ELECTRONIC FUND TRANSFERS AGREEMENT AND DISCLOSURE
This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the electronic fund transfers (EFT) services offered to you by Selfreliance Ukrainian American Federal Credit Union (SUAFCU). In this Agreement, the words “you,” “your,” and “yours” mean those who sign the application as applicants, joint owners, or any authorized users. The words “we,” “us,” and “our” mean SUAFCU. The word “account” means any one (1) or more share accounts you have with SUAFCU. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By applying for EFT services, signing your card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered.
EFT SERVICES offered by SUAFCU
ATM and Debit Card Program. . If approved, you may use your card and personal identification number (PIN) in automated teller machines (ATMs), as well as use your card and your signature at participating merchants. Transactions are processed through the VISA Network. For ATM and one-time debit transactions, you must consent to SUAFCU’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, SUAFCU may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document SUAFCU uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges.
At the present time, you may use your card to:
- Make deposits to your share draft (checking) account, and withdraw funds from your checking account.
- Get information about the account balance of your share draft account(s) if the service is available at the ATM location.
- For Point of Sale (POS) transactions, purchase goods and services from participating merchants.
- You may withdraw no more than $500.000 per one (1) day.
- You may purchase up to $2,000.00 of Point Of Sale (POS) transactions in any one (1) day.
Some of these services may not be available at all terminals. Because of the servicing schedule and processing time required in ATM operations, there may be a delay between the time a deposit (either cash or check) is made and when it will be available for withdrawal. When you use an ATM not owned by us, the ATM operator may charge you a fee.
You agree that you are not engaged in unlawful Internet gambling or any other illegal activity under applicable federal, state, or local law. You agree that you will not use may not use your any of your accounts, access devices or services for unlawful Internet gambling or other illegal activities. We may terminate your account relationship if you engage in unlawful Internet gambling or other illegal activities.
If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. Funds to cover your card purchases will be deducted from your checking account. For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, SUAFCU may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts, or loan accounts that you have established with SUAFCU. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to SUAFCU. In the event of repeated overdrafts, SUAFCU may terminate all services under this Agreement.Preauthorized EFTs.
- Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department or (iii) other financial institutions, SUAFCU will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your savings (share) or checking account.
- Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your checking account.
- Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money you owe others, you may stop payment on preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within 14 days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding 14 days after it has been made. A stop payment request for preauthorized Electronic Fund Transfers will apply to all subsequent transfers, unless you withdraw the request.
- 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.
- 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.
Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check, you may authorize your check to be converted to an electronic fund transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.
Online Banking and Bill Payment. If we approve Online Banking for your accounts, you must Agree to SUAFCU’s DirectConnect and BillPay Terms and Conditions. For further information regarding SUAFCU’s online banking and Bill Payment, go to www.selfreliance.com.
TRANSFER LIMITATIONS —
For all savings and market share accounts, you may make no more than six (6) transfers and withdrawals from your account to another account of yours or to a third party in any month by means of a preauthorized, automatic, or Internet transfer, by telephonic order or instruction, or by check, draft, debit card or similar order. If you exceed these limitations, your account may be subject to a fee as stated in our Schedule of Fees and Charges, or be closed.
CONDITIONS OF EFT SERVICES —
a. 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.
b. Honoring the Card. Neither we nor merchants authorized to honor the card will be responsible for the failure or refusal to honor the card or any other device. 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.
c. Foreign Transactions-Visa. Purchases and cash advances made in foreign countries and foreign currencies will be converted into U.S. Dollars in accordance with the operating rules for international transactions established by VISA USA, Inc. and may occur on a date other than the date of the transaction; therefore, the currency conversion rate may be different than the rate in effect at the time of the transaction. The converted dollar amount will be deducted from your checking account. The exchange rate for transactions in a foreign currency will be a rate selected by VISA from a 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 1% International Transaction Fee (ITF). The converted transaction amount will be shown separately from the 1% ITF on your billing statement. The 1% fee is assessed only on international transactions when a currency conversion occurs. VISA will also impose a 0.8% on foreign transactions where a currency conversion is not performed.
d. Security of Access Code. The access codes issued to you are for your security purposes. Any access 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. If you fail to maintain the security of these access codes and SUAFCU suffers a loss, we may terminate your EFT services immediately.
e. 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 or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may, and is hereby authorized by every other joint account owner, make any transaction permitted under this Agreement. Each joint account owner is authorized to act for the other account owners, and SUAFCU may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.
