|
ELECTRONIC FUNDS TRANSFER AGREEMENT AND
DISCLOSURE
This Agreement is between the Credit Union member (designated
as “you”, “your”) and Michigan Schools
and Government Credit Union (designated as “we”,
“us”, “our”).
This Electronic Funds Transfer Agreement describes the type
of Electronic Funds Transfer (“EFT”) services
that we provide. This Agreement should be reviewed carefully,
since it informs you of the terms and conditions which apply
to these services. The terms of this EFT agreement pertain
to consumer accounts only. Different provisions may apply
to business accounts and transactions. You are bound by the
terms of this agreement if you use the account(s) covered
by the disclosure after the receipt of this agreement and/or
if you ask us to provide you with an ATM card and/or a PIN
and you thereafter use them to make such transactions.
Should any inconsistencies exist between these terms and
conditions and the general rules and regulations of your deposit
account(s), these terms and conditions govern with regard
to EFT services. Please keep this Agreement for future reference.
TYPES OF SERVICES
Accounts Affected: Each of the following types of accounts
in the Credit Union can be subject to some kind of “Electronic
Funds Transfer” service:
• Regular Share Account
• Regular Checking Account
• Money Market Checking Account
• Silver Share Account
• Gold Share Account
• Holiday Club Account
• Loan Line of Credit
These types of accounts are sometimes referred to in this
Agreement as “asset account(s)” or simply as your
“account(s)”. You have previously designated which
of your account(s) you want to be subject to a particular
type of Electronic Funds Transfer service. You may change
those instructions in the future, and we will follow your
new wishes to the extent our Electronic Funds Transfer programs
permit at that time.
Automated Clearing House Transfer Services: We offer preauthorized
EFT services through the Automated Clearing House System.
We are able to electronically transfer funds from your account(s)
to accounts at other financial institutions or receive funds
electronically from other financial institutions for deposit
in your account. Because you must authorize such transfers
in advance, these transfers are called “Preauthorized
Transfers”. Some of the services offered as preauthorized
transfers are direct deposit of payroll, Social Security and
other government payments and automatic bill payment services.
Electronic Funds Transfer Services: At the present time,
the following types of Electronic Funds Transfers to or from
your account(s) in the Credit Union may be authorized:
Transfers TO your account(s) (credits):
• Deposit of payroll deductions from various employers
which have agreed to send such deposits to us.
• Direct deposit of various governmental benefits.
• Deposit(s) from any third party through the facilities
of the Automated Clearing House Association.
• Automatic transfers to your account(s) from another
person’s account with us.
Transfers FROM your account(s) (debits):
• Electronic check conversion.
• Automatic deduction from your account of premiums
for insurance coverage available to our members.
• Payments of your house mortgage payments, insurance
payments and utility bills, as well as other types of payments
to third parties, through the facilities of the Automated
Clearing House Association.
• Automatic transfers from your account(s) to another
person’s account with us.
• Automatic transfers from your account(s) to make payments
on another person’s loan owing to us.
• As to transactions other than those made at an authorized
ATM, there are, at the present time, no limitations as to
how often you can make EFTs, nor are there any restrictions
as to the dollar amount of any one EFT. However, no transfer
or withdrawal from your share account will be made by phone
if earlier in the same month, 6 (six) transfers or withdrawals
from the account have been made by phone or pursuant to authorization
you previously gave us.
Automated Teller Machine (ATM) Transactions:
If you have an VISA Debit card for which we have issued a
Personal Identification Number (PIN), you can use it to make
any or all of the following transactions at any Automated
Teller Machine network which is a part of an Electronic Funds
Transfer service network to which we belong (Some transactions
listed below may not be available to all networks.)
• Deposits to your Regular Share account, Regular Checking
account, Money Market Checking, Silver Share account, Gold
Share account and Holiday Club account.
• Transfer of funds between any of the aforementioned
accounts.
• Cash withdrawals from any of the aforementioned accounts,
(excluding Holiday Club account) plus advances from the Line
of Credit to one of the aforementioned accounts.
