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Membership and Account Agreement
Gulf Coast Educators Federal Credit Union
Table of Contents
I. General Account Information
1. Membership Eligibility
2. Individual Accounts
3. Joint Accounts
4. POD/Trust Accounts
5. Accounts for Minors
6. Uniform Transfer/ Gifts to Minors Account
7. Convenience Account
8. Deposit of Funds Requirements
9. Funds Availability
10. Account Access
11. Account Rates & Fees
12. Transaction Limitations
13. Time Accounts
14. Overdrafts
15. Advantage Courtesy Pay Disclosure
16. Postdated and Staledated Drafts
17. Stop Payment Orders
II. Legal & Liabilities
18. Credit Union Liability
19. Member Liability
20. Credit Union Lien and Security Interest
21. Legal Process
22. Account Information
23. Notices
24. TIN and Backup Withholding
25. Statements
26. Inactive Accounts
27. Special Account Instructions
28. Termination of Account
29. Termination of Membership
30. Death of Account Owner
31. Severability
32. Enforcement
33. Governing Law
III. Electronic & Plastic Services
34. EDIE/Voice Response
35. ATM Card
36. Electronic Funds Transfers
37. Preauthorized Transfers
38. Internet Account Access
39. VISA Check Card
40. Advantage Checking
41. Privacy Notice
Membership And Account Agreement This Agreement covers your and our rights and
responsibilities concerning Account(s) offered to you by the Credit Union
(Credit Union). In this Agreement the words "you" and "yours" means anyone who
signs an Account Card or Account Change Card (Account Card). The words "we",
"us", and "our" mean the Credit Union. The word "account" means any one or more
share or other accounts you have with the Credit Union. The classification and
form of ownership of your account is set forth on your Account Card. By signing
an Account Card, each of you, jointly and severally, agree to terms and
conditions in this Agreement and Account Card, Funds Availability Policy
Disclosure, the Truth in Savings Rate and Fee Schedule (Rate and Fee Schedule),
and any Account Receipt, accompanying this Agreement, and the Credit Union's
Bylaws and policies, and any amendments of these documents from time to time
which collectively govern your Membership and Accounts.
I. General Account Information
1. Membership Eligibility. To be eligible for membership in the Credit Union you
must be an individual or entity qualifying within the Credit Union's field of
membership and must meet any other membership criteria set forth in the Credit
Union's Bylaws or established from time to time by the Credit Union's Board of
Directors. You authorize us to check your account, credit and employment
history, and obtain a credit report from third parties, including credit
reporting agencies, to verify your eligibility for the accounts and services you
request.
2. Individual Accounts. An individual account is an account owned by one member
including any individual, corporation, partnership, trust or other organization
qualified for credit union membership. If the account is a single party account
the interest of a deceased individual owner will pass, subject to applicable
law, to the descendant's estate or Payable on Death (POD) beneficiary, subject
to other provisions of this Agreement, governing our protection for honoring
transfer and withdrawal requests of an owner's or owner's agent prior to notice
of an owner's death.
3. Joint Accounts. An account owned by two or more persons is a joint account.
a. Rights of Survivorship. For a joint account with rights of survivorship, upon
the death of one party, all sums in the account on the date of death vest in and
belong to the surviving party as his or her separate property and estate. For a
multiple party account without rights of survivorship, the interest of a
deceased owner will pass to the descendant's estate. Unless otherwise stated on
the account card, a multiple party account is an account with rights of
survivorship, and the interest of a deceased owner will pass to the surviving
owners.
b. Control of Joint Account Owners. Any joint account owner is authorized and
deemed to act for the other owner(s) and the Credit Union may accept orders and
instructions regarding the account, requests for future services, and any
transaction from any other account owner. Each joint account owner guarantees
the signature of the other owners. Any account owner may withdraw funds in the
account, stop payment on items drawn on the account, transfer, or pledge to the
Credit Union all or any part of the shares of any account without the consent of
the other account owner(s) and the Credit Union shall have no duty in such event
to notify any other account owner(s). The Credit Union reserves the right at any
time to require written consent of all account owners for a change of ownership
or termination of a multiple party account. However, subject to a policy adopted
by the Credit Union's Board of Directors, a member by written notice to the
Credit Union may change or cancel a designation, change the form of the account,
or stop or vary payment under the terms of the account. If the Credit Union
receives written notice of a dispute between account owners or receives
inconsistent instructions from them, the Credit Union may suspend or terminate
the account, require a Court order to act or require that all account owners
agree in writing to any transaction to the account.
