DISCLOSURE PURSUANT TO
ELECTRONIC FUND TRANSFER LAWS
(November 2004)
SageLink Credit Union makes available to members various "electronic fund transfer" services. We have provided, and will be providing from time to time, plastic Automated Teller Machine Cards and/or
Debit MasterCard to certain members. "Electronic fund transfers" may also be made by use of a touch-tone telephone through our
Telephone Teller service or by use of a personal computer through our MyCUHome Internet Banking
and Pay@Home Bill Payment programs. Two or more persons may be furnished such cards and services relating to the same account or accounts in the credit union. When a secret personal identification number (called a "PIN") is also provided, the Automated Teller Machine Card and/or
Debit MasterCard, can be used, together with the PIN, in any of a number of automated teller machines or point of sale terminals to make "electronic fund transfers" to, from, or between one or more accounts in the credit union, simply by following the instructions at the machine or terminal. The
Debit MasterCard can also be used along with your signature or with other electronic means at
MasterCard merchant locations. We will, upon request, issue personal identification numbers ("PINs") which can be used with a touch-tone telephone or personal computer to make "electronic fund transfers" to, from, or between one or more accounts in the credit union by following the rules and procedures of our
Telephone Teller and/or MyCUHome Internet Banking program(s) or to third parties through our
Pay@Home Bill Payment program. This disclosure is being furnished to you as a member of
SageLink Credit Union to meet the requirements of the federal and Michigan statutes relating to "electronic fund transfers," as well as the requirements of the regulation (Reg. E) issued by the Federal Reserve Board pursuant to the federal statute, whether such "electronic fund transfers" are made by use of an automated teller machine, a point of sale terminal, at a
MasterCard merchant location, our Telephone Teller service, MyCUHome Internet Banking,
Pay@Home Bill Payment services, or in some other manner. In this disclosure, "you" and "your" includes the plural in cases where two or more persons have an interest in a single account affected by an "electronic fund transfer" service. "We" or "us" refers to
SageLink Credit Union. This disclosure is a contract. The terms and conditions set out here are binding on you and on us as to the making of such "electronic fund transfers," as outlined in Section 4, in the following cases: If you use the account(s) covered by this disclosure after receipt of this agreement; If you already have an Automated Teller Machine Card and/or
Debit MasterCard and PIN provided by us and you use them to make such transactions after receipt of this agreement; If you ask us to provide you with a PIN and you thereafter use it, together with your Automated Teller Machine Card and/or
Debit MasterCard, to make such transactions; If you receive an Automated Teller Machine Card and/or
Debit MasterCard from us without asking for it, but then ask us to provide you with a PIN to make such transactions or activate it according to the instructions on the card(s); If you already have, or if we issue a PIN at your request and you use it to make transactions through our
Telephone Teller, MyCUHome Internet Banking, or Pay@Home Bill Payment program(s). In any case, your use of the account(s) or your making of such transactions after receipt of this disclosure constitutes your acceptance of the terms and conditions set out in this disclosure. Although your account(s) may be subject to "electronic fund transfers" and in that regard are subject to the terms and conditions of this disclosure, you may continue to use those account(s) to the same extent and in the same manner that you have in the past insofar as "over-the-counter" and other non-electronic transactions are concerned. This disclosure is being furnished to all of our members. Members who have not authorized any electronic access to any of their account(s) in the credit union when they receive this disclosure need not concern themselves with it. However, the terms and conditions of this "Electronic Fund Transfer Disclosure" will apply if electronic transfers are authorized through a third party service provider in the future.
1. Accounts Affected: Each of the following types of accounts in the credit union may be subject to some kind of "electronic fund transfer" service: Regular Shares Checking Accounts ·Hi-Yield Shares Christmas Club Accounts Miscellaneous Club Accounts These types of accounts are sometimes referred to in this disclosure as "asset account(s)" or simply as your "account(s)." You have previously told us which of your account(s) you want to be subject to a particular type of "electronic fund transfer" service. You may change those instructions in the future, and we will follow your new wishes to the extent regulations allow, and our "electronic fund transfer" services permit at that time.
2. Account Agreements: The terms and conditions of the account agreements relating to your account(s) with us remain in effect except to the extent modified in this disclosure.
