In this Disclosure and Agreement, the words “I,” “me,” “my,”“us” and “our” mean each and all of those who apply for and/or use any of the electronic services described in this Disclosure and Agreement. The words “you,” “your,” and “yours” mean PACIFIC COMMUNITY CREDIT UNION. My acceptance, retention or use of an ATM Card, VISA Check Card or other electronic funds transaction hereunder constitutes an agreement between you and me as described below.
This Disclosure and Agreement is given by you in compliance with the Electronic Funds Transfer Act (15 U.S.C. Section 1693, et seq.) and Regulation E (12 CFR 205, et seq.) to inform me of certain terms and conditions of the electronic funds transfer services I have requested.
At the present time, you participate in several types of services that may be accomplished by electronic transfer: preauthorized deposits of net paycheck, payroll deductions, reauthorized deposits of pension checks and Federal Recurring Payments(for example, Social Security payments), preauthorized withdrawals for bill payments and other recurring payments, Automated Teller Machine (ATM) electronic fund transfer services at Credit Union-owned (“Proprietary”) ATMs and on “Shared Network” ATMs such as The CO-OP¨, STAR SYSTEM¨,CIRRUS¨, EXPLORE¨ and VISA¨, and such other systems as may be added from time to time, Tellerfone-24, Pacific Xpress and POS. Disclosure information applicable to all electronic services offered by you is given below, with certain specific disclosure information for each service following in separate sections. I understand that the agreements, terms, conditions, rules and regulations applicable to my Checking Account, Share Account, and any other applicable accounts, remain in full force and effect and continue to be applicable, except as specifically modified by this Disclosure and Agreement.
GENERAL DISCLOSURES APPLICABLE TO ALL ELECTRONIC SERVICES
Business Day Disclosure. Your business days are Monday through Friday, except holidays. Your business hours are 10:00a.m. to 6:00 p.m. each business day. ATMs, Tellerfone-24 and Pacific Xpress are generally open, but not always accessible, 24hours a day, 7-days a week.
Disclosure of Account Information to Third Parties.
You will disclose information to third parties about my account or transfers I make: (1) When it is necessary to complete an electronic transaction; (2) In order to verify the existence and condition of my account for a third party, such as a credit bureau or merchant; (3) In order to comply with a government agency or Court order, or any legal process; or (4) If I give you written permission. In Case of Errors or Questions about My Electronic Services Transactions, I Must: Telephone you at: (714) 526-2328 or write you at: PACIFIC COMMUNITY CREDIT UNION 401 E. Imperial Highway Fullerton, CA 92835-1199
as soon as I can, if I think my statement or receipt is wrong or if I need more information about a transaction listed on the statement or receipt. You must hear from me no later than sixty (60) days after you send me the FIRST statement on which the problem or error appeared. I must:
(1) Tell you my name and account number; (2) Describe the error or the transaction I am unsure about and explain as clearly as I can why I believe it is an error or why I need more information; and (3) Tell you the dollar amount of the suspected error. If I tell you orally, you will require that I send you my complaint or question in writing within ten (10) business days.
You will determine whether an error occurred within ten (10) business days after you hear from me and will correct any error promptly. If you need more time, however, you may take up to forty five (45) days to investigate my complaint or question. If you decide to do this, you will credit my account within ten (10) business days for the amount I think is in error, so that I will have the use of the money during the time it takes you to complete your investigation. However, if the notice of error involves a transfer to or from an account within thirty (30) days after the first deposit to the account was made, you may have up to twenty (20) days to determine if an error occurred and you will credit such an account within twenty (20) days if more time is needed to complete your investigation. If you ask me to put my complaint or question in writing and you do not receive it within ten (10) business days, you may not credit my account. In accordance with VISA Operating Rules and Regulations, I will receive provisional credit for VISA Check Card losses for unauthorized use within five (5) business days after I have notified you of the loss. For an electronic fund transfer resulting from a Point of Sale debit card transaction, initiated outside of the United States or occurring within thirty (30) days after the first deposit was made to the account, you may take up to ninety (90) days rather than forty five (45) calendar days to complete your investigation. For new accounts, you may take up to twenty (20) business days to credit my account for the amount I think is in error. You will tell me the results within three (3) business days after completing your investigation. If you decide that there was no error, you will send me a written explanation. I may ask for copies of the documents that you used in your investigation.
