Electronic Services Agreement & Disclosure
THIS IS YOUR ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE. IT INCLUDES NECESSARY FEDERAL STATEMENTS AS REQUIRED BY THE ELECTRONIC FUND TRANSFER ACT (15 U.S.C. SECTION 1693 ET SEQ) AND REGULATION E AND ANY SPECIAL INSTRUCTIONS REGARDING THE USE OF YOUR VISA® DEBIT CARD AND OUR PERSONAL COMPUTER ACCOUNT ACCESS SYSTEM (“ONLINE BANKING”), EACH WITH THEIR CORRESPONDING PERSONAL IDENTIFICATION NUMBER (PIN) OR ACCESS CODE AND ANY CHECKS YOU AUTHORIZE TO BE PROCESSED ELECTRONICALLY (“E-CHECK”).
VISA® DEBIT CARD, ONLINE BANKING AND E-CHECK AGREEMENT. This Agreement applies to any electronic fund transfer made to or from Your Account(s) by you or by any User who has access to Your Account with actual, apparent or implied authority for Use of Your Account. Electronic fund transfers to and from Your Account can be made through the Use of, but may not be limited to the following: (a) Your Card in Automated Teller Machines (ATMs) or at any place that it is honored including those transactions made through the Use of the appropriate PIN in conjunction with Your Card; (b) Our Online Banking Personal Computer Account Access System; and (c) any check which You authorize the payee to process electronically. An electronic fund transfer is any transfer of funds which is performed though the Use of Your Card, Our Online Banking system, E-Check or other electronic device. You understand that Your Card and any Personal Identification Numbers (PINs) or Access Codes are issued by Us and are not transferable. The Use of Your Card, PIN and/or any other Account access device is subject to the following terms. You agree: (a) to abide by Our rules and regulations as amended related to the Use of Your Card, PIN and/or other Account access device; (b) that We may follow all instructions given to Machines; (c) not to Use Your Card for illegal transactions including, but not limited to, advances made for the purpose of gambling and/or wagering where such practices are in violation of applicable state and/or federal law; and (d) that each withdrawal by You or by any authorized User of Your Card or PIN may be charged to Your share or share draft Account, as appropriate, and will be treated as though it were a share withdrawal except that: (1) We may charge withdrawals to Your share Account in any order We determine; and (2) We cannot honor stop payment requests on ATM and POS withdrawals.
We may, but are under no obligation to do so, process an Electronic Fund Transfer that exceeds the balance in Your share and/or share draft Account. In the event that any such transfer occurs, You agree to immediately pay Us the overdrawn amount and to the extent permitted by law, any associated fees and charges. For security reasons there are limits on the number of transactions that may be processed each day.
ISSUANCE OF PERSONAL IDENTIFICATION NUMBERS AND ACCESS CODES. You will be issued separate Personal Identification Numbers (PINs) to be used in conjunction with VISA® Debit Card transactions, and separate Access Codes to be used in conjunction with Online Banking transactions. Your use of Your PIN or Access Code is your authorization to us to withdraw funds from your share Account or Your share draft Account to cover such transactions.
OWNERSHIP. Your Card or any other Account access device will remain Our property and may be cancelled or its use restricted by Us at any time without notice. You agree to surrender it and to discontinue its use immediately upon Our request.
OTHER AGREEMENT. If electronic fund transfer transactions involve other agreements you have with Us, the terms of those agreements will apply as well.
BUSINESS DAYS. Every day is a business day except Saturdays, Sundays and holidays.
DELAYED FUNDS AVAILABILITY NOTICE. Subject to Our Delayed Funds Availability Policy, deposits made at MOOG Employees FCU locations may not be posted to Your Account until they are received and verified by Us. All deposited items are removed from machines each business day. We are not responsible for delays in deposit posting due to improper identification on the deposit item. See Our Funds Availability Policy Disclosure for Our policy regarding the availability of Your deposit.