3. Minimum Balance: You must always maintain a minimum of $5.00 in a regular share account to be entitled to make "electronic fund transfers" affecting your account(s). We reserve the right to increase minimum balance requirements 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.
4. "Electronic Fund Transfer" Services: You have previously told us which "electronic fund transfer" services you want to use. You can discontinue use of any such service whenever you wish. If you begin using a different "electronic fund transfer" service after receipt of this disclosure, we must be notified of the account(s) to be affected. We may make additional types of "electronic fund transfer" services available in the future. We may also discontinue one or more, or all, of our "electronic fund transfer" services in the future, but if we do that we will give you at least twenty one (21) days advance notice in writing. At the present time, you can authorize the following types of "electronic fund transfers" to, from, or between your "asset account(s)" in the credit union:
PREAUTHORIZED TRANSFERS TO YOUR ACCOUNTS (CREDITS): Direct deposit of Social Security payments, and pension payments; Direct deposit of Veterans Administration benefits and Railroad retirement benefits; Deposits of net paycheck, or payroll deduction from the various branches of General Motors and from certain other employers who have agreed to send such deposits to us; Direct deposit of military active duty and retirement benefits; Automatic transfer from another person's account in the credit union; Deposit(s) from any third party through the facilities of an automated clearing house (ACH).
PREAUTHORIZED TRANSFERS FROM YOUR ACCOUNTS (DEBITS): Payments of your house mortgage, insurance premiums and utility bills, as well as other types of payments to third parties, through facilities of an automated clearing house (ACH); Automatic transfers to another person's account in the credit union; Automatic transfers from your account to make payments on another person's loan to the credit union.
ELECTRONIC CHECK CONVERSION: You may authorize a transfer through an automated clearing house (ACH) when you provide a check to certain merchants or other payees that enables the merchant or other payee to capture the routing, account, and serial numbers to initiate the transfer, whether the check is blank, partially completed, or fully completed and signed; whether the check is presented at the point of sale or is mailed to a merchant or other payee or lockbox and later converted to an "electronic fund transfer," or whether the check is retained by the consumer, the merchant or other payee, or the payee's financial institution. Your authorization to make such types of "electronic fund transfers" may be expressed in writing or implied, for example, by the merchant or other payee posting a sign.
TELEPHONE TELLER TRANSACTIONS: If you have authorized access to our
Telephone Teller automated response system, you may use your touch tone telephone and PIN to make the following "electronic fund transfers:" Withdrawals from your "asset accounts" or line of credit loan accounts in the credit union, except IRA,
and certificate accounts (A check will be mailed to your address on file.); Transfers between your "asset accounts" in the credit union, excluding IRA,
and certificate accounts; Transfers between your "asset accounts" and your line-of-credit loan accounts in the credit union, except IRA,
and certificate accounts; Transfers from your "asset accounts" to your closed-end loan accounts in the credit union, except IRA,
certificate accounts, and mortgage loans. Balance inquiries and other account information on your asset and loan accounts. (These are not "electronic fund transfers.")
AUTOMATED TELLER MACHINE TRANSACTIONS: If you have an Automated Teller Machine Card and/or
Debit MasterCard for which we have issued a PIN, you can use your card and PIN to make the following transactions in an automated teller machine. However, your card(s) may need to be reprogrammed by our Member Service Department in order to access all of these accounts: Deposits to your regular share or checking; Cash withdrawals from your regular share or checking account; Cash withdrawals from your Home Equity line-of-credit loan accounts with us*; Transfers (non-cash) between regular share and checking accounts; Transfers (non-cash) from your regular share or checking accounts to your loan account(s)*** with us; Transfers (non-cash) from your Home Equity line-of-credit loan accounts with us to your regular share or checking account; Payments on loans by cash, check, draft, etc.*/***; Balance Inquiries on your regular share, checking and your Home Equity line of credit loan accounts*. *"These are not "electronic fund transfers." *** Loan payment transfers will be processed manually within two (2) "business days" of the transaction date and are restricted to ATMs owned and operated by the credit union. See Section 14 for our "business days."