FEES AND CHARGES —
There are certain fees and charges for EFT services. From time to time, the charges may be changed. We will notify you as required by applicable law.
If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.
MEMBER LIABILITY —
You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.
TELL US AT ONCE if you believe your card or access code has been lost or stolen, if you believe someone has used your card or access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line-of-credit). If a transaction was made with your card or card number without your permission and was a Visa transaction, you will have no liability for the transaction, unless you were grossly negligent in the handling of your account or card or access code. For all other EFT transactions, including ATM transactions or if you were grossly negligent in the handling of your account or card or access code, your liability for an unauthorized transaction is determined as follows.
If you tell us within two (2) business days you can lose no more than $50.00 if someone used your card or access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or access code and we can prove we could have stopped someone from using your card or access code without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make including those made by card, access code or other means, 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 lost after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your card or access code has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:
or write to:
2332 W, Chicago Ave.
Chicago, IL 60622
ATTN: Bookkeeping Department
RIGHT TO RECEIVE DOCUMENTATION —
a. Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, debit card transactions, preauthorized EFTs, online/PC transactions, mobile access device transactions or bill payments you make will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month.
ACCOUNT INFORMATION DISCLOSURE —
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers;
- To verify the existence and condition of your account for a third party, such as a credit bureau or merchant;
- To comply with government agency or court orders; or
- If you give us your written permission.
BUSINESS DAYS —
Our business days are Tuesday through Saturday, excluding holidays.
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:
- 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 pursuant to our Funds Availability Policy Disclosure, 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 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 transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
- If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by SUAFCU. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.
- Any other exceptions as established by SUAFCU.
All notices from us will be effective when we have mailed them or delivered them to the appropriate address in SUAFCU’s records. Notices from you will be effective when received by SUAFCU 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 21 days before the effective date of any change. Use of this service is subject to existing regulations governing SUAFCU accounts and any future changes to those regulations.
The following information is a list of safety precautions regarding the use of ATMs and night deposit facilities:
- Be aware of your surroundings, particularly at night.
- Consider having someone accompany you when the ATM or night deposit facility is used after dark.
- Close the entry door of any ATM facility equipped with a door.
- 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. If it is after the regular hours of the financial institution and you are using an ATM, do not permit entrance to any person you do not know.
- Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. 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 ATM or night deposit facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your card or deposit envelope, and leave.
- If you are followed after making a transaction, go to the nearest public area where people are located.
- Do not write your personal identification number (PIN) or access code on your ATM card.
- Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police immediately.
BILLING ERRORS —
In Case of Errors or Questions About Your Electronic Transfers Telephone us at (888) 222-UKR1 or write to us at:
2332 W, Chicago Ave.
Chicago, IL 60622
ATTN: Bookkeeping Department
as soon as you can, if you think your statement or 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 60 days after we sent the FIRST statement on which the problem or error appeared.
- (1) Tell us your name and account number (if any).
- (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.
- (3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 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, 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.
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.
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 SUAFCU. 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 SUAFCU terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.
GOVERNING LAW —
This Agreement is governed by the bylaws of SUAFCU, federal laws and regulations, the laws and regulations of the state of Illinois, 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 SUAFCU is located.
You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post judgment collection actions.