• Verify balances on any of the aforementioned accounts
and any loan account.
In order to assist us in maintaining the security of your
account and the terminals, the Card remains our property and
may be revoked or canceled at any time without giving you
prior notice.
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. If we reissue an
electronic access card that has been lost, stolen, damaged,
or confiscated for improper use we will charge our normal
service charge according to our current Fee Schedule. If there
are not sufficient funds in your account(s) to pay an EFT
from the account we will charge our normal service charge
according to our current Fee Schedule.
Point of Sale Transactions:
If you have a VISA Debit card for which we issued you a PIN,
you may also use it to purchase goods or services from merchants
who have arranged to accept your VISA Debit card as a means
of payment. These merchants are referred to as “Participating
Merchants” and will display a logo or other symbol which
identifies them as a merchant who will accept your card. Purchases
made with your VISA Debit card, including any purchases where
you receive cash back, are referred to as “point of
sale” transactions or “POS” transactions
and will cause your Regular Checking account to be debited
for the amount of the purchase. Only share draft accounts
may be used in connection with point of sale transactions
performed with your VISA Debit card.
Telephone Audio Response Services/PC Access: You may also
call the Credit Union and, upon furnishing the Credit Union
with information to identify yourself, transfer money between
your accounts, transfer money from your account to another
person’s account, transfer money to make loan payments,
and verify balance inquiries in specified accounts.
You have previously told us which of these Electronic Funds
Transfer services you want to use. You can discontinue use
of any such service whenever you want to. If you begin using
a different Electronic Funds Transfer service after receipt
of this Agreement, we must be notified of the account(s) to
be affected. We may make additional types of Electronic Funds
Transfer services available in the future. We may also discontinue
one or more of our Electronic Funds Transfer services, but
if we do that, we will give you at least twenty-one (21) days
advance notice in writing.
Excluded Transactions: We have developed an elaborate electronic
data processing system which makes it possible to offer you
many electronic services. However, some of these services
do not constitute “Electronic Funds Transfers”
for the purposes of this Agreement such as, for example, automatic
transfers from your account(s) to pay your loan(s) owing to
us and automatic services and transfers which are “electronic
funds transfers” as described above. They do not apply
to other transactions which, although electronic in nature,
do not constitute “Electronic Funds Transfers”
described above.
SERVICE LIMITATIONS
Minimum Balance: You must always maintain a minimum of $5
in a Regular Share Account to be entitled to make “Electronic
Funds Transfers” affecting your account. We reserve
the right to increase the minimum balance requirement or to
impose other restrictions in the future, but if we do so,
we will give you at least twenty-one (21) days advance written
notice.
Limitation on Number of Transactions: No limitation on number
of transactions or withdrawals per day except as described
elsewhere in this disclosure.
Limitation on Dollar Amounts of ATM and Point of Sale Transfers:
• $500 at Proprietary and Network machines per day.
• Daily limit for point of sale purchases is based on
the available funds in the member’s default account.
RIGHTS AND RESPONSIBILITIES
Notification of Regulatory Authorities: This Agreement and
the EFT services provided in this Agreement are governed by
Michigan law. You may notify the Federal or State agency noted
below of any violation of law.
The address of this agency is as follows:
Credit Union Division
Office of Financial and Insurance Services
P.O. Box 30224
Lansing, Michigan 30220
Electronic Funds Transfer (VISA Debit) Card: If you have
received a VISA Debit card (“Card”) from us for
the type of terminal transfers noted previously, the following
provisions are applicable.
• You agree not to use your Card for a transaction that
would cause your account balance to go below zero. The Card
may only be used with your Personal Identification Number
(“PIN”), which is used to identify you as an authorized
user of the Card. Because the PIN is used for identification
purposes, you will agree to notify us immediately if the Card
is lost or if the secrecy of the PIN is compromised.
• We will not be required to complete any such transaction,
but if we do, you do agree to pay us the amount of the improper
withdrawal or transfer upon request.