c. Joint Account Owner Liability. If any item deposited in a joint account is
returned unpaid, an account is overdrawn, or if we do not receive final payment
on any transaction, each of the joint account owners is jointly and severally
liable to the Credit Union for the amount of the returned item, overdraft, or
unpaid amount and any charges, regardless of who created the overdraft,
deposited or cashed the item or benefited from the transaction. If any account
owner is indebted to the Credit Union, the Credit Union may enforce its rights
against any or all funds in the joint account regardless of who contributed the
funds to the account.
4. POD/Trust Accounts. A Payable on Death account or trust account designation
is an instruction to the Credit Union that an account so designated is payable
to the owner or owners during their lifetimes, and upon the death of the last
account owner, payable to any named and surviving POD or trust beneficiary are
owned jointly by such beneficiaries without rights of survivorship. Any POD or
trust beneficiary designation shall not apply to Individual Retirement Accounts
(IRAs), which shall be governed by a separate beneficiary designation. The
Credit Union shall at no time have any obligation whatsoever to notify any
beneficiary of the existence of any account or the vesting of the beneficiary's
interest in any account, except as otherwise provided by law.
5. Accounts for minors. For any account established by a minor, the Credit Union
reserves the right to require the minor account to be a joint account with an
owner who has reached the age of majority under state law who shall be jointly
and severally liable to the Credit Union for any returned item, overdraft, or
unpaid charges or amounts on such account. The Credit Union may make payments of
funds directly to the minor without regard to his or her minority. Unless a
guardian or parent is an account owner, the guardian or parent shall not have
any right to access the account. The Credit Union has no duty to inquire of the
use or purpose of any transaction by the minor or any account owner. The Credit
Union shall not change the account status when the minor reaches the age of
majority, unless authorized in writing by all account owners.
6. Uniform Transfers/Gifts to minors account. A Uniform transfers/ Gifts to
Minors Account (UTTMA/UGMA) is an individual account established when a
custodian deposits funds as an irrevocable gift to a minor. The minor to whom
the gift is made is the owner and the beneficiary of the account. The custodian
has possession and control of the account for the exclusive right and benefit of
the minor, and barring a court order otherwise, is the only party entitled to
make deposits to, withdrawals from, or close the account.
The Credit Union has no duty to inquire of the use or purpose of any transaction
by the custodian. In the event of the custodian's death, the Credit Union may
place an administrative hold on the account, until it receives instructions from
any person authorized by law to withdraw funds or a court order authorizing such
withdrawal.
7. Convenience Account. A convenience account is an instruction to the Credit
Union that the account owner has authorized another person (Convenience Person)
to make transactions as agent for the account owner regarding the accounts
designated. A Convenience Person has no ownership interest in the account or
Credit Union voting rights. The Credit Union has no duty to inquire of the use
or purpose of any transaction by the Convenience Person.
8. Deposit of Funds Requirements. Funds may be deposited to any account, in any
manner approved by the Credit Union in accordance with requirements set forth on
the Rate and Fee Schedule.
a. Endorsements. You authorize the Credit Union, in its discretion, to accept
transfers, checks, drafts, and other items for deposit into any of your accounts
if they are made payable to, or to the order of, any one or more owners on the
account, whether or not they are endorsed by all payees. You authorize the
Credit Union to supply missing endorsements of any owners if the Credit Union
chooses to supply such endorsements. If an insurance, government, or other check
or draft requires an endorsement as set forth on the back of the check or draft,
the Credit Union may require endorsement as set forth on the item. Endorsements
must be placed in the space on the back of the share draft or check between the
top edge and 1.5 inches from the top edge. The Credit Union may accept drafts or
checks with endorsements outside this space. However, if any such endorsement or
any other markings you or any prior endorser has made on the draft or check
cause any delay or error in processing the item for payment, you will be
responsible for any loss incurred by the Credit Union due to the delay or error.