POINT-OF-SALE TRANSACTIONS: If you have an Automated Teller Machine Card and/or
Debit MasterCard for which we have issued a PIN, you may use your card and PIN to pay for goods and services at places that have agreed to accept cards with
Fiserv EFT access. These places will display the Fiserv EFT logo in their business locations. Payment may only be made from funds in your checking account. Access to other accounts is not permitted.
DEBIT MASTERCARD TRANSACTIONS: If you have a
Debit MasterCard, you may use your signed card along with your signature to purchase goods and services from merchants that have agreed to accept
MasterCard cards. These merchants will display the MasterCard logo in their business locations. You may also use your
Debit MasterCard to order goods or services by mail, telephone, or the Internet from merchants that have agreed to accept
MasterCard cards. Your Debit MasterCard, along with your PIN, will also perform the transactions itemized in the "Automated Teller Machine Transactions" and "Point-of-Sale Transactions" sections above. Purchase transactions at merchant locations may only be made from funds in your checking account. Access to other accounts is not permitted. Your
Debit MasterCard may not be used for any illegal transaction, including internet gambling transactions.
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MYCUHOME INTERNET BANKING TRANSACTIONS:
MyCUHome Internet Banking
is an online processing system, which allows members to process "electronic fund transfers" between their account(s) and make other requests in an
on-line mode by use of a personal computer connected to the Internet. If you have authorized
MyCUhome access, for which we have issued a PIN, you may log onto our MyCUhome
system to process the following transactions:
Transfers between your "asset accounts" in the credit union, excluding IRA,
and certificate accounts;
Transfers from your "asset accounts," except IRA,
and certificate accounts, to your loan accounts in the credit union, except mortgage loans.
Transfers from your line-of-credit loan accounts (i.e.
MasterCard, Personal Pocketbook or Home Equity) to your "asset accounts," except IRA,
and certificate accounts.
Balance inquiries and other account information on your asset and loan accounts*.
Transfers from your "asset accounts," except IRA,
and certificate accounts, or line-of-credit loan accounts (i.e. MasterCard, Personal Pocketbook or Home Equity) to another member account, which you have previously authorized.
Download account information into certain personal financial management software packages*.
Send an e-mail message to us to place an order for an additional supply of checks, place a stop payment on a checks or range of checks, or request a copy of a check previously written which has cleared your account*. There is a fee for these services, refer to the Checking fees in our current schedule of fees.
Make application for credit card and loan accounts*.
*These are not "electronic fund
transfers.
MyCUhome
will indicate the time at which transaction processing was last current. MyCUhome
transactions not yet processed on our main processing system will be highlighted on your personal computer screen. Transactions will be processed not later than the following "business day." See Section 14 for our "business days."
PAY AT HOME BILL PAYMENT SERVICES:
Pay@Home Bill Payment
is a bill payment service, which allows members to transfer funds from their checking account to make third-party payments. You must be a user of our
MyCUHome Internet Banking program to access the Pay@Home Bill Payment program. If you have authorized access to our
Pay@Home Bill Payment service, and agreed to pay the monthly fee (refer to our current fee schedule), you may use a personal computer, internet connection, and PIN to make the following "electronic fund transfers:"
Withdrawals from your checking account in the credit union to make payments to third parties, through the facilities of an automated clearing house (ACH) or by check.
Balance inquiry on your checking account.*
*These are not "electronic fund transfers."
Pay@Home Bill Payment
transfers can be scheduled for "Today", or "Future", or "Recurring" payments.
A "Today" payment will be withdrawn from your checking account immediately upon terminating the
Pay@Home Bill Payment session, and the payment to the third-party payee will begin processing on the following "business day." The payment may not be stopped or cancelled once you have terminated the
Pay@Home Bill Payment session.
A "Future" payment will be withdrawn from your checking account and the third-party payment will begin processing on the day scheduled, or if not a "business day" on the next "business day." "Future" payments may be scheduled up to three-hundred-sixty-four (364) days in advance and may be changed or cancelled until midnight of the day prior to the scheduled payment date.
A "Recurring" payment can be scheduled to occur automatically based upon a specified regular basis, beginning on the start date indicated and ending on the end date indicated. "Recurring" payment(s) will be withdrawn from your checking account, and the third-party payment will begin processing on the day scheduled, or if not a "business day" on the next "business day." "Recurring" payments may be changed or cancelled until midnight of the day prior to the scheduled payment date.