TYPES AND LIMITATIONS OF SERVICES
VISA® DEBIT CARD TRANSACTIONS. At the present time, You may Use Your Card in conjunction with Your PIN to make unlimited deposits of cash and checks to Your share draft Account(s) in the MOOG Employees FCU ATM (located at 7181 Seneca Street, East Aurora, NY 14052) and such other machines or facilities as We may designate. You may also Use Your Card and PIN in any of Our network ATMs and such other machines or facilities as We may designate to: (a) withdraw cash from Your share draft Account, not to exceed $500.00 per day, provided there are available funds in Your Account; and (b) obtain balance information on Your share draft Account.
Additionally, You may Use Your Card and PIN to purchase goods and services (“POS”) at any business establishment where the Card is accepted (from Your share draft Account), provided there are available funds in Your Account.
ONLINE BANKING TRANSACTIONS. At the present time, You may Use Online Banking in conjunction with Your Access Code, an internet connection, and a personal computer or internet-enabled mobile computing device (e.g. a smartphone or tablet) for the following services: (a) transfer funds between Your share, share draft, money market and club Accounts; (b) obtain balance information on Your share, share draft, money market, club and loan accounts; and (c) make loan payments from share, share draft, money market and club Accounts to Your loan Accounts with Us. Online Banking operates 24 hours every day. If You attempt to Use the system and are told the “the system is not available,” please try again later when service is restored.
You may also Use the Online Banking platform to access the Checkfree Bill Pay feature to: (a) authorize the Credit Union to issue payments on Your behalf, provided there are available funds in Your Account; and (b) check the status of payments previously authorized through the Checkfree Bill Pay feature. In order to Use the Bill Pay feature for such transactions, You must have a share draft Account with Us. By completing a bill pay transaction using the Bill Pay feature, You authorize Us to post any such payments to Your share draft Account. Payments will be made by check or electronic transfer and will be sent to the payee on the 1st business day prior to the date You designate it to be sent. The Credit Union cannot guarantee the time any payment will reach any of Your payees and accepts no liability for any service fees or late charges levied against You. Payments requested to be sent on dates that do not exist in a given month (e.g. February 30th or April 31st), or fall on Saturdays, Sundays, Federal Reserve and other Credit Union observed holidays will be sent on the 1st business day preceding such date.
E-CHECK TRANSACTIONS. You may authorize a merchant or other payee to make a one-time electronic payment from Your checking Account using information from Your check (“E-Check”) to: (a) pay for purchases; or (b) pay bills.
OWNERSHIP. Your Card and/or any other Account access device will remain our property and may be cancelled or its use restricted by Us at any time without notice. You agree to surrender it and to discontinue its use immediately upon Our request. You will be required to return and Account access devices to Us immediately upon the closing of Your Account.
NOTIFICATION OF PRE-AUTHORIZED DEPOSITS. If You have arranged to have direct deposits made to Your Account at least once every 60 days (from Your employer, the Federal government or other payer), You can call Us at the telephone number shown in this Agreement to find out whether or not the deposit has been made.
RIGHT TO STOP PRE-AUTHORIZED PAYMENTS. If You want to stop any pre-authorized payments, call Us at the telephone number shown in this Agreement or write Us as the address shown in this Agreement in time for Us to receive Your stop payment request 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 14 days after You call. To be sure that third party does not bill You again for the “stopped” payment or to cancel the entire pre-authorized payment arrangement, contact the third party.
NOTICE OF VARYING AMOUNTS. If regular pre-authorized payments may vary in amount, the person You are going to pay will tell You, 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.
OUR LIABILITY FOR FAILURE TO STOP PAYMENT. If You order Us to place a stop payment on one of Your pre-authorized payments 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.
TRANSACTION SLIPS. You can get a receipt at the time You make any transaction to or from Your Account (except Online Banking, telephonic and mail-in transactions, and certain small-value transactions). When an electronic transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly.
FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule and Online Banking information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network Used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS. If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM; (f) Your Card or PIN has been reported lost or stolen and We have blocked the Account; (g) the money in Your Account is subject to legal process or other claim; (h) there are other lawful exceptions established by Us and You are given proper advance notice of them; (i) You exceed any limits on Your Account; and (j) the debit card network does not allow the transaction to proceed due to anti-fraud or similar consumer protections employed by that network.
