This
Electronic Funds Transfer Agreement is the contract which
covers your and your rights and responsibilities concerning
the electronic funds transfer ("EFT") services offered to
you by North Georgia Credit Union ("Credit Union"). In this
Agreement, the words "you" and "yours" mean those who sign
the application or account card as applicants, joint owners,
or any authorized users. The words "we", "us", and "our" mean
the Credit Union. The word "account" means anyone or more
share and share draft accounts you have with the Credit Union.
Electronic funds transfers are electronically initiated transfers
of money from your account through the electronic funds transfer
services described below. By signing an application or account
card for EFT services, signing your Card, or using any service,
each of you, jointly and severally, agree to the terms and
conditions in this Agreement and any amendments for the EFT
services offered.
- EFT
Services. If approved, you may conduct any one
or more of the EFT services offered by the Credit Union
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VISA
Debit Card. If approved, you may use your
Card to purchase goods and services from participating
merchants. If you wish to pay for goods or services
over the Internet, you may be required to provide
card number security information before you will be
permitted to complete the transaction. You agree that
you will not use your card for any transaction that
is illegal under applicable federal, state, or local
law. Funds to cover you 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 will pay the amount and treat the
transaction as a request to transfer funds from other
deposit accounts, approved overdraft protection accounts
or loan accounts that you have established with the
Credit Union. If you initiate a transaction that overdraws
your Account, you agree to make immediate payment
of any overdrafts together with any service charges
to the Credit Union. In the event of repeated overdrafts,
the Credit Union may terminate all services under
this Agreement. You may use your Card and PIN (Personal
Identification Number) in automated teller machines
of the Credit Union, STAR networks, and such other
machines of facilities as the Credit Union may designate.
At the present time, you may also use your Card to:
· Withdraw
funds from your checking accounts.
· Transfer
funds from your checking accounts.
· Obtain
balance information for your checking accounts.
· Make
POS (Point-of-Sale) transactions with your Card and
PIN (Personal Identification Number) to purchase goods
or services at merchants that accept VISA.
· Order
goods or services by mail or telephone from places
that accept VISA.
The following limitations on the frequency and amount
of VISA Debit Card transactions may apply:
· There
is no limit on the number of VISA Debit Card purchases
you make per day.
· Purchase
amounts are limited to the amount in your account.
· There
is no limit to the number of cash withdrawals you
may make in any one day from an ATM machine.
· You
may withdraw up to a maximum of $200.00 in any one
day from an ATM machine, if there are sufficient funds
in your account.
· There
is no limit to the number of POS transactions you
may make in any one day.
· You
may transfer up to the available balance in your accounts
at the time of the transfer.
· See
Section 2 for transfer limitations that may apply
to these transactions. |
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Preauthorized
EFTs.
· Direct
Deposit. 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, to your share and/or
checking account.
· Preauthorized
Debits. Upon instruction, we will pay certain recurring
transactions from your share, and checking account.
§ See Section 2 for transfer limitations that
may apply to these transactions.
o Stop Payment Rights. If you have arranged in advance
to make regular electronic fund transfers out of your
account(s) for money you owe others, you may stop
payment of preauthorized transfers from your account.
You must notify us orally or in writing at any time
up to three (3) business days before the scheduled
date of the transfer. We may require written confirmation
of the stop payment order to be made within fourteen
(14) days of any oral notification. If we do not receive
the written confirmation, the oral stop payment order
shall cease to be binding fourteen (14) days after
it has been made.
o Notice of Varying Amounts. If these regular payments
may vary in amount, the person you are going to pay
is required to tell you, ten (10) days before each
payment, when it will be made and how much it will
be. You may choose instead to get this notice only
when the payment would differ more than a certain
amount from the previous payment or when the amount
would fall outside certain limits that you set.
o Liability for Failure to Stop Payment of Preauthorized
Transfers. If you order us to stop payment of a preauthorized
transfer 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. |
| c. |
Electronic
Check Conversion/Electronic Returned Check Fees.
