the preauthorized deposit has been made.
DOCUMENTATION OF PREAUTHORIZED DEPOSITS: You will receive a monthly statement for each month in which a deposit is made, but at least quarterly if no deposits are made.
ADDITIONAL DISCLOSURES APPLICABLE TO PREAUTHORIZED PAYMENT SERVICES
If you have requested a preauthorized payment to a third party from any Credit Union account, the following information applies to you.
ACCOUNT ACCESS: Preauthorized payments may be made from your Regular Share Account or Checking Account(s) only.
Right to receive documentation of preauthorized payment.
- INITIAL AUTHORIZATION: You can get copies of the preauthorized payment documentation from the third party being paid at the time you give them the initial authorization.
- NOTICE OF VARYING AMOUNTS: If your preauthorized payment may vary in amount, the party who will receive the payment is required to tell you ten (10) days before each payment, when it will be made and how much it will be. You may agree with the person being paid to receive this notice only when the payment will differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
- PERIODIC STATEMENTS: You will receive a monthly statement for each month in which a transfer is made, but at least quarterly if no transfers are made.
RIGHT TO STOP PREAUTHORIZED PAYMENT : If you want to stop any preauthorized payment, here's how:
Call us at (323) 981-4000, or write us at E1 FINANCIAL CREDIT UNION, 1155 Corporate Center Drive, Monterey Park, CA 91754 in time for us to receive your stop request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. Such stop payment order will apply only to that particular payment. To be sure that a third party does not bill you again for the "stopped" payment or to cancel the entire preauthorized payment arrangement,contact the third party.
OUR LIABILITY FOR FAILURE TO STOP PAYMENT: If you order us to stop one of your preauthorized payments three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for losses or damages, to the extent provided by law. There is a Stop Payment Fee as disclosed on the Disclosure of Fees and Charges, which has been provided with this Disclosure and Agreement and which is fully incorporated by reference herein.
GENERAL DISCLOSURES APPLICABLE TO ALL ELECTRONIC SERVICES
Business Day Disclosure: Our business days are Monday through Friday, except holidays.
In case of errors or questions about your electronic funds transactions. Telephone us at (323) 981-4000, or write us at E1 FINANCIAL CREDIT UNION, 1155 Corporate Center Drive, Monterey Park, CA 91754 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or transaction receipt. You must tell us no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number;
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information;
- Tell us the dollar amount of the suspected error.
If you tell us orally, we will 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. If we need more time, however, we may instead take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally re-credit your account within ten (10) business days for the amount you think is in error so that you will have 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 recredit your account.
If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation.
EXCEPTION: We have up to twenty (20) business days to provisionally credit your account if the notice of error involves an electronic funds transfer to or from an account within thirty days after the first deposit to the account was made (i.e. a new account). For new account transactions, or foreign-initiated transactions, or resulting from point-of-sale debit card transactions (including all debit card transactions, those for cash only, at merchants' POS terminals, and also including mail and telephone orders), we may take up to 90 calendar days to complete our investigation.
VISA DEBIT CARD EXCEPTION: We will provide provisional credit within five (5) business days of notification for unauthorized point-of-sale transfers, other than a cash disbursement at an ATM. Except that if we determine that the circumstances or your account history warrant a delay, you will receive credit within ten (10) business days.
You may ask for copies of the documents that we used in our investigation.
Our liability for failure to make or complete electronic funds transactions: If we do not complete a transaction to your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance, if:
- Through no fault of ours, your account does not contain enough money (or sufficient collected funds) to complete the transactions;
- The transaction requested would exceed an unused credit limit;
- The automated teller machine where you are making the transaction does not have enough cash;
- The automated teller machine, terminal or electronic system being used, was not working properly and you knew about the breakdown when you started the transaction;
- Circumstances beyond our control (such as fire, flood, earthquake, electrical failure or malfunction of central data processing facility, etc.) prevent the transaction, despite reasonable precautions that we have taken;
- Your ATM Card or VISA Debit Card, PIN number or POWER LINE, Internet Banking or Bill Payment Access Code you provide is incorrect or incomplete, has been reported lost or stolen, has expired, is damaged so that the ATM cannot read the encoding strip, is retained by us at your request, or your ATM PIN, VISA Debit Card PIN, POWER LINE PIN, Internet Banking or Bill Payment Access Code has been repeatedly entered incorrectly;
- Failure to complete the transaction if done to protect the security of your account and/or the electronic terminal system;
- We received incorrect or incomplete information from you or from third parties (e.g. U.S. Treasury, and automated clearing house or a terminal owner);
- You are in default on an account you are attempting a transfer.