• You also agree not to reveal your PIN to any person
not authorized by you to use the Card.
• You agree not to write the PIN on the Card or on any
item kept with the Card. The security of your account depends
upon you maintaining possession of your Card and the secrecy
of your PIN.
Documentation of Transfers
Terminal Transfers: You will get a receipt at the time you
make any EFT transaction (unless you request otherwise) to
or from your account at an ATM terminal or a Participating
Merchant.
Preauthorized Transfers: If you have arranged to have direct
deposits made to your account at least once every sixty (60)
days from the same person or company, you can call or write
us to find out whether or not the preauthorized deposit has
been made to your account at the telephone number and address
appearing on your periodic statement or as shown on this Agreement.
Statements:
• If your preauthorized transfer/ATM terminal transaction
affects your Share Draft account, these transactions will
be noted on your monthly statement.
• If your preauthorized transfer/ATM terminal transaction
affects your Share account, you will receive a monthly statement
unless there were no transactions in a particular month, in
which case you would receive your normal quarterly statement.
Your Right to Stop Payment of Preauthorized Transfers
Rights and Procedures to Stop Payments: If you have told
us in advance to make regular payments out of your account,
you can stop any of these payments. Here’s how:
CALL: (586) 263-8800
OR
WRITE:
Michigan Schools and Government Credit Union
40400 Garfield Road
Clinton Township, MI 48038
Your call or written requests needs to be received by us
three (3) business days or more before item is presented for
payment. 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. The fee for handling such stop payment orders
is disclosed in a separate Fee Schedule.
Notice of Varying Amounts: If these regular payments may
vary in amount the person 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. You may choose instead to get this notice
only when the payment would differ by more than a certain
amount for the previous payment, or when the amount would
fall outside certain limits that you set.
Liability for Failure to Stop Payment of Preauthorized Transfer:
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.
In Case of Errors or Questions About Your Electronic Funds
Transfers: Call us at (586) 263-8800 or write to the address
appearing on your periodic statement or as indicated above
as soon as you can if you think your periodic statement or
receipt is wrong, or if you need more information about a
transaction listed on the periodic statement or receipt in
order to assert an error. For consumer accounts, we must hear
from you no later than sixty (60) days after we send the FIRST
periodic statement on which the problem or error appeared.
You must do all of the following:
(1) Tell us your name and account number.
(2) Describe the error or 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.
(3) 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 (or twenty (20) business days for claims
made within thirty (30) calendar days of the first deposit
into an account that is a new account). If we need more time,
however, we may take up to forty-five (45) calendar days (ninety
(90) calendar days for point of sale transactions, foreign
initiated transfers, or for a claim on a new account). If
we decide to do this, we will re-credit your account within
ten (10) business days (or twenty (20) business days on claims
for new accounts) for the amount you think is in error, so
you will have the use of the money during the time it takes
us to complete our investigation.
We will tell you the results within three (3) business days
after 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.
Clearing of Deposits: Deposits made at an ATM whether in
cash, check, draft or money order are subject to our Funds
Availability Policy. The policy is included in this disclosure
agreement.
Crediting Payments: Payments made at ATMs whether in cash,
check, draft or money order are subject to verification and
the posting of such payment to a loan account may be delayed
until the funds can be collected.
Responsibility for Overdraft: If you obtain cash from an
ATM or withdraw via a Point of Sale transaction which creates
an overdraft in your regular share or share draft account(s),
the overdraft amount is due and payable the moment you get
it and you agree to pay the full amount of it to us, together
with the service charge, if applicable. You also authorize
us in such a case to apply from any other Share account, Checking
account, Club account or Line of Credit you may have in the
Credit Union such amount as to be necessary to pay the overdraft
amount and service charge.