b. Collection of Items. The Credit Union shall not be responsible for deposits
made by mail or at an unstaffed facility until the Credit Union actually
receives them. In handling items for deposit or collection, the Credit Union
only acts as your agent and assumes no responsibility beyond the exercise of
ordinary care. The Credit Union will not be liable for the negligence of any
correspondent or for loss in transit, and each correspondent will be liable for
its own negligence. The Credit Union reserves the right to send any item for
collection.
c. Final Payment. All items or ACH (Automated Clearing House) transfers credited
to your account are provisional and subject to our receipt of final payment. If
final payment is not received, we reserve the right to charge your account for
the amount of such items or ACH transfers or both and impose a return item
charge on your account. If the Credit Union incurs any fee to collect any item,
the Credit Union may charge such fee to your account. The Credit Union reserves
the right to refuse or to return all or any item or funds transfer. The Credit
Union shall have the right to charge back against your account all previously
deposited items or other items endorsed by you that are returned to the Credit
Union unpaid, regardless of whether the amount of the item has been available
for your use. d. Direct Deposits. The Credit Union may offer direct deposit
options allowing you to preauthorize deposits (i.e. payroll checks, Social
Security or retirement checks, or other government checks) or preauthorize
transfers from other accounts at the Credit Union. You must authorize any direct
deposits to your account by a separate authorization form. If applicable, you
must notify the Credit Union at least thirty (30) days prior to any direct
deposit or preauthorized transfer if you wish to cancel or change the direct
deposit or direct transfer option. Upon filing bankruptcy, if you fail to cancel
any direct deposit authorization, you instruct your employer and the Credit
Union to make and apply direct deposits in accordance with your authorization on
file with the Credit Union. If the Credit Union is required to reimburse the
U.S. Government for any benefit payment directly deposited into your account for
any reason, you agree the Credit Union may deduct the amount returned from any
of your accounts, unless prohibited by law.
e. Crediting of Deposits. Deposits made after the deposit cutoff time and
deposits made on Credit Union holidays and on days that are not business days of
the Credit Union will be credited to your account on the next business day.
Deposits received at unstaffed facilities such as night depositories will be
credited on the day funds are removed and processed by the Credit Union. Items
drawn on an institution located outside the United States are handled on a
collective basis only. Amounts will be credited to your account when we receive
final payment. You waive any notice of nonpayment, dishonor, or protest
regarding any items purchased or received by Credit Union for credit to your
account or for collection.
9. Funds Availability.
Our policy is to delay the availability of funds from checks that you deposit in
your account. During the delay, you may not withdraw the funds in cash and
checks will not clear. Please remember that even after we have made funds
available to you, and you have withdrawn the funds, you are still responsible
for checks you deposit that are returned to us unpaid and for any other problems
involving your deposit.
DETERMINING THE AVAILABILITY OF A DEPOSIT. The length of the delay is counted in
business days from the day of your deposit. Every day is a business day except
Saturdays, Sundays, and federal holidays. If you make a deposit before 6:00pm
on a business day that we are open, we will consider that day to be the day of
your deposit. However, if you make a deposit after 6:00pm or on a day we are not
open, we will consider that the deposit was made on the next business day we are
open.
The length of the delay varies depending on the type of deposit and is explained
below:
SAME-DAY AVAILABILITY. Funds from electronic direct deposits to your account
will be available on the day we receive the deposit.
NEXT DAY
AVAILABILITY. Funds from the following deposits are available on the first
business day of your deposit:
U.S. Treasury checks that are payable to you.
Wire transfers
Checks drawn on Gulf Coast Educators Federal Credit Union.
If you make the deposit in person to one of our employees, funds from the
following deposits are also available on the first business day of your deposit:
-Cash
-State and Local government checks that are payable to you,
-Cashier's, certified, and teller’s checks that are payable to you.
-Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money
orders, if these items are payable to you.
If you do not make your deposit in person to one of our employees (for example,
if you mail the deposit), funds from these deposits will be available on the
second business day after the day of your deposit.
OTHER
CHECK DEPOSITS. The delay for other check deposits depends on whether the check
is a local or a nonlocal check. To see whether the check is a local or nonlocal
check, look at the routing number on the check:
If the first four digits of the routing number are:
1030 1031 1039 1110 1111 1113 1119 1120 1122 1123 1130 1131 1140 1149 1163 3030
3031 3039 3110 3111 3113 3119 3120 3122 3123 3130 3131 3140 3149 3163
then the check is a local check. Otherwise, the check is a nonlocal check. Our
policy is to make funds from these checks available as follows.