If you pay for something with a check or share draft
you may authorize your check or share draft to be
converted to an electronic fund transfer. You may
also authorize merchants to electronically debit your
account for returned check fees. You are considered
to have authorized these electronic funds transfers
if you complete the transaction after being told (orally
or by a notice posted or sent to you) that the transfer
may be processed electronically or if you sign a written
authorization. |
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PCU
(Personal Credit Union). If we approve
the PCU (Personal Credit Union) for your accounts,
a separate PIN (Personal Identification Number)
will be assigned to you. You must use your PIN (Personal
Identification Number) along with your account number
to access your accounts. At the present time, you
may use the PCU (Personal Credit Union) to:
· Withdraw
funds from your share and checking accounts.
· Transfer
funds from your share and checking accounts.
· Obtain
balance information for your share, checking, IRA
and loan accounts.
·
Make loan payments from your share and checking
accounts.
·
Make bill payments to preauthorized creditors.
Your
accounts can be accessed under PCU (Personal Credit
Union) via personal computer. PCU (Personal Credit
Union) will be available for your convenience twenty-four
(24) hours per day. This service may be interrupted
for a short time each day for data processing. We
reserve 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
reserve on the account. All checks are payable to
you as a primary member and will be mailed to your
address of record. We may set other limits on the
amount of any transaction, and you will be notified
of those limits. We may refuse to honor any transaction
for which you do not have sufficient available verified
funds. The service will discontinue if no transaction
is entered after numerous unsuccessful attempts
to enter a transaction, and there may be limits
on the duration of each access.
There is no limit to the number of inquiries, transfers,
or withdrawal requests you may make in any one day.
· See
Section 2 for transfer limitations that may apply
to these transactions. |
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NGCU
Bill Payment. We will process bill payment
transfer requests only to those creditors the Credit
Union has designated in the User Instructions and
such creditors as you authorize and for whom the
Credit Union has the proper vendor code number.
We will not process any bill payment transfer if
the required transaction information is incomplete.
We will withdraw the designated funds from your
checking account for bill payment transfer by the
designated cut-off time on the date you schedule
for payment. We will process your bill payment transfer
within a designated number of days before the date
you are scheduled for payment. You must allow sufficient
time for vendors to process your payment after they
receive a transfer from us. Please leave as much
time as though you were sending your payment by
mail. We cannot guarantee the time that any payment
will be credited to your account by the vendor.
There
is no limit on the number of bill payments per day. |
- Transfer
Limitations. For all share accounts, no more than
six (6) preauthorized, automatic, telephone, or Internet
transfers and withdrawals may be made from each account
to another account of yours or to a third party in any month,
and no more than three (3) of these six (6) may be made
by check, draft, or access card to a third party. If you
exceed these limitations, your account may be subject to
a fee or be closed.
-
Conditions of EFT Services
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Ownership
of Cards. Any Card or other device which
we supply to you is our property and must be returned
to us, or to any person who 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 at our sole discretion
without demand or notice. You cannot transfer your
Card or account to another person. |
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Honoring
the Card. Neither we nor merchants authorized
to honor the 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. |
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Foreign
Transactions
VISA Purchases and cash withdrawals made in foreign
countries and foreign currencies will be debited from
your account in U.S. dollars. The conversion rate
to dollars will be determined in accordance with the
operating regulations established by VISA International.
Currently the currency conversion rate used to determine
the transaction amount in U.S. dollars is generally
either a government-mandated rate of the wholesale
rate in effect the day before the transaction processing
date, increased by one percentage point. The currency
conversion rate used on the processing date may differ
from the rate that would have been used on the purchase
date or cardholder statement posting date. |
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Security
of Access Code. You may use one or more access
codes with your electronic funds transfers. The access
code issued to you are for your security purposes.
Any codes issued to you are confidential and should
not be disclosed to third parties or recorded on or
with the Card. You are responsible for safekeeping
your access codes. You agree not to disclose or otherwise
make your access code available to anyone not authorized
to sign on your accounts. If you authorize anyone
to use your access codes, that authority shall continue
until you specifically revoke such authority by notifying
the Credit Union. You understand that any joint owner
you authorize to use an access code may withdraw or
transfer funds from any of your accounts. If you fail
to maintain the security of these access codes and
the Credit Union suffers a loss, we may terminate
your VISA EFT services immediately. |
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Joint
Accounts. If any of your accounts accessed
under this Agreement are joint accounts, all joint
owners, including any authorized users, shall be bound
by this Agreement and, alone and together shall be
responsible for all EFT transactions to or from any
share and checking or loan accounts as provided in
this Agreement. Each joint account owner, without
the consent of any other account owner, may, and hereby
is authorized by every other joint account owner to,
make any transaction permitted under this Agreement.