- You fail to properly follow POWER LINE or Internet Banking or applicable software instructions on how to make a transfer or payment.
- You fail to authorize a payment soon enough for the payment to be made, transmitted, received or credited by the payee.
- There is a malfunction in your personal computer browser and/or software.
- The transfer or payment could not be completed due to system unavailability or a telecommunication or Service Provider Failure.
- If there are delays in mail delivery, changes of merchant address or account number;
- If you fail to allow sufficient time for the payee to receive and process the payment before the payment due date (the date shown on your invoice);
- There may be other exceptions.
Disclosure of account information to third parties. We will disclose information to third parties about your account or transaction only;
- Where it is necessary for completing a transaction.
- To verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- In order to comply with a government agency or a court order, subpoena or other legal document; or
- If you give us your written permission.
Your liability for unauthorized transactions and advisability of prompt reporting: Tell us AT ONCE if you believe your ATM Card, ATM PIN, POWER LINE, Internet Banking PIN, or Bill Payment Service Access Code has been lost, stolen or discovered by an unauthorized person. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account(s), (plus your maximum line of credit). If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50.00 if someone used your ATM Card.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your ATM Card, ATM PIN, POWER LINE, Internet Banking PIN, or Bill Payment Access Code, and we can prove we could have stopped someone from using your ATM Card, ATM PIN, POWER LINE, Internet Banking PIN or Bill Payment Service Access Code without your permission if you had told us, you can lose as much as $500.00.
Also if your statement shows transactions that you did not make, tell us AT ONCE. If you do NOT tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If you can document a good reason (such as a long trip or hospital stay) that kept you from telling us, we will extend the time periods.
EXCEPTION FOR VISA POINT-OF-SALE TRANSACTIONS: You will have no liability for unauthorized transfers on a lost or stolen VISA Debit Card. We may require you to provide a written statement regarding claims of unauthorized transactions. These exceptions do not apply to VISA Debit Card transactions at an ATM. These limitations may be exceeded to the limit allowed by federal or state law if the credit union determines that you were grossly negligent or fraudulent in handling your account or Card.
If you authorize someone else to use your ATM Card, VISA Debit Card or PIN you are responsible for all transactions which that person initiates at any time, even if the amount of the transaction exceeds what you authorize.
Telephone number and address to be notified in the event of unauthorized transactions. If you believe your ATM Card, VISA Debit Card or POWER LINE, Internet Banking or Bill Payment Service Access Code has been lost or stolen or that someone has transferred or may transfer money from your account without permission, call (323) 981-4000 during business hours, call (323) 981-4015 after business hours or write us at E1 FINANCIAL CREDIT UNION, 1155 Corporate Center Drive, Monterey Park, CA 91754, ATTN: Electronic Services Department.
FEES AND CHARGES FOR ELECTRONIC TRANSACTION SERVICES: All charges associated with our electronic funds transactions are subject to the E1 Financial Credit Union Schedule of Fees and Charges, which has been provided with this Disclosure and Agreement and which is fully incorporated by reference herein.
Notice regarding ATM fees by others. If you use an automated teller machine that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network. You may be charged a fee for a balance inquiry even if you do not complete a funds transfer.
CHANGE IN TERMS: The Credit Union may change any term and condition of this Disclosure and Agreement at any time, but the Credit Union will give you at least twenty-one (21) days' written notice of any change which would result in a greater cost or liability, or which would limit your access to accounts (except where a change is necessary for security reasons), or as otherwise provided by law or regulation.
NOTICES: Any notice sent to you by the Credit Union will be effective when mailed to your last known address as shown on the Credit Union records.
COLLECTIONS: You agree that the Credit Union shall be entitled to recover any money owed by you as a result of your use of ATMs or other "electronic services" and you agree to repay any withdrawals which create an overdrawn balance on any of your accounts. The Credit Union has security interest in your present and future shares or deposits and has the right to apply shares or deposits to any money you owe. If any legal action is required to enforce any provision of this Disclosure and Agreement or to recover money owed by you, you agree to pay all costs, including attorney's fees.