1) Local Checks. The first $100 from a deposit of local checks will be
available on the first business day after the day of your deposit for cash
withdrawal. The remainder generally will be available on the second business day
after the day of your deposit. For example, If you deposit a local check of $700
on a Monday, $100 of the deposit is available on Tuesday to withdraw in cash.
The remaining $600 is available on Wednesday for cash withdrawal. In some cases,
however, depending on the bank on which the check is drawn, special limitations
apply to withdrawals in cash. The first $100 will be available for cash
withdrawal on the first business day after the day of your deposit. All of the
remaining funds will be available for cash withdrawal on the third business day
after the day of your deposit. In these cases, for example, if you deposit a
local check of $700 on a Monday, $100 of the deposit is available on Tuesday to
withdraw in cash. You may withdraw the rest in cash on Thursday.
2) Nonlocal Checks. The first $100 from a deposit of nonlocal checks will
be available on the first business day after the day of your deposit for cash
withdrawal. The remainder will be available on the fifth business day after your
deposit. For example, if you deposit a nonlocal check on a Monday, $100 of the
deposit is available on Tuesday to withdraw in cash: The remaining funds from
the deposit are available on Monday of the following week for cash withdrawal.
If you deposit both categories of checks, $100 from the checks will be available
on the first business day after the day of your deposit, not $100 from each
category of check.
3) Local and Nonlocal Checks. If you deposit both categories of checks,
$100 from the checks will be available on the first business day after the day
of your deposit, not $100 from each category of check.
4) Certain other Checks. We can process nonlocal checks drawn on
financial institutions in certain areas faster than usual. Therefore, funds from
deposits of checks drawn on institutions in those areas will be available to you
more quickly. Call us if you would like a list of routing numbers for these
institutions. If we cash a check for you that is drawn on another bank, we may
withhold the availability of a corresponding amount of funds that are already in
your account. Those funds will be available at the time funds from the check we
cashed would have been available if you had deposited it. For example, if we
cashed a $100 local check for you, $100 of funds already in your account will
not be available until the second business day after the day we cashed the
check. If we accept for deposit a check that is drawn on another bank, we may
make funds from the deposit available for withdrawal immediately but delay your
availability to withdraw a corresponding amount of funds that you have in
another account with us. The funds in the other account would then not be
available for withdrawal until the time periods that are described elsewhere in
this disclosure for the type of check that you deposited.
LONGER DELAYS MAY APPLY. In some cases, we will not make all of the funds that
you deposit by check available to you on the first business day after the day of
your deposit. Depending on the type of check that you deposit, funds may not be
available until the fifth business day after the day of your deposit. The first
$100 of your deposit, however, may be available on the first business day. If
we are not going to make all of the funds available on the first business day,
we will notify you at the time you make your deposit. We will also tell you
when the funds will be available. If your deposit is not made directly to one
of our employees, or if we decide to take this action after you have left the
premises, we will mail you the notice by the day after we receive your deposit.
If you will need the funds from a deposit right away, you should ask us when the
funds will be available. In addition, funds you deposit by check may be delayed
for a longer period under the following circumstances:
-We
believe a check you deposit will not be paid.
-You deposit checks totaling more than $5,000 on any one day.
-You redeposit a check that has been returned unpaid.
-You have overdrawn your account repeatedly in the last six months.
-There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these
reasons, and we will tell you when the funds will be available.
They will generally be available no later than the eleventh business day after
the day of your deposit.
SPECIAL RULES FOR NEW ACCOUNTS. If you are a new customer, the following special
rules will apply during the first 30 days your account is open. Funds from
electronic direct deposits to your account will be available on the day we
receive the deposit. Funds from deposits of cash, wire transfers, and the first
$5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s,
and federal, state and local government checks will be available on the first
business day after the day of your deposit if the deposit meets certain
conditions. For example, the checks must be payable to you (and you may have to
use a special deposit slip). The excess over $5,000 will be available on the
ninth business day after the day of your deposit. If your deposit of these
checks (other than a U.S. Treasury check) is not made in person to one of our
employees, the first $5,000 will not be available until the second business day
after the day of your deposit. Funds from all other check deposits will be
available on the tenth business day after the day of your deposit.