Each joint account owner is authorized to act for
the other account owners, and the Credit Union may
accept orders and instructions regarding any EFT transaction
on any account from any joint account owner. |
- Fees
and Charges. There are certain fees and charges
for electronic funds services. For a current listing of
all applicable fees, see our current Fee Schedule that was
provided to you at the time you applied for or requested
these electronic services. From time to time, the charges
may be changed. We will notify you as required by applicable
law.
If you use an ATM not owned by us, you may be charged a
fee by the ATM operator and by any national, regional, or
local network used in processing the transaction (and you
may be charged a fee for a balance inquiry even if you do
not complete a fund transfer). The ATM surcharge will be
debited from your account if you elect to complete the transaction
or continue with the balance inquiry.
- Member
Liability. You are responsible for all EFT transactions
you authorize. If you permit someone else to use an EFT
service, your Card or your access code, you are responsible
for any transactions they authorize or conduct on any of
your accounts.
Tell us AT ONCE if you believe your Card has been lost or
stolen or if you believe someone has used your Card or access
code or otherwise accessed your accounts without your authority.
Telephoning is the best way of keeping your possible losses
down. You could lose all the money in your account (plus
you maximum overdraft line of credit). If a transaction
was made with your Card or Card number without your permission,
and is either a VISA or Interlink transaction, you will
have no liability for the transaction, unless you are grossly
negligent in the handling of your account or card. For all
other EFT transactions, including ATM transactions or if
you were grossly negligent in the handling of your account
or card, your liability for an unauthorized transaction
is determined as follows.
If you tell us within two (2) business days, you can lose
not more than $50 if someone uses your Card without your
permission. If you do NOT tell us within two (2) business
days after you learn of the loss or theft of your card,
and we can prove we could have stopped someone from using
your Card without your permission if you had told us, you
could lose as much as $500.00.
Also, if your statement shows transfers 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 lost after the sixty (60) days 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:
(706) 886-1441
Fax: (706) 886-3757
Or write to:
North Georgia Credit Union
PO Box 280
Toccoa, GA 30577
- Right
to Receive Documentation
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Periodic
Statements. Transfers and withdrawals made through
any Debit Card transactions, preauthorized EFTs. Electronic/PC
transactions or bill payments you make will be recorded
on your periodic 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. |
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Terminal
Receipt. You will get a receipt at the time you make
any transaction (except inquiries) involving your
account using an ATM, POS terminal, or Debit Card
transaction with a participating merchant. |
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Direct
Deposit. 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 (706)
886-1441. This does not apply to transactions occurring
outside the United States. |
- Account
Information Disclosure. We will disclose information
to third parties about your account or the transfers you
make:
· As necessary
to complete transfers;
· To verify
the existence of sufficient funds to cover specific transactions
upon the request of a third party, such as a credit bureau
or merchant;
· If your
account is eligible for emergency cash and/or emergency
card replacement services; and you request such services,
you agree that we may provide personal information about
you and your account that is necessary to provide you with
the requested service(s);
· To comply
with government agency or court orders; or
· If you
give us your written permission.
- Business
Days. Our business days are Monday through Friday,
excluding holidays.
- 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 may be liable for your losses or damages. However,
we will not be liable for direct or consequential damages
in the following events:
· If, through
no fault of ours, there is not enough money in your accounts
to complete the transaction, if any funds in your accounts
necessary to complete the transaction are held as uncollected
funds pursuant to our Funds Availability Policy, or if the
transaction involves a loan request exceeding your credit
limit.
· If you
used your Card or access code in an incorrect manner.
· If the
ATM where you are making the transfer does not have enough
cash.
· If the
ATM was not working properly and you knew about the problem
when you started the transaction.
· If circumstances
beyond our control (such as fire, flood, or power failure)
prevent the transaction.
· If the
money in your account is subject to legal process or other
claim.
· If funds
in your account are pledged as collateral or frozen because
of a delinquent loan.