INTERNATIONAL REMITTANCE TRANSFERSOctober 28, 2013
Selfreliance Ukrainian American Federal Credit Union (SUAFCU) provides international remittance transfers (IRT) as a service to its members. The purpose of this policy is to ensure that IRTs meet the regulatory requirements of Regulation E and the rules published by the Consumer Financial Protection Bureau (CFPB).
INTERNATIONAL REMITTANCE TRANSFERS.
International Remittance Transfers (IRT) are electronic transfers of funds that are more than $15 requested by consumers in the United States, and sent to people or companies in foreign countries. SUAFCU will only comply with the International Remittance Transfer (IRT) requirements if SUAFCU provided 100 or more IRTs (including wires and all other electronic transactions) in the previous calendar year, and has provided 100 or more remittance transfers in the current calendar year. SUAFCU will monitor IRT transactions to ensure they comply with Regulation E requirements in the event they are exempt from the rule and perform IRTs that would qualify them for compliance with the regulation.
SUAFCU will provide appropriate disclosures to members who send IRTs:
- 1. Pre-Payment Disclosure. The pre-payment disclosure will be given to the member before he or she pays for the remittance transfer. This disclosure will list the amount of money to be transferred, the exchange rate, certain fees including those collected by the provider, taxes collected by the provider (if any), and the amount of money expected to be delivered abroad, not including certain recipient institution fees or foreign taxes.
- 2. Receipt. SUAFCU will provide a receipt when payment is made. The receipt will repeat the information in the pre-payment disclosure. The receipt must also disclose to the member the transfer date, date when the money will arrive, name of the recipient, error resolution/cancellation rights, credit union contact information, regulator contact information, and CFPB contact information. (If the pre-payment disclosure is inaccurate, a corrected disclosure must be provided.)
- 3. Combined Disclosure. SUAFCU may provide members with a combined disclosure. The combined disclosure will be provided when the member requests the transfer, but before the member pays for the transfer. If SUAFCU provides a combined disclosure, the member must also be given proof of payment when payment is made which will be clear and conspicuous, retainable, and may be provided in writing or electronically.
- 4. Language. SUAFCU advertises and markets remittance transfer services in English, therefore, disclosures must always be made in English.
SUAFCU may disclose estimated amounts until July 21, 2015 if the exact amounts cannot be determined; SUAFCU is an insured institution; and the IRT is sent from the member's account with SUAFCU.
Estimates may be provided for transfers to certain countries if SUAFCU cannot determine the exact amounts when the disclosure is required and the country where the transfer will be received is on the list of safe harbor countries published by the CFPB.
Estimates for IRTs scheduled before the date of transfer may be disclosed if the remittance transfer is scheduled by a member five or more business days before the date of the transfer and meets the requirements outlined in this policy under Preauthorized IRTs. In addition, if, at the time the member schedules such a transfer, SUAFCU agrees to a member's request to fix the amount to be transferred in the currency in which the remittance transfer will be received and not the currency in which it is funded.
Estimates are allowed of the applicable exchange rate, transfer amount in the designated recipient’s currency, other back-end fees (i.e., covered third-party fees) and the total to the recipient. Other information, such as the transfer amount in the sender’s currency, front-end fees and taxes (if applicable), and total amount of the transaction, must always be the exact amounts.
Except for transfers scheduled before the date of transfer, SUAFCU will allow a member to cancel an IRT for up to 30 minutes after he or she pays for the transaction, as long as the funds have not yet been picked up or deposited and the sender provides specified recipient contact information and enough information for you to identify the transaction.
PREAUTHORIZED INTERNATIONAL REMITTANCE TRANSFERS.
- For a one-time transfer scheduled five or more business days before the date of transfer or for the first in a series of preauthorized IRTs, SUAFCU will provide the prepayment disclosure and receipt disclosure when the member requests the transfer, but before the member pays for the transfer.
- If the disclosure(s) is provided and payment is not processed by SUAFCU at the time the IRT is scheduled, SUAFCU will provide confirmation that the transaction has been scheduled in lieu of the proof of payment. The confirmation of scheduling must be clear and conspicuous, provided in writing or electronically, and provided in a retainable form.