DIVIDEND PAYMENT POLICY. Dividends are computed on the average daily balance.
Minimum balance required to earn a dividend is as follows:
Savings..........................$500.00
Checking.....................$2,500.00
IRA.................................$500.00
Any day the balance falls below the minimum required, no interest will be earned
for that day. Deposits are compounded and paid monthly.
10. Account Access.
a. Authorized Signature. In order to access any account, the Credit Union must
have an authorized signature of yours on an Account Card. The Credit Union is
authorized to recognize your signature, but will not be liable for refusing to
honor any item or instruction of yours if it believes in good faith that the
signature on such item or instruction is not genuine. If you authorized the use
of a facsimile signature, the Credit Union may honor any draft that appears to
bear your facsimile signature even if it was made by an unauthorized person. If
you give your account number to a third person, you authorize us to honor
transactions initiated by the third person even if you did not specifically
authorize a particular transaction.
b. Access Options. You may make withdrawals or transfers from your account in
any manner which is permitted by the Credit Union (i.e., check, draft, automated
teller machines (ATMs), in person, by mail, automatic transfer, or telephone as
applicable). If the Credit Union accepts any draft that is not drawn on a form
provided by the Credit Union, you will be responsible for any loss incurred by
the Credit Union for handling the draft. The Credit Union may return as unpaid
any draft that is not drawn on the form provided by the Credit Union. The Credit
Union has the right to review and approve any form of power of attorney and may
restrict any withdrawals or transfers on your accounts.
c. ACH & Wire Transfers. If provided by the Credit Union, you may initiate or
receive credits or debits to your account via wire transfer or ACH transfer. You
agree that if you receive funds by a wire or ACH transfer, the Credit Union is
not required to notify you at the time the funds are received. Instead, the
transfer will be shown on your periodic statement. The Credit Union may
provisionally credit your account for an ACH transfer before it receives final
settlement for the transfer. You agree that if the Credit Union does not receive
final settlement for an ACH transfer, we may reverse the provisional credit to
your account or you will refund the amount to the Credit Union. When you
initiate a wire transfer, you may identify either the recipient or any financial
institution by name and by account or identifying number. The Credit Union (and
other institutions) may rely on the account or other identifying number as the
proper identification, even if it identifies a different party or institution.
Wire transfers are governed by Federal Reserve Regulation J if the wire transfer
is cleared through the Federal Reserve. ACH transactions are governed by the
rules of the National Automated Clearing House Association.
d. Credit Union Examination. The Credit Union may disregard information on any
draft or check other than the signature of the drawer, amount of the item and
any magnetic encoded information. You agree the Credit Union does not fail to
exercise ordinary care in paying an item solely because its procedures do not
provide for sight examination of items.
11. Account Rates and Fees. The Credit Union's payment of earnings on your
account is subject to the account rates and fees, payment and balance
requirements as set forth in the Rate and Fee Schedule. The Credit Union may
charge you fees for accounts and services provided by the Credit Union. The fees
and charges that may be assessed against your account are set forth on the Rate
and Fee Schedule. You agree the Credit Union may change the Rate and Fee
Schedule at any time, and you will be notified of such changes as required by
law.
12. Transaction Limitations.
a. Withdrawal Restrictions. The Credit Union may permit a withdrawal only if you
have sufficient available funds in your account to cover the full amount of the
withdrawal or have an established overdraft protection plan. Drafts or other
transfer or payment orders which are drawn against insufficient funds will be
subject to a service charge, set forth in the Rate and Fee Schedule. If there
are sufficient funds to cover some but not all of your withdrawal orders, the
Credit Union may allow those withdrawals for which there are sufficient funds in
any order at the Credit Union's discretion.