· If the
error was caused by a system of any participating ATM network.
· If the
electronic transfer is not completed as a result of your
willful or negligent use of your Card, access code, or any
EFT facility for making such transfers.
· If the
telephone or computer equipment you use to conduct audio
response or electronic/PC transactions is not working properly
and you know or should have known about the breakdown when
you started the transaction.
· If you
have bill payment services, we can only confirm the amount,
the participating merchant, and date of the bill payment
transfer made by the Credit Union. For any other error or
question you have involving the billing statement of the
participating merchant, you must contact the merchant directly.
We are not responsible for investigating such errors.
· Any other
exceptions as established by the Credit Union.
- Notices.
All notices from us will be effective when we have mailed
them or delivered them to your last known address in the
Credit Union’s records. Notices from you will be effective
when received by the Credit Union at the address specified
in this Agreement. We reserve the right to change the terms
and conditions upon which this service is offered. We will
mail notice to you at least twenty-one (21) days before
the effective date of any change. Use of this service is
subject to existing regulations governing the Credit Union
account and any future changes to those regulations.
The following information is a list of safety precautions
regarding the use of Automated Teller Machines (ATM) and
Night Deposit Facilities.
· Be aware
of your surroundings, particularly at night.
· Consider
having someone accompany you when the ATM or night depository
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 Card 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.
· Report
all crimes to law enforcement officials immediately.
- Billing
Errors. In case of errors or questions about electronic
funds transfers from your share and checking accounts, telephone
us at the following number or send us a written notice to
the following address 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. Call us at
(706) 886-1441
Fax: (706) 886-3757
Or write to:
North Georgia Credit Union
PO Box 280
Toccoa, GA 30577
· Tell us
your name and account number.
· Describe
the electronic transfer you are unsure about, and explain
as clearly as you can why you believe the Credit Union has
made 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) 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 take up to forty-five (45)** days to investigate
your complaint or question. If we decide to do this, we
will credit your account within ten (10)* business days
for the amount you think is in error, so that you will have
the use of the money during the time it takes us to complete
our investigation. If we ask you to put your complaint or
question in writing and we do not receive it within ten
(10) business days, we may not credit your account.
We will tell you the results within three (3) business days
of completing our investigation. If we decide that there
was no error, we will send you a written explanation. You
may ask for copies of the documents that we used in our
investigation.
*If you give notice of an error within thirty (30) days
after you make the first deposit to your account, we will
have twenty (20) business days instead of ten (10) business
days.
**If you give notice of an error within thirty (30) days
after you make the first deposit to your account, notice
of an error involving a point of sale transaction, or notice
of an error involving a transaction initiated outside the
U.S. its possessions and territories, we will have ninety
(90) days instead of forty-five (45) days to investigate.
NOTE: If the error you assert is an unauthorized
VISA transaction, other than a cash disbursement at an ATM,
we will credit your account within five (5) business days
unless we determine that the circumstances or your account
history warrant a delay, in which case you will receive
credit within ten (10) business days.
- Termination
of EFT Services.
You may terminate this Agreement or any EFT service under
this Agreement at any time by notifying us in writing and
stopping your use of your Card and any access code. You
must return all Cards to the Credit Union. You also agree
to notify any participating merchants that authority to
make bill payment transfers has been revoked. We may also
terminate this Agreement at any time by notifying you orally
or in writing. If we terminate this Agreement, we may notify
any participating merchants making preauthorized debits
or credits to any of your accounts that this Agreement has
been terminated and that we will not accept any further
preauthorized transaction instructions. We may also program
our computer not to accept your Card or access code for
any EFT service. Whether you or the Credit Union terminates
this Agreement, the termination shall not affect your obligations
under this Agreement for any EFTs made prior to termination.
- 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 Georgia 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 is located.
- Enforcement.
You are liable to us for any loss, cost or expenses we incur
resulting from your failure to follow this Agreement. You
authorize us to deduct any such loss, costs or expenses
from your account without prior notice to you. If we bring
a legal action to collect any amount due under or to enforce
this Agreement, we shall be entitled, subject to applicable
law, to payment of reasonable attorney’s fees and
costs, including fees on any appeal, bankruptcy proceedings,
and any post-judgement collection actions.
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