HOPEWELL CHEMICAL FCU ACH - ATM /VISA DEBIT CARD
“ART” AUDIO RESPONSE TELLER
ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE

This Electronic Funds Transfer Agreement is the contract, which covers your and our rights and responsibilities concerning the electronic funds transfer (“EFT”) services offered to you by Hopewell Chemical Federal 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 any one 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 the Agreement and any amendments for the EFT services offered.

  1. EFT Services.

    If approved, you may conduct any one or more of the EFT services offered by the Credit Union.

    1. VISA Debit Card. You may use your Card to purchase goods and services any place your Card is honored by participating merchants. Funds to cover your Card purchases will be deducted from your share draft 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 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 in automated teller machines of the Credit Union, VISA, Cirrus, Accel, Xchang and Culiance Networks, and such other machines or facilities as the Credit Union may designate. At the present time, you may also use your Card to:
      • Withdraw funds from your share draft accounts.
      • Obtain balance information for your share draft 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 a daily limit of $1000.00 or 15 transactions per day at merchants.
      • Purchase amounts are limited to the amount in your account.
      • You may withdraw up to a maximum of $300 in any 24-hour period from an ATM machine, if there are sufficient funds in your account.
    2. “ART” Audio Response Teller. If we approve the audio response teller access service for your accounts, a separate PIN (Personal Identification Number) will be assigned to you. You must use your PIN along with your account number to access your accounts. At the present time you may use the audio response access service to:
      • Transfer funds from your share accounts.
      • Obtain balance information for your share, share draft, Club, IRA, loan and certificate accounts
      • Make loan payments from your share and share draft accounts.
      • Determine if a particular item has cleared.
      • Obtain tax information on amounts earned on share accounts or interest paid on loan accounts.
      • Verify the last date and amount of your direct deposit/payroll deposit.
      • Obtain loan calculations.
      • Determine loan payoff by date.

      Your accounts can be accessed under the audio response teller service via a touch-tone telephone only. Audio response teller service will be available for your convenience 24 hours a day. This service may be interrupted for a short time each day for data processing.

      • There is no limit to the number of inquiries or transfers you may make in any one day.
      • There is a limit of five transactions per call and certain limits on the account history information available.
      • See Section 2 for transfer limitations that may apply to these transactions.

      The Credit Union reserves 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 or required reserve on the account. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The service will discontinue if no transaction is ordered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each telephone call.

    3. Preauthorized EFT’s.
      • 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 or share draft account.
      • 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 debt your account for returned check fees.
      • See Section 2 for transfer limitations that may apply to these transactions.
  2. Transfer Limitations.

    For all share accounts, no more than six (6) preauthorized, automatic, or telephone transfers and withdrawals may be made from these accounts to another account of yours or to a third party in any month, and no more than three (3) of these six 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.

  3. Conditions of EFT Services.

    1. 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 whom 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.
    2. Honoring the Card. Neither the Credit Union 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.
    3. Security of Access Code. You may use one or more access codes with your electronic funds transfers. The access codes 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 codes 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 EFT services immediately.
    4. 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 share draft 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.
  4. Fees and Charges.

    There are certain charges for electronic funds transfer services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law.

    1. VISA Debit Card Fees.
      • $10.00 Additional/lost card, Replacement card.
      • Non-sufficient funds fee of $28.00 each.
      • When using ATMs not owned by us, you may be assessed a fee. Such fees are imposed by the ATM owner, not our credit union and therefore, are your responsibility.
      • 8 Free Transactions at any ATM machine, after that $1.00 per withdrawal, Transactions includes inquiries and withdrawals.
      • $5.00 Additional/lost Replacement or Forgotten Pin#.
    2. Preauthorized EFT Fees.
      • Non-sufficient funds fee of $28.00.
  5. Member Liability.

    You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit other persons to use any EFT service, ART service or VISA Debit Card or your access code you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe your Card has been lost or stolen of if you believe someone has used any EFT service, ART service, VISA Debit Card or access code or otherwise accessed your accounts with us without your authority. For VISA Debit Card purchase transactions, if you notify us that your Card has been lost or stolen within two (2) business days of your discovery, you may not be liable for any losses. If you notify us that your Card has been lost or stolen after two (2) business days of your discovery, your maximum liability for losses to your account may be up to $50.00. These liability limits will apply, provided you were not grossly negligent or fraudulent in handling your VISA Debit Card and that you provide us with a written statement regarding your claim of unauthorized VISA Debit Card use. You must also cooperate with any investigation and prosecution required due to fraudulent transactions. Otherwise you may be liable for the full amount of the loss.