The
Pay@Home Bill Payment program is available twenty-four (24) hours per day, seven (7) days per week, and is limited to $5,000.00 per payment, and up to forty-five (45) third party payees. Payments are expected to be made to the third-party payee within the number of "business days" indicated when the payment is scheduled. All payments must be payable in United States Dollars and the payee address must be within the United States. Payments may not be made to a federal, state or local governmental or taxing unit, or other category of payees, as indicated.
Payments must be scheduled to allow a sufficient number of "business days," as indicated when the payment is scheduled, to process the payment and deliver funds to the third-party payee by the payment due date, excluding any grace period. See Section 14 for our "business days."
The monthly fee for
Pay@Home Bill Payment will be withdrawn from your checking account on the last day of each month, and will cover all
Pay@Home Bill Payment transactions made during the current month. See our current fee schedule for
Pay@Home Bill Payment fees. We reserve the right to increase this fee, upon notice, in the future.
5. Excluded Transactions:
Our data processing system makes it possible to offer you many electronic services, however, some of these services do not constitute "electronic fund transfers" for the purpose of this disclosure, such as, for example, deposits of payroll deduction from certain employers, payment of premiums for individual or family group life insurance by deduction from your account(s) in the credit union, automatic transfers from your account(s) to pay your loan(s) owing to us, and automatic transfers between your own "asset account(s)" in the credit union. The terms and conditions of this disclosure apply only to those services and transfers, which are "electronic fund transfers" as described in Section 4; they do not apply to other transactions which, although electronic in nature, do not constitute "electronic fund transfers" described in Section 4.
6. Fees for "Electronic Fund Transfers:"
At the present time, we make no charge to you or to your "asset account(s)" for the making of "electronic fund transfers" as described in Section 4, or for the right to make such transfers, except when limitations are exceeded on the number of transactions made at an automated teller machine and for
Pay@Home Bill Payment services. There may be a charge for additional or replacement Automated Teller Machine and/or
Debit MasterCard. (See our current fee schedule for ATM and Pay@Home Bill Payment
fees.) We reserve the right to impose, or increase such charges, if we deem it necessary. We will give you at least twenty-one (21) days advance written notice before imposing or increasing any such charge.
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.
7. Limitations on "Electronic Fund Transfers:"
Transfers and withdrawals made by telephone*, by
Telephone Teller, through MyCUHome Internet Banking, by transfer to an authorized third party or to cover overdrafts* will be limited to a total of six such transfers and withdrawals per account, per month. Transfers and withdrawals made by automated teller machine, in person or by mail, and through our
Pay@Home Bill Payment program are not subject to this limitation nor are transfers and withdrawals made from your checking account.
Your accounts may be accessed 24 hours per day, 7 days per week, except for short periods of time each day to allow for certain processing and back-up requirements. Other unanticipated outages may be experienced, although they will be kept to a minimum. We reserve the right to deny "electronic fund transfer" services if your account(s) are in derogatory status, such as if you are past due on your loan obligations with us or overdrawn on any of your account(s). These limitations may be changed in the future, however, we will give you written notice of any such change at least twenty-one (21) days in advance.
There are no limitations on the number of deposit, transfer and payment transactions you may make at an automated teller machine within the state of Michigan during a daily 24-hour operating cycle. However, deposits and transfers are limited to $9,999.99 per transaction, and are not allowed at automated teller machines outside the state of Michigan, except within the Co-op Network. Not all transactions types may be available at all automated teller machines. Payment transactions are allowed only at automated teller machines owned and operated by
SageLink Credit Union. Hi-Yield account transactions are allowed only at automated teller machines owned and operated by
SageLink Credit Union and machines within the Co-op Network. To protect against possible losses, your Automated Teller Machine Card(s) will not allow you to obtain more than $305.00 cash, including surcharges, from an automated teller machine, per card, and $500.00 in goods or services, per card, through a point of sale terminal during a daily twenty-four (24) hour cycle. Additionally, certain card(s), at the option of the credit union, may have reduced cash withdrawal and point-of-sale authorization limits, however, if this is the case, you will be notified. Your
Debit MasterCard will not allow you to obtain more than $305.00 cash, including surcharges, from an automated teller machine, per card, and $1,500.00 in goods or services, per card, through any combination of transactions at point-of-sale terminal(s) or purchase(s) at
MasterCard merchant(s) during a daily twenty-four (24) hour cycle. Purchase transactions made by use of your Automated Teller Machine Card and/or
Debit MasterCard may only be made from funds in your checking account. Access to other accounts is not permitted. You have the right to require us to program our system so that no more than $50.00 can be withdrawn from your account(s) by use of your Automated Teller Machine Card or
Debit MasterCard during a single day. Please contact us if you want this option.