The Credit Union may also refuse to allow a withdrawal in other cases; for
example: any dispute between the owners about the account (unless a court has
ordered the Credit Union to allow the withdrawal); a legal garnishment or
attachment is served; the account secures any obligation to the Credit Union;
any required documentation has not been presented; or you fail to repay a Credit
Union loan on time. The Credit Union reserves the right to require the members
to give notice in writing of any intended withdrawals from any account of not
less than seven (7) days and up to sixty (60) days in accordance with applicable
law before such withdrawal.
b. Transfer Limitations. For share savings and money market accounts, if
applicable, you may make up to six (6) preauthorized, automatic, telephonic, or
audio response transfers to another account of yours or to a third party during
the calendar month. Of these six, you may make no more than three (3) transfers
to a third party by check or debit card. A preauthorized transfer includes any
arrangement with the Credit Union to pay a third party from the member's account
upon oral or written orders including orders received through the automated
clearing house (ACH). There is no limit on the number of transactions you may
make in the following manner. (i) transfers to any loan account with the Credit
Union; or (ii) transfers to another Credit Union account of yours or withdrawals
when such transfer or withdrawal is initiated in person, by mail, or at an ATM.
If a transfer request would exceed the transfer limitations set forth above in
any statement period, the Credit Union may refuse or reverse the transfer, and
your account will be subject to suspension or closure by the Credit Union, and
the Credit Union may impose a charge.
13. Term Share Accounts. Any time deposit, term share, share certificate, or
certificate of deposit account allowed by state law (Time Account), whichever is
offered by the Credit Union, is subject to the terms of this agreement and the
specific terms and disclosures set forth on the Rate and Fee Schedule and
Account Deposit Receipt for each account which is incorporated herein by
reference.
14. Overdrafts
a. Overdraft Liability: If, on any day, the funds in your share draft account
are not sufficient to cover drafts, fees or other items posted to your account,
those amounts will be handled in accordance with our overdraft procedures or an
overdraft protection plan you have with us. Our determination of an insufficient
account balance may be made at any time between presentation of the item and the
review of the account required. We have no duty to notify you of an insufficient
funds draft. Your account will then be subject to a charge for the item, whether
paid or returned, as set forth in the Rate and Fee Schedule. Except as otherwise
agreed in writing, the Credit Union, by covering one or any overdraft, does not
agree to cover overdrafts in the future and may discontinue covering overdrafts
at any time without notice. In the event the Credit Union pays a draft or
imposes a fee that would otherwise overdraw your account, you agree to pay the
overdrawn amount immediately. We reserve the right to pursue collection of
previously dishonored items at any time.
b. Overdraft Protection Plan: If we have approved an overdraft protection plan
for you, we will honor drafts drawn on insufficient funds in your account by
transferring the necessary funds from another account under this agreement or a
loan account, as you have directed, or as required under the Credit Union’s
overdraft protection policy. The fee for overdraft transfers, if any, is set
forth on the Rate and Fee Schedule. Transfers from an account will be governed
by this Agreement. Transfers from a loan account will be governed by the
applicable loan agreement.
15. Courtesy Pay Disclosure
Courtesy Pay is a feature of the Advantage Checking account. You can choose to
have the Advantage checking account instead of the regular share draft account.
Advantage Checking Accounts may allow you to have share draft transactions paid
when you have insufficient funds in your share draft account and overdraft
account. Advantage Checking Account holders will be charged a fee per month for
the account. Billing will occur on the first day of each month. Members who
close their Advantage Checking Account within one month of the last check order
will be billed for those checks.
To open an Advantage Checking Account, members must have the following:
1. Overdraft from another account, i.e. Savings, or another member number;
2. No record of returned deposit checks.
Types of Transactions covered: Courtesy Pay fees may be charged on all the items
below.
1. Share draft clearings
2. Debit card clearings
3. ACH items
Advantage Checking Process:
1. Overdraft from a specified account may pay checks as presented; if there are
no funds available, the account may be
taken negative by the amount of the checks plus a courtesy pay fee for each paid
item, and the total amount may not exceed the $500.00 courtesy pay limit.
2. Failure to clear items: We are not obligated to pay any non-sufficient fund
items nor will any item or items be guaranteed for payment. Any discretionary
payment by the Credit Union of any non sufficient fund items 1) does not
obligate us to pay any additional or future non sufficient fund items and 2)
does not obligate us to provide prior notice of our decision to refuse to pay
any additional non sufficient fund items. We also have the right to discontinue
this program at any given time.
Advantage checking disclosures are provided to you at the time of opening the
account.