Notice of Loss or Theft: 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: (586) 263-8800 during business hours OR
(800) 991-4965 after hours
or
WRITE:
Michigan Schools and Government Credit Union
40400 Garfield Road
Clinton Township, MI 48038
Special Liability Protection Rules for VISA Debit Card:
Unless you have been grossly negligent or have engaged in
fraud, you will not be liable for any unauthorized transactions
made with your lost or stolen VISA Debit Card, when used for
POS transactions (excluding transactions made at an ATM),
as long as you report the loss or theft of your VISA Debit
Card within two (2) business days of when you discover it
is missing. If you do not tell us within two (2) business
days, your liability is the lesser of $50 or the amount of
funds, property, labor or services obtained through the unauthorized
use before you notified us. If your card was lost due to your
gross negligence, or if you have handled your card fraudulently,
these special rules do not apply, and your liability for the
unauthorized use of your VISA Debit Card is addressed in the
section titled “Consumer Liability”.
Consumer Liability: Tell us AT ONCE if you believe your Card
has been lost or stolen. Telephoning is the best way of keeping
your possible losses down. You could lose all the money in
your account (plus your maximum overdraft line of credit).
If you tell us within two (2) business days, you have no liability
for fraudulent charges.
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 $50.
Also, if your statement shows transfers 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.
Reversal of Transaction: We will reverse an EFT transfer
resulting from a point of sale transaction at a Participating
Merchant in Michigan and re-credit your account for the full
amount of the transfer if all of the following occur:
(1) You provide us notice of having made a good faith attempt
to seek redress and make an assurance to us of the return
to the Participating Merchant of related goods in dispute,
where returnable goods are involved.
(2) The amount of the transaction is $50 or more.
(3) Within four (4) calendar days following the transaction,
we receive from you during our normal business hours, a written
or oral request for the reversal.
(4) You verify the reverse order, notice and assurance in
writing within fourteen (14) calendar days following oral
notification, on a form to be provided by us for that purpose.
If written verification is not furnished, we shall reinstate
the original debits and credits involved in the transaction
to the extent of the available account balance.
Disclosure of Account Information to Third Parties: We will
disclose information to third parties about your account or
the transfers you make:
(1) Where it is necessary for completing transfers; or
(2) In order to verify the existence and condition of your
account for a third party, such as a credit bureau or merchant;
or
(3) In order to comply with government agency or court orders:
or
(4) If you give us your written permission.
(5) If the information relates to improper use of your account(s).
Liability for Failure to Complete EFT Transfers: If we do
not properly complete an EFT transfer to or from your account
on time or in the correct amount in accordance with the terms
of this Agreement, 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, you do not have enough
money in your account to make the transfer.
• If we have terminated this Agreement or the transaction
would have exceeded your established credit line.
• If the terminal or any part of the system supporting
the operation of the terminal was not working properly, and
you knew of the breakdown when you began the transaction or
at some time during the process of the transaction.
• If the terminal where you attempted to make the transaction
did not have enough cash to allow the transaction.
• When your Card has been reported lost or stolen or
we have reason to believe that something was wrong with the
transaction.
• When, despite reasonable precautions taken by us,
an act of God or other circumstance beyond our control interfered
with or prevented the transaction.
• When we receive inaccurate or incomplete information
needed to complete a transaction.
• If any necessary authorization for completing the
EFT transfer has been revoked by an operation of law.
• In the case of preauthorized transfers, we will not
be liable where there was a breakdown of the system which
would normally handle the transfer at the time the transfer
would have occurred.
• There may be other exceptions provided by applicable
law.
Amendments: We may change or amend any of the terms and conditions
of this Agreement at any time upon at least twenty-one (21)
days written notice to you prior to the effective date of
any change or amendment. Your failure to timely furnish notice
as set forth below shall be deemed to be your acceptance of
such change or amendment. If you do not agree to abide by
a change or amendment, you must notify us of the fact prior
to the effective date of the change or amendment. You must
also surrender your Card and cancel this Agreement.
Termination of Prior Agreements: Upon your receipt of this
Agreement, this Agreement terminates any earlier Electronic
Funds Transfer agreements provided to you from us.
|