DISCLOSURE OF DELAYED FUNDS AVAILABILITY: We may place a hold for uncollected funds on an item you deposit. This could delay your ability to withdraw such funds. For further details see our Disclosure of Funds Availability Policy or consult a Credit Union officer.
TERMINATION OF ELECTRONIC SERVICES: You may, by written request and by actually discontinuing use of the electronic service, terminate any of the electronic services provided for in this Disclosure and Agreement. Termination by any one account owner will be binding on all account owners and we are not required to notify other account owners of the termination. Electronic Services will automatically terminate if you close all of your accounts with us. In addition, electronic services may be suspended, without advance notice, if there are insufficient funds in any one of your accounts or if any of your accounts are not in good standing. After suspension, electronic services may be reinstated, at our discretion, once there are sufficient funds in your accounts to cover any fees and other transfers and debits. We may terminate electronic services or your right to make electronic funds transactions at any time without cause or prior notice. Upon termination by you or us you will cut and return to us all cards issued in connection with this Agreement. Upon termination of the Bill Payment Service, you agree to notify third party payees that their authority to make bill payment transfers has been revoked. Termination of electronic services does not terminate your accounts or agreements with us and will not affect your authorization for transfers and payments made prior to termination.
VERIFICATION: All transactions affected by use of the ATMs, VISA Debit Card and PIN, Internet Banking, Bill Payment Service or POWER LINE which would otherwise require your signature, or other authorized signature, shall be valid and effective as if signed by you when accomplished by use of the ATM Card and PIN, VISA Debit Card and PIN, Internet Banking, Bill Payment Service or Bill Payment Service Access Code.
REGULATION D RESTRICTIONS ON ELECTRONIC FUNDS TRANSFERS: During any month, you may not make more than six withdrawals or transfers from your Savings Accounts to another Credit Union account of yours or to a third party by means of a preauthorized or automatic transfer or telephonic (such as POWER LINE or Internet Banking) order or instruction. No more than three of the six transfers may be made by check, draft, debit card, or similar order to a third party. You may make an unlimited number of withdrawals from, or transfers among, your Savings Accounts by mail, messenger or in person at the Credit Union or at an ATM. You may also make an unlimited number of withdrawals from your Savings Accounts through POWER LINE if you request that we send you a check.
Transfers in excess of the above limitations may not be honored.
ACH AND WIRE TRANSFERS: ACH and Wire Transfers you instruct us to make on your behalf are subject to Article 4A of the Uniform Commercial Code - Funds Transfers, as adopted in California and Regulation J. If you originate a funds transfer for which Fedwire is used, and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by Automated Clearing House Association Rules. These Rules provide, among other things, that payment made to you, or originated by you, are provisional until final settlement is made through the Federal Reserve Bank or payment is otherwise as provided in Article 4A-403(a) of the Uniform Commercial Code. If we receive a credit to an account you have with us by Fedwire or ACH, we are not required to give you any notice of the payment order or credit.
CHANGE IN TERMS: The Credit Union may change any term and condition of this Disclosure and Agreement at any time, but the Credit Union will give you at least twenty-one (21) days' written notice of any change which would result in a greater cost or liability, or which would limit your access to accounts (except where a change is necessary for security reasons), or as otherwise provided by law or regulation.
NOTICES: Any notice sent to you by the Credit Union will be effective when mailed to your last known address as shown on the Credit Union records.
COPY RECEIVED: You acknowledge receipt of a copy of this Disclosure and Agreement.
OTHER AGREEMENTS: Other agreements between you and the Credit Union controlling Regular Share Accounts and Checking Accounts continue to apply, except to the extent expressly modified by this Disclosure and Agreement.
APPLICABLE LAW: This Disclosure and Agreement shall be construed and governed in accordance with the laws of the State of California.
NOTICE: IF YOU DO NOT AGREE TO THE TERMS OF THIS DISCLOSURE AND AGREEMENT, DESTROY YOUR ATM CARD AND/OR VISA DEBIT CARD IMMEDIATELY BY CUTTING IT IN HALF, AND RETURN IT TO E1 FINANCIAL CREDIT UNION, 1155 CORPORATE CENTER DRIVE, MONTEREY PARK, CA 91754.