    Also, if your statement shows EFT transactions that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the full amount of the loss. If a good reason (such as hospital stay) kept you from telling us, we may extend the time periods.

    To put an immediate block on a lost, stolen, or compromised card, you may call 800-472-3272, available 24 hours a day; or you may call our Main Office: (804) 452-2480 during regular business hours.

  6. Right to Receive Documentation.

    1. Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, Debit Card transactions, audio response transactions or preauthorized EFTs 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.
    2. 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.
    3. 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 “ART” Audio Response Teller at (800) 259-0761 or our office at (804) 452-2480. This does not apply to transactions occurring outside the United States.
  7. Account Information Disclosure.

    We will disclose information to third parties about your account on 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;
    • To comply with government agencies or court orders; or
    • If you give us your written permission.
  8. Foreign Transactions.

    An International Transaction Fee will be assessed on all transactions where the merchant country differs from the country of the card issuer. The converted transaction amount will be shown separately from the International Transaction Fee on your billing statement. This fee will be assessed on all international purchases, credit vouchers, and cash disbursements.

    Foreign Transaction Currency Exchange Rate. The exchange rate for transactions in a foreign currency will be 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, or the government mandated rate in effect for the applicable central processing date plus the International Transaction Fee.

  9. 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:

    1. Liability for Direct or Consequential Damages.
      • 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 or 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 past due or 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.
      • Any other exceptions as established by the Credit Union.
    2. 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 in writing at any time up to 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.
      Consumer accounts: A Stop Payment Order, (SPO), will remain in effect until the earlier of: (1) the withdrawal of the SPO by the Receiver; or (2) the return of the debit Entry, or where a SPO applies to more than one debit Entry relating to a specific authorization involving specific Originator, the return of all such debit Entries.
      Non-Consumer accounts: (1) the withdrawal of the SPO by the Receiver; or (2) the return of the debit Entry; or (3) six months from the date of the SPO, unless renewed in writing.
    3. 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 by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.
    4. 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.
  10. Notices.

    All notices from us will be effective when we have mailed 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 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. 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 facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction and leave.
    • If you are followed after making a transaction, go to the nearest public area where people are located.
    • Do not write your PIN or code on your ATM Card.
    • Report all crimes to law enforcement officials immediately.
  11. Billing Errors.

    In case of errors or questions about electronic funds transfers from your share and share draft 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;

    Hopewell Chemical Federal Credit Union
    P O Box 449 / 702 Elm Street
    Hopewell, VA 23860
    Phone: (804) 452-2480
    Fax: (804) 452-5515

    • 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 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, 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 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 business days after we finish our investigation. You may ask for copies of the document that we used in our investigation.

    If the error you assert is an unauthorized VISA transaction other than a cash disbursement at any ATM, we will credit your account within five business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten business days.

  12. 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.

  13. 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 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.

  14. Enforcement.

    In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the county and state in which the Credit Union is located, if allowed by applicable law.

  15. Illegal Use.

    Any Illegal use of Account, VISA Debit Cards, Electronic Funds Service, etc. or any illegal transaction including but not limited to Internet Gambling could result in this account and other related services being terminated at the Credit Union’s discretion. The member further agrees to hold the Credit Union harmless from any suits or other legal action or liability resulting from such illegal use of this account. The Credit Union reserves the right to decline to authorize any transactions that may possess an undue risk of illegal activity.

    ____________________________________________________
    Member Signature Date
    ____________________________________________________
    Joint Owner / Guarantor / User Date
  16. VISA Account Updater (VAU)

    My Card is automatically enrolled in VAU, an automatic account information updating service provided by VISA. When my account information changes, Hopewell Chemical FCU will submit electronic files with my updated information to VISA, and VISA will send my updated information to participating merchants with whom I have an ongoing payment relationship, such as recurring payments or automatic billing. This service is a convenience, provided to me at no cost; however, I may opt-out of VAU at any time by contacting you at 804-452-2480. I understand that participating in VAU does not relieve me of my obligation to ensure that merchants have correct account information on file, and if I fail to keep my account information current it may result in a declined payment. I also understand that neither VISA nor Hopewell Chemical FCU can guarantee that my account updates will be communicated to merchants prior to my next billing date.

Revised: 01/06/2010, revised 06/29/2010, revised 09/01/2012, 05/31/16, 09/25/17, reviewed 03/27/2018