Your Liability for Failure to Make or Complete Electronic Funds Transactions. If you do not properly complete an electronic funds transaction to my account on time or in the correct amount according to your agreement with me, you may be liable for my losses and damages. However, there are some exceptions. You will not be liable, for instance, if:
(1) Circumstances beyond your control (such as fire, flood, earthquake, electronic failure or malfunction of central data processing facility, etc.) prevent the transaction, despite reasonable precautions;
(2) Through no fault of yours, I do not have enough money in my account (or sufficient collected funds) to make a transaction;
(3) The funds in my account are subject to an uncollected funds hold, legal process or other circumstances restricting such transaction or payment;
(4) You have received incorrect or incomplete information from me or from third parties (e.g. the U. S. Treasury, an automated clearing house, or a terminal owner);
(5) The ATM, Tellerfone-24, Pacific Xpress or other electronic services system contemplated hereunder was not working properly and I knew about this breakdown when I started the transaction;
(6) The ATM where I was making the transaction did not have enough cash, or cash in the denominations I requested;
(7) My ATM Card or VISA Check Card has been reported lost or stolen, has expired, is damaged so that the terminal cannot read the encoding strip, is inactive due to non-use, is retained by you at my request, or because my Tellerfone-24/ PacificXpress Password, ATM Card, or VISA Check Card PIN has been repeatedly entered incorrectly;
(8) The transaction would exceed my Line of Credit limit;
(9) Your failure to complete the transaction is done to protect the security of my account and/or the electronic terminal system;
(10) There may be other exceptions.
Charges for Electronic Funds Transaction Services. All charges associated with my electronic funds transactions and Cards are disclosed in your Schedule of Fees and Charges, which accompanies this Disclosure and Agreement. A stop payment placed on a preauthorized electronic payment is subject to a fee as disclosed in your Schedule of Fees and Charges, for each stop payment order I give. There is a charge assessed if I overdraw my Checking Account by the use of an ATM or a VISA Check Card. If I request a copy of the documentation relative to an ATM transaction (except if the documentation is for resolution of a billing error), a fee equal to your reasonable cost of reproduction will be charged. Any fees charged will be deducted from my Checking or Share Account.
Change in Terms. You may change the terms and charges for the services indicated in this Electronic Services Disclosure and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. If I have an account with you through which electronic transactions are being processed, I will receive written notice at least twenty-one (21) days prior to the effective date of the change(s), or as otherwise provided by law.
Disclosure of Delayed Funds Availability. You may place a hold for uncollected funds on an item I deposit. This could delay my ability to withdraw such funds. For further details, see your “Disclosure of Funds Availability Policy” or contact a Credit Union officer.
Termination of Electronic Funds Transaction Services. I may, by written request, terminate any of the electronic services provided for in this Disclosure and Agreement. You may terminate my right to make electronic funds transactions at any time upon written notice. If I ask you to terminate my account or the use of an ATM Card, VISA Check Card or any other access device, I will remain liable for subsequent authorized transactions performed on my account.
Relationship to Other Disclosures. The information in these Disclosures applies only to the electronic service transactions described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the account involved.
Governing Law. I understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the State of California, notwithstanding any conflict-of laws doctrines of such state or other jurisdiction to the contrary. I also agree to submit to the personal jurisdiction of the courts of the State of California.
Copy Received. I acknowledge receipt of a copy of this Disclosure and Agreement.
ADDITIONAL DISCLOSURES APPLICABLE TO PREAUTHORIZED DEPOSIT OF NET PAYCHECK, PAYROLL DEDUCTIONS, PENSION CHECKS AND FEDERAL RECURRING PAYMENTS
If I have arranged to have preauthorized electronic deposits of my net paycheck (if available from my employer), payroll deductions, pension checks or Federal Recurring Payments (for example, Social Security payments), the following applies to me.
Account Access. Preauthorized deposits may be made to my Savings Account(s).
Notification of Preauthorized Deposits. If I have arranged with a third party (for example, the Social Security Administration) to make preauthorized deposits to my account at least once every sixty (60) days, that third party making preauthorized deposits may have agreed to notify me every time the party sends you money to deposit to my account. If I have not made such an arrangement, I may telephone you at (714) 526-2328 and you will advise me whether or not the preauthorized deposit has been made.
Documentation of Preauthorized Deposits. Generally, I will receive a monthly account statement for each month in which a preauthorized deposit is made, but at least quarterly if no preauthorized deposits are made. However, if the only electronic fund transaction service I have with you is preauthorized deposits, then you reserve the right to send me a quarterly statement only.
ADDITIONAL DISCLOSURES APPLICABLE TO PREAUTHORIZED PAYMENT SERVICES
If I have requested a preauthorized payment to a third party from my Credit Union Checking Account, the following applies to me.
Account Access. Preauthorized payments may be made from my Checking Account only.
Right to Receive Documentation of Preauthorized Payment.
Initial Authorization. I can get copies of the preauthorized payment documentation from the third party being paid at the time I give them the initial authorization.
Notice of Varying Amounts. If my preauthorized payment may vary in amount, the party who will receive the payment is required to tell me ten (10) days before such payment when it will be made and how much it will be. I may agree with the person being paid to receive this notice only when the payment will differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that I set.
Periodic Statement. I will receive a monthly account statement for each month in which a transfer is made, but at least a quarterly statement if no transfers are made.