Transaction Clearing Process: Transactions may not be processed in the order in
which they occurred, and the order in which transactions are received and
processed can affect the total amount of overdrawn fees incurred. Usually, share
drafts are cleared in the order we receive them, except when your account is
already taken negative. Once your account is negative, share drafts are cleared
in the order of the smallest amount up to the largest amount. Depending on the
number of items you might have clearing in one day; you may be responsible for
multiple fees for each item trying to clear (NSF) or that did clear (Courtesy
Pay).
Daily Limits for Overdrawn NSF Fee: The daily maximum limit for fees for
Courtesy Pay and NSFs is a total of $300.00.
Opt-Out Option: At any time if you choose to “opt out” of our advantage checking
program please contact us. Please be advised that once this service is removed
that any payment presented with non sufficient funds will be charged as an NSF
per item.
NEGATIVE ACCOUNTS: If your account is negative, and a deposit is made, the
deposit must cover any negative amount first before any cash equivalent items or
cash is given back to you. All accounts must be returned to a positive balance
within 30 days of your account being negative. In the event your account is not
returned to a positive balance, your account may be closed as an overdrawn share
draft and reported to Telecheck.
Notification of Courtesy Pay Usage: You will be notified when you use your
courtesy pay funds if it causes your account to go into a negative status.
Notification of Negative Accounts: Letters are sent out weekly for accounts that
have had a negative balance for a period of 15 days. A second notice may be sent
if your account remains negative for an additional 10 days after the first
notice.
Multiple Accounts: If you make a deposit and you have multiple accounts with us,
your deposit will cover the account that is negative first and any remaining
amount may be applied to a different account afterwards.
Inappropriate use of the Advantage Checking Account: This account is not an
account that should be repetitively used for its courtesy pay funds. It is your
responsibility to remain aware of your account status, conduct transactions
appropriately, and maintain appropriate funds for withdrawal. Failure to comply
with this may result in your advantage checking account being closed, and you
will be notified that you are no longer in good standing with us. Please note
that we offer a variety of different services that may better suit your needs.
Consent of members with directly deposited government payments: When opening an
account, members who enroll in the Advantage Checking account must sign a
disclosure included on the account card which authorizes the credit union to
cover overdrafts and fees that are incurred on the account with those directly
deposited government payments.
Regular Share Draft Accounts: Items drawn on Regular or Business Share Draft
Accounts may not be honored if it will take the account into a negative status.
A NSF fee will be charged if sufficient funds are not available. If a share
draft account remains negative for 30 days, the account may be closed as an
overdrawn share draft and reported to Telecheck.
Fees assessed to Advantage Checking account holders:
1. $20.00 Courtesy Pay fee per item paid
2. $20.00 NSF fee if over maximum courtesy pay limit or not enough advantage
funds available
3. $20.00 NSF fee for regular share draft account
4. $6.00 monthly service fee for advantage checking accounts
The credit union will place a $2.5 million dollar limit to this program. In the
event that the total dollar
amount of overdrafts the credit union will honor reaches $2.5 million, this
program will be terminated.
16. Postdated and Stale dated Drafts. You authorize us to accept and pay any
draft without regard to the date of the draft even if the draft is presented for
payment before its date, unless you notify the Credit Union of the postdating.
Your notice will be effective only if the Credit Union receives the notice in
time for the Credit Union to notify its employees and reasonably act upon the
notice and you accurately describe the draft, including the number, date, and
amount. You understand that the exact information is necessary for the Credit
Union's computer to identify the draft. If you give the Credit Union an
incorrect, incomplete, or untimely notice, the Credit Union will not be
responsible for paying the draft before the date stated and the Credit Union may
charge your account as of the date the Credit Union pays the draft. You may make
an oral notice which will lapse within fourteen (14) calendar days unless
confirmed in writing within that time. A written notice will be effective for
six (6) months. A written notice may be renewed in writing from time to time.
You may also agree not to deposit checks, drafts, or other items before they are
properly payable. The Credit Union is under no obligation to you to pay a check
or draft drawn on your account which is presented more than six (6) months after
its date.