Pay@Home Bill Payment
transfers are limited to $5,000.00 per payment, up to forty-five (45) third-party payees, and must be made from funds in your checking account. Third-party payments
must be made to United States payees and payable in United States Dollars. You must be a user of our
MyCUHome Internet Banking program to access Pay@Home Bill Payment.
MyCUHome Internet Banking
transactions are processed in an on-line environment and posted to your
account(s) immediately when all connections are functional.
* These are not "electronic fund transfers."
8. Documentation of Transfers:
A. You can get a transaction receipt at the time you make any transfer to, from or between your account(s) using an automated teller machine or point-of-sale terminal.
B. If you have arranged to have direct deposits (which are "electronic fund transfers" as described in Section 4) made to your "asset account(s)" at least once every sixty (60) days from the same person or company;
(1) In most cases, the person or company making the deposit will tell you every time they send us the money, but
(2) If that person or company does not give you such notice, you can call our Call Center at
(810) 767-8370 to find out whether or not the deposit was made. You may also use our
Telephone Teller and/or MyCUHome Internet Banking program to verify the deposit was made.
C. You will receive a statement every month in which you have "electronic fund transfer" activity, and at least once per quarter for each "asset account(s)" for which you have authorized any "electronic fund transfer" service described in Section 4 that has not had activity in a given month.
D. If preauthorized payments from your account(s) may vary in amount, the person you are going to pay will tell you in writing ten (10) days before each payment, when it will be made and how much it will be.
9. Stopping Payment on Preauthorized, Electronic Check Conversions, and
Pay@Home Bill Payment Transfers From Your Accounts:
The following rules apply only to "Preauthorized Transfers From Your Account (Debits)," "Electronic Check Conversions" and "Pay@Home Bill Payment Services" as described in Section 4 of this disclosure.
If you have told us in advance to make regular payments out of your account(s), or authorized an electronic check conversion, you can stop these payments. However, only
Pay@Home Bill Payment transfers designated as "Recurring" payments can be stopped.
Pay@Home Bill Payment transactions designated as "Future" and "Recurring" payments can be cancelled through the
Pay@Home Bill Payment program until midnight of the day before the scheduled processing day. "Today" transactions cannot be stopped or cancelled once the
Pay@Home Bill Payment session is terminated. To place a stop payment on a preauthorized transfer, electronic check conversion, or "Recurring"
Pay@Home Bill Payment transfer from your account, you must:
Call at:
(810) 767-8370;
Or, write us at:
Attn.: Member Service Department
SageLink
Credit Union
G-3311 Van Slyke Road
P.O. Box 7025
Flint, Michigan
48507-0025
This notice must be sent in time for us to receive your request three (3) or more "business days" before the payment is scheduled to be made. Give us your name and account number, the name of the party receiving the payment, the amount of the payment, and date on which it is scheduled to be made. If you call, you will be REQUIRED to put your request in writing and to get it to us within fourteen (14) days after you call.
We make a charge for handling such stop-payment orders and reserve the right, upon notice, to increase such charges in the future. Refer to ACH and
Pay@Home Bill Payment Stop Payment Fees in our current schedule of fees.
If these regular payments may vary in amount, the party 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 from the previous payment, or when the amount would fall outside certain limits that you set; if so, you must make the necessary arrangements with the party you are going to pay.
If you order us to stop one of these preauthorized, or "Future" or "Recurring"
Pay@Home Bill Payment payments three (3) or more "business days" before the transfer is scheduled, and we do not do so, we will be liable for your actual losses or proven damages. In Section 14 of this disclosure, we tell you what our "business days" are.