LIABILITY FOR UNAUTHORIZED USE. If You believe Your Card or PIN have been lost or stolen or if You believe that an electronic fund transfer has been made without Your permission using information from Your check:
Telephone Us at (716) 655-2360
Or write to Us at:
MOOG Employees Federal Credit Union
7181 Seneca Street
East Aurora, NY 14052-0018
Telephoning is the best way of keeping Your possible losses down. You could lose all of the money in Your Account (plus Your Maximum overdraft line of credit, if applicable).
If You tell Us within 2 business days after You learn of the loss or theft of Your Card or PIN, You can lose no more than $50.00 if someone uses Your Card or PIN without Your permission. If You fail to tell Us within 2 business days after You learn of the loss or theft of Your Card or PIN and We can prove that We could have stopped someone from Using Your Card or PIN without Your permission if You had told Us, then You could lose as much as $500.00. Additionally, if Your periodic statement shows transactions that You did not make, You will 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 on time. If a valid reason (such as a long trip or hospital stay) keeps You from giving Us notice, we will extend the time periods.
Exception: You will have no liability for unauthorized use for Your VISA® Debit Card as long as You report the loss or theft of Your VISA® Debit Card within 2 business days. These exceptions do not apply to: (a) transactions that originate at an ATM; or (b) transactions that originate from Your gross negligence; or (c) transactions that originate from Your fraudulent Use of Your VISA® Debit Card; or (d) transactions processed through non-VISA® networks without cardholder PIN validation.
IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC TRANSFERS. If You think Your statement or receipt is wrong or if You need more information about a transaction listed on the statement or receipt telephone Us at: (716) 655-2360
Or write to Us at:
MOOG Employees Federal Credit Union
7181 Seneca Street
East Aurora, NY 14052-0018
We must hear from You no later than 60 days after we send 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 10 business days.
We will determine whether an error occurred within 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 45 days to investigate Your complaint or question. If we decide to do this, we will credit Your Account within 10 business days for the amount You think is in error (provisional credit), 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 10 business days, We may not credit Your Account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, We may take up to 90 days to investigate Your complaint or question. For new Accounts, We may take up to 20 business days to credit Your Account for the amount You think is in error (provisional credit).
We will tell You the results within three 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. If We decide that there was no error and have given You provisional credit, that credit will be reversed.
UNAUTHORIZED TRANSFERS. To report a lost or stolen Card, PIN, Access Code or any combination thereof, You will call Us at (716) 655-2360. You may also report the loss of a Card, PIN, Access Code or any combination thereof, by writing to Us at:
MOOG Employees Federal Credit Union
7181 Seneca Street
East Aurora, NY 14052-0018
You should also call the number or write to the address listed above if You believe a transfer has been made using the information from Your check without Your permission.
FOREIGN TRANSACTIONS. For transactions initiated in foreign countries and foreign currencies, the exchange rate between the transaction currency and the billing currency (U.S. dollars) will be: (a) a rate selected by VISA® from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA® itself receives; (b) the government-mandated rate in effect for the applicable central processing date. For transactions that are initiated in a foreign currency, You will be charged 1.00% of the final settlement amount. For transactions occurring in foreign countries and initiated in U.S. Dollars, You will be charged 0.80% of the final settlement amount.
DISCLOSURE OF ACCOUNT INFORMATION. We may disclose information to third parties about Your Account or transfers You make: (1) when it is necessary to complete an electronic transaction; or (2) in order to verify the existence and conditions of Your Account for a third party such as a credit bureau or merchant; or (3) in order to comply with a government agency or court order, or any legal process; or (4) if You give Us written permission.
TERMINATION. We may terminate Your right to use Your Card, PIN or Access Code, or cancel this Agreement at any time upon written notice. You may request termination of these services in writing.
CHANGES IN TERMS. We may change the terms and charges for the services shown in this Agreement and may amend this Agreement from time to time upon proper notice to You.
GOVERNING LAW. This Agreement is controlled and governed by the laws of the State of New York except to the extent that such laws are inconsistent with controlling Federal law.