Right to Stop Preauthorized Payment. If I want to stop any of the preauthorized payments or revoke a preauthorized payment authorization, I must call you at: (714) 526- 2328 or (800) 656-2328, or write you at 401 E. Imperial Highway, Fullerton, CA 92835- 1199 in time for you to receive my stop request no less than three (3) business days or more before the next payment is scheduled to be made. If I call, you may also require me to put my request in writing and get it to you within fourteen (14) days after I call. An oral request ceases to be binding after fourteen (14) days if I have not provided you with my required written confirmation of my request. You will charge me for each stop payment or revocation request I give pursuant to your current Schedule of Fees and Charges. If I have given you a request to revoke this entire preauthorized payment authorization, I understand and agree that I must also promptly contact the third party to cancel (revoke) the entire preauthorized payment authorization and provide you with a copy of my written revocation notice to the third party.
Your Liability for Failure to Stop Payment. If I order you to stop one of my preauthorized payments no less than three (3) business days or more before the transfer is scheduled, and you do not do so, you will be liable for my losses or damages, to the extent provided by law.
Liability for Unauthorized Electronic Payments. I may be liable for unauthorized transfers made from my account by a third party. If I believe such transfer has occurred, I must follow the procedures outlined in the “General Disclosures Applicable to All Electronic Services” section for resolving errors. Please also refer to the section entitled “Additional Disclosures Applicable to ATM Electronic Funds Transactions, Point of Sale Transactions, Tellerfone-24 Telephone Banking Transactions and Pacific Xpress Online Internet Banking.”
Electronic Check Conversions. You may authorize a merchant or other payee to make a onetime electronic payment from your checking account using information from your check to: • Pay for purchases; or • Pay bills.
ADDITIONAL DISCLOSURES APPLICABLE TO TELLERFONE-24 ELECTRONIC TELEPHONE BANKING TRANSACTIONS
Tellerfone-24 is a telephone banking which will allow me to perform monetary transactions and account balance inquiries without assistance from your staff. I will actually “talk” directly with your computer. Before I can use Tellerfone-24 I will select my own Tellerfone24 Password.
Types of Available Transactions. I may use my identification number (Tellerfone-24 Password) to:
(1) Make transfers between my accounts.
(2) Check the balance in any of my accounts.
(3) Inquire to see if my checks have cleared.
(4) Ask for balances or pay out amounts on my loan accounts (same day only).
(5) Inquire about loan payment due dates and payment amounts.
(6) Request checks from my account made payable to me.
(7) Make loan payments from my Regular Savings or Checking Accounts.
(8) Request an advance from my Home Equity Line-of-Credit loan account. (At my option, funds will be transferred to either my Regular Savings or Checking Account or a check, made payable to me, will be sent to my address on record.)
(9) Change my Tellerfone-24 Password. (10) You may offer additional services in the future and, if so, I will be notified of them.
NOTE: All Credit Union checks drawn on savings accounts will be mailed to the primary member at the address specified in our records for the particular account. Withdrawals and transfers affecting a savings account are subject to the terms and conditions of the applicable account as disclosed in the Credit Union’s Account Agreement and Truth-inSavings Federal Disclosure for that account. Loan payments and advances are subject to the terms and conditions of the Agreement and Federal Disclosure Statement for that account.
Limitations on Frequency and Dollar Amount of Transactions:
(1) Account withdrawals to me through Tellerfone-24 are unlimited, up to a maximum of $10,000.00, to the extent I have clear funds available in my account.
(2) For security reasons, in the event my Tellerfone-24 Password is lost or stolen, there may be limits on the dollar amount I can access on the Tellerfone-24 system.
(3) For security reasons, in the event my Tellerfone-24 Password is lost or stolen, after I notify you, access to Tellerfone-24 may be denied.
Tellerfone-24/Pacific Xpress Password. I understand that I cannot use Tellerfone-24 without an identification number, which you refer to as a Tellerfone-24 Password, and that I will select my own Tellerfone-24 Password the first time I use the Tellerfone-24. At my option I may change my Tellerfone-24 Password at any time. For security reasons, you suggest that I change my Tellerfone-24 Password from time to time. I am responsible for the safekeeping of my Tellerfone-24 Password and for all transactions made by use of Tellerfone-24. I understand and agree that I must change my Tellerfone-24 Password immediately to prevent transactions on my account if anyone not authorized by me has access to my Tellerfone-24 Password. I will notify you immediately and send written confirmation if my Tellerfone-24 Password is disclosed to anyone other than the joint owner of my account.
IF I DISCLOSE MY TELLERFONE- 24 PASSWORD TO ANYONE, I UNDERSTAND AND AGREE THAT I HAVE GIVEN THEM ACCESS TO MY ACCOUNT VIA TELLERFONE-24 AND THAT I AM RESPONSIBLE FOR ANY SUCH TRANSACTIONS. I further understand and agree that my Tellerfone-24 Password is not transferable and I will not disclose the Tellerfone-24 Password or permit any unauthorized use thereof.