10. Reversing "Electronic Fund Transfers:"
If an "electronic fund transfer" described in Section 4 was a payment of $50.00 or more for goods or services to a third party, you have the right to require us to reverse such transfer and to credit your account with the full amount of the transfer if (1) you tell us, within four (4) calendar days after the date of the transfer, to make such a reversal, (2) you notify us that you have made a good faith attempt to resolve your dispute with the third party involved, and (3) you assure us that any returnable goods involved in the dispute will be returned.
If you do these things in writing, you MUST send the letter to:
Attn.: Member Service Department
SageLink
Credit Union
G-3311 Van Slyke Road
P.O. Box 7025
Flint, Michigan
48507-0025
If you phone us, you MUST call:
(810) 767-8370
If you tell us orally that you want such a transfer reversed, we will send you a form you can use to confirm your reversal request, your notice of attempted resolution of the dispute, and your assurance to return any returnable goods involved. You are required to get this confirmation form back to us properly filled out within fourteen (14) calendar days after the date of your oral request for reversal. We make a charge for handling such reversal requests and reserve the right, upon notice, to increase such charges in the future. Refer to the ACH Reversal fee in our current schedule of fees.
11. Disclosure of Information to Third Parties:
In the ordinary course of business we will only disclose information to non-affiliated third parties concerning your account(s) or "electronic fund transfers" described in Section 4 under the following circumstances:
As necessary to complete "electronic fund transfers" or other transactions you have authorized; or
·With your oral or written consent; or
To verify the existence of your account(s), or sufficient funds necessary to complete "electronic fund transfers" you have authorized through a third party; or
To furnish information under the federal "Fair Credit Reporting Act;" or
As provided by law, by court order, or governmental agency inquiry or order; or
To investigate possible unauthorized "electronic fund transfers," or to combat fraud; or
If the information relates to improper use of your account(s) or access devices.
12. In Case of Errors or Questions About Your "Electronic Fund Transfers" as Described in Section 4:
Telephone
us at:
(810) 767-8370
Write to us at:
Attn.: Member Service Department
SageLink
Credit Union
G-3311 Van Slyke Road
P.O. Box 7025
Flint, Michigan
48507-0025
as soon as you can, if you think your statement or a transaction receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared.
(1) Tell us your name and account number; and
(2) 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; and
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we will require that you send us your complaint in writing within ten (10) "business days." In Section 14 of this agreement, we list our "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, ninety (90) days in the case of point-of-sale and foreign transactions, 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 use of the money during the time it takes us to complete our investigation. If the error you assert is an unauthorized
MasterCard transaction, other than a cash disbursement at an automated teller machine, 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." 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.
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. Any provisional credit that you were given while we completed our investigation is subject to reversal until our investigation is complete, but not later than sixty (60) days. You may ask us for copies of the documents that we used in our investigation.
*If you give notice of an error that occurred within thirty (30) days after you made 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 that occurred within thirty (30) days after you made the first deposit to your account, we will have ninety (90) days instead of forty-five (45) days to investigate.
13. Liability For Failure to Make "Electronic Fund Transfers:"
If we do not complete an "electronic fund transfer," as described in Section 4, to or from your account(s) on time or in the correct amount according to our agreement with you, we will be liable for your actual 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 there is not enough money in your account, in excess of amounts you have specifically pledged to us as collateral, to make the transfer;
· If there is not enough collected funds in your account to make the transfer;
· If the funds in your account are subject to garnishment or other legal process which prevents the making of the transfer;
· If we have, because of your default, exercised our rights against the funds in your account pursuant to a pledge of those funds, or other offset privilege;
· If the transfer would go over the established limit on your account;
· If you used your card(s) or other access device in an incorrect, illegal or unauthorized manner;
· If the automated teller machine where you are making the transfer does not have enough cash;
· If the terminal or system was not working properly and you knew about the breakdown when you originated the transfer;
· If the failure was caused by a merchant, system or network not within our control;
· If you use or attempt to use "electronic funds transfers" as described in Section 4 after your right has been canceled;
· If circumstances beyond our control prevent the transfer, despite reasonable precautions that we have taken;
· If you fail to observe the terms and conditions of this agreement or our account agreements with you;
· If any of your account(s) are in derogatory status;
· If, due to suspicious activity on your account, we have temporarily suspended your privileges until the activity can be verified;
· If, using
Pay@Home Bill Payment, you attempt to make a payment to a payee outside the U.S., or to a governmental or taxing unit, or other restricted payee; or
· Other reasonable exceptions as established by us.