- If any of the disclosures provided contain estimates, SUAFCU will mail or deliver to the member an additional receipt meeting the requirements described in §1005.31(d) no later than one business day after the date of the transfer.
- If the transfer involves the transfer of funds from the member's account at SUAFCU, the receipt required may be provided on or with the next periodic statement for that account, or within 30 days after the date of the transfer if a periodic statement is not provided (savings accounts only).
An error for IRTs includes:
- An incorrect amount paid by a member in connection with the remittance transfer, such as being charged more than the total shown on the receipt.
- A computational or bookkeeping error made by SUAFCU relating to the remittance transfer, such as miscalculating the amount the recipient will receive.
- Failure to make available to a designated recipient the amount of currency disclosed to the member, unless:
- The disclosure stated an estimate and the difference results from application of the actual exchange rate, fees, and taxes, rather than any estimated amounts,
- The failure resulted from extraordinary circumstances outside the provider’s control that could not have been reasonably anticipated; or
- The difference results from the application of non-covered third-party fees or taxes collected on the remittance transfer by a person other than the provider and the provider provided the required disclosure.
- Failure to make funds available by the disclosed date of availability (including the non-delivery of funds), unless the failure resulted from:
- The extraordinary circumstances noted above;
- Delays due to fraud screenings or BSA, OFAC, or similar laws;
- The transfer being made with fraudulent intent by the sender or any person acting in concert with the sender (e.g., ”friendly fraud”); or
- The sender having provided an incorrect account number or recipient institution identifier.
The Sender must notify SUAFCU about an error no later than 180 days after the disclosed date of availability of the transfer stating the sender’s name and contact information, the recipient’s name, and the remittance transfer at issue and indicate why the sender believes an error exists.
If SUAFCU receives notice of an error, a prompt investigation must be made. SUAFCU must determine whether an error occurred within 90 days of receiving the notice of error.
Within 3 business days of completing the investigation, SUAFCU must report the results to the member, including notice of any available remedies.
- If an error occurred, SUAFCU can report the results orally or in writing.
- If no error has occurred, SUAFCU must give the member a written explanation of the results of the investigation, and notify the member that they have the right to request any documentation the credit union relied upon in making the determination. SUAFCU must also provide a written explanation if it is determined that an error occurred but the error is of a different type or a different amount than the error that the sender reported.
In the event that an error was made by SUAFCU, the following regulatory required remedies will be provided:
- If an error occurs for reasons other than a mistake made by the member, the member has two options: refund or redelivery. The refund would be made in the amount of funds that was not properly transmitted or delivered to the designated recipient. Alternatively, the member can require redelivery of the amount appropriate to resolve the error at no additional cost to the member.
- If the funds were not available by the date of availability and the funds have not been picked up yet, the member can choose to receive a refund or request redelivery of the amount appropriate to resolve the error. These funds must be redelivered without additional cost to the member.
- Regardless of whether the refund or redelivery remedy is chosen by the member, SUAFCU must also refund any fees and taxes imposed on the initial transfer. This refund remedy also applies if all the funds have been picked up, but were not ready by the disclosed date of availability. This refund includes covered third-party fees and taxes charged by someone other than the remittance transfer provider (unless a tax refund is prohibited by law).
- SUAFCU must correct an error within one business day of receiving the member’s choice of remedy, or as soon as reasonably practical.
- In situations where a member provided an incorrect account number or recipient institution identifier (such as a routing number or Business Identifier Code), SUAFCU may not be required to refund or resend the transfer amount if the following conditions are met:
- SUAFCU can demonstrate that the member provided an incorrect number;
- With respect to recipient institution identifiers, SUAFCU used reasonable means to verify the member provided the correct identifier;
- SUAFCU provided notice to the member that the transfer amount could be lost;
- The funds were deposited into the wrong account; and
- SUAFCU used prompt and reasonable efforts to retrieve the funds.