14. Business Days:
Our "business days" are Monday through Friday. However, the office is not open for business on New Year's Day, Martin Luther King, Jr. Day, President's Day,
Memorial Day, Independence Day, Labor Day, Vetrans Day, Thanksgiving Day,
Christmas Day, nor on any day designated for their observance.
If we change our "business days," we will notify you of the change in advance.
15. Regulatory Agency:
If you believe that we may have violated federal or state laws regulating "electronic fund transfers" (Michigan Public Act No. 322 of 1978), you may contact:
National Credit Union Administration
Region
I
9 Washington Square
Washington Avenue Extension
Albany,
NY 12205
16. Amendments; Termination of Agreement:
We reserve the right to amend this disclosure (agreement) in any manner and at any time. If we do so, we will give you such advance notice thereof as we deem to be reasonable under the circumstances, however, in the specific cases mentioned earlier, we will give you at least twenty-one (21) days advance written notice. We also reserve the right to terminate this disclosure (agreement) by sending a notice of such termination by first class mail to your last known address on our records, which shall be effective when mailed.
17. Termination of Prior Agreements:
This disclosure terminates and takes the place of any "Disclosure Pursuant to Electronic Fund Transfer Laws" we have previously furnished to you.
18. Effective Date:
The effective date of this disclosure (agreement) is
November 1, 2004.
19. Location of Machines:
At the present time, you can use automated teller machines owned and operated by
SageLink Credit Union, and in machines in the Fiserv EFT, Co-op, and Cirrus networks. Other regional networks may also be available through network sharing agreements.
The number and location of automated teller machines is, of course, subject to change at any time. If you have an Automated Teller Machine Card and/or
Debit MasterCard and PIN, we will keep you informed from time to time of the location of our machines and the networks available.
20. Suspension of Privileges and Card Ownership:
We may at any time, and in our sole discretion, terminate all or a portion of the "electronic fund transfers" services which you have previously authorized. If we do this we will notify you of the termination or suspension. All Automated Teller Machine Card(s) and/or
Debit MasterCard(s) and PIN's are the property of the credit union. You agree to sign the card(s) immediately upon receipt. You also agree to surrender the card(s) upon request or upon termination of this agreement.
21. Secrecy of PIN:
If we have issued PINs for use in conjunction with your Automated Teller Machine Card,
Debit MasterCard, our MyCUHome Internet Banking program, our Pay@Home Bill Payment
service, and/or our Telephone Teller program, you agree to keep the PIN(s) secret and you also agree that you will not write the PIN(s) on your card(s) nor on any item you keep with your card(s) or other account information, or store your PIN on your personal computer.
22. Responsibility for Overdraft:
If an overdraft in your account(s) is created through your use of "electronic fund transfers" as described in Section 4, or because of fees and charges relating to those "electronic fund transfers," the overdraft amount is due and payable the moment you get it. You agree to pay the full amount of it to us, together with interest at the Annual Percentage Rate of 18% per year from the date the transfer or fee is posted to your account(s) to the date the full amount of the overdraft is paid. You also authorize us, in such a case, to apply from any other shares or deposits you may have in the credit union such amount as may be necessary to pay such overdraft amount.
If a preauthorized, point-of-sale or
Pay@Home Bill Payment debit is presented for authorization or payment to your checking account for which there are insufficient funds available, (1) a transfer will be made from your other share or deposit account(s) to cover the overdraft, in accordance with your checking account agreement with us, and/or (2) an advance on your line-of-credit loan account with us will be made to cover the overdraft and you will repay that advance in accordance with the terms and conditions of your line-of-credit plan, depending upon which form of overdraft protection you have selected. But, if there are not sufficient funds to make a transfer according to (1) or (2) of this section, or if you have no overdraft protection for your checking account, the transfer will be denied and returned to the third-party presenter without payment, and your account may be charged a non-sufficient fund fee. A hold may be placed on your account(s) at the time that a point-of-sale or
Pay@Home Bill Payment transaction is authorized, pending posting of the transaction to your account(s).
If a preauthorized debit is presented for payment to your share account(s) for which there are insufficient funds available, funds will be transferred from your other "asset accounts," except the IRA, certificates, and escrow accounts, in an amount necessary to cover the overdraft amount, plus a transfer fee. If there are not sufficient funds available to pay the overdraft amount and fee, the preauthorized debit will be denied and returned to the third-party presenter without payment, and your account will be charged a non-sufficient fund fee.
Refer to ACH fees in our current schedule of fees. We reserve the right to increase this fee, upon notice, in the future.
23. Crediting of Deposits, Payments and Transfers:
Deposits or payments made in an automated teller machine, whether in cash, check, draft, or money order, are subject to verification, and the posting of such deposits and payments may be delayed until they can be collected from the machine, verified, and entered into our accounting system. Further delay may occur if the transaction is made on a day that is not a "business day." Deposits and payments are subject to collection in accordance with your account agreement with us, and our Funds Availability Policy attached to this agreement.
MyCUHome Internet Banking
transactions are processed in an off-line batch processing system and are posted to your account(s) several times per "business day" but not later than the following "business day."
Pay@Home Bill Payment
transactions scheduled as "Today" payments will be deducted from your checking account immediately, however payment to the payee will not begin processing until the following "business day."
Pay@Home Bill Payment transactions scheduled as "Future" or "Recurring" payments will be deducted and processed on the scheduled payment date. The timeframe allocated for all payments to be received by the designated payee will be either two (2) or five (5) "business days," as indicated when the payment is scheduled.
Refer to Section 14 for our "business days."
24. Liability for Unauthorized Use:
Except as provided in this section, the credit union is liable to you for funds wrongly taken from your account by an unauthorized "electronic fund transfer."
However, you will be responsible for money taken from your account through an unauthorized "electronic fund transfer" if you voluntarily give your Automated Teller Machine Card and/or
Debit MasterCard, Telephone Teller, MyCUHome Internet Banking, or Pay@Home Bill Payment
account information or PIN(s) to someone who takes money out of your account(s) without your permission. You will continue to be liable until you notify us that transfers by that person are no longer authorized.
You should notify us immediately if you discover that your Automated Teller Machine Card and/or
Debit MasterCard, Telephone Teller, MyCUHome Internet Banking, or Pay@Home Bill Payment
account information has been lost or stolen, or that someone has learned your PIN(s) without your permission. You should also notify us immediately if you believe someone has gotten money out of your account(s) without your permission. Telephoning is the best way of keeping your possible losses to a minimum. You could lose all the money in your account(s) plus the maximum limits of your
MasterCard credit card, Home Equity or overdraft lines of credit.
If you notify us within two (2) business days, you can lose no more than $50.00 if someone used your Automated Teller Machine Card and/or
Debit MasterCard or accessed your account(s) through Telephone Teller, MyCUHome Internet Banking
or Pay@Home Bill Payment without your permission.
If you do NOT tell us within two (2) "business days" after you learn of the loss or theft of your Automated Teller Machine Card and/or
Debit MasterCard, or your Telephone Teller, MyCUHome Internet Banking or Pay@Home Bill Payment
PIN(s), and we can prove we could have stopped someone from accessing your account(s) without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transactions that you did not authorize, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason such as an extended trip or hospital stay kept you from telling us, we may extend the time periods.
Special Liability Protection Rules for
Debit MasterCard Transactions.
You will not be liable for any unauthorized transactions made with your lost or stolen
Debit MasterCard, when used to make purchases at a MasterCard merchant (excluding transactions performed at an automated teller machine or
Fiserv EFT point-of-sale merchant).
25. Notice of Unauthorized Use:
If you believe your Automated Teller Machine Card and/or
Debit MasterCard, Telephone Teller, MyCUHome Internet Banking or Pay@Home Bill Payment
PIN(s) has been lost or stolen or that someone has transferred or may transfer money from your account(s) without your permission, contact us IMMEDIATELY at:
(810) 767-8370
or Write:
Attn.: Member Service Department
SageLink
Credit Union
G-3311 Van Slyke Road
P.O. Box 7025
Flint, Michigan
48507-0025