17. Stop Payment Orders.
a. Stop Payment Request. You may ask the Credit Union to stop payment on any
draft you or any account owner draw upon your share draft account. You may
request a stop payment by mail or in person. An order is binding upon the Credit
Union only if it is in writing, dated, signed, and describes the item with
certainty. The stop payment will be effective if the Credit Union receives the
order in time for the Credit Union to act upon the order and you state the
number of the account, number of the draft, and its exact amount. You understand
that the exact information is necessary for the Credit Union's computer to
identify the draft. If you give the Credit Union incorrect or incomplete
information, the Credit Union will not be responsible for failing to stop
payment on the draft. If the stop payment order is not received in time for the
Credit Union to act upon the order, the Credit Union will not be liable to you
or any other party for payment of the draft. If we recredit your account after
paying a draft over a valid and timely stop payment order, you agree to sign a
statement describing the dispute with the payee, to transfer all of your rights
against the payee or other holder of the draft to the Credit Union, and to
assist the Credit Union in legal action taken against the person.
b. Duration of Order. A written stop payment order will be effective for six (6)
months. A written stop payment order may be renewed in writing from time to
time. The Credit Union is not obligated to notify you when a stop payment order
expires.
c. Liability. The Credit Union may charge a fee for each draft for which a stop
payment order is requested, as set forth on the Rate and Fee Schedule. You may
not stop payment on any certified check, cashier's check, teller's check, or any
other check, draft, or payment guaranteed by the Credit Union. You should be
aware that while payment of the item may be stopped, you may remain liable to
any person, including the Credit Union, who is holder of the item despite the
stop payment order. You agree to indemnify and hold the Credit Union harmless
from all costs, including attorney's fees, damages or claims related to the
Credit Union's action in refusing payment of an item, including claims of any
multiple party account owner, payee, or indorsee in failing to stop payment of
an item as a result of incorrect information provided by you.
II. Legal & Liability
18. Credit Union Liability. If the Credit Union does not properly complete a
transaction according to this Agreement, the Credit Union will be liable for
your losses or damages not to exceed the amount of the transaction, except as
otherwise provided by law. The Credit Union will not be liable if: (a) through
no fault of the Credit Union, your account does not contain enough money to make
the transaction; (b) circumstances beyond the Credit Union's control prevents
the transaction; (c) your loss is caused by your negligence or the negligence of
another financial institution; or (d) the money in your account is subject to
legal process or other claim. The Credit Union will not be liable for
consequential damages, except liability for wrongful dishonor. The Credit
Union's actions will constitute the exercise of ordinary care if such actions or
non actions are consistent with applicable state law, federal reserve
regulations and operating letters, clearinghouse rules, and general banking
practices followed in the area served by the Credit Union.
You grant the Credit Union the right, in making payments of deposited funds, to
rely exclusively on the form of the account and the terms of this Account
Agreement. Any conflict between oral representations by you or Credit Union
employees and any written form will be resolved by reference to this Agreement
and applicable written form.
19. Member Liability Tell us AT ONCE if you believe your PIN has been used by an
unauthorized party or stolen. Telephoning is the best way of keeping your
possible losses down. You could lose all the money in your account. If you tell
us within two (2) business days, you can lose no more than $0 if someone used
your PIN without permission. If you do not tell us within two (2) business days
after you learn of the loss or unauthorized use of your PIN, and we can prove
that we could have stopped someone from using your PIN without your permission
if you had told us, you could lose as much as the total amount withdrawn from
your account. Also, if your statement shows transfers that you did not make,
tell us AT ONCE. If you do NOT tell us within thirty (30) days after the
statement was mailed to you, you may not get back any money you lost after
thirty (30) days if we can prove that we could have stopped someone from taking
your money if you had told us in time. If good reason (such as long trip or
hospital stay) kept you from telling us, we will extend the time periods.
20. Credit Union Lien and Security Interest. To the extent you owe the Credit
Union money as a borrower, guarantor, endorser or otherwise, the Credit Union
has a lien on any or all of the funds in any account in which you have ownership
interest, regardless of the source of the funds, unless prohibited by law. The
Credit Union may apply these funds in any order to pay off your indebtedness. If
the Credit Union chooses not to enforce its lien, the Credit Union does not
waive its right to enforce the lien at a later time. In addition, you grant the
Credit Union a consensual security interest in your accounts and agree the
Credit Union may use the funds from your accounts to pay any debt or amount now
or hereafter owed the Credit Union, except for obligations secured by your
residence, unless prohibited by applicable law. All accounts are nonassignable
and nontransferable to third parties.
21. Legal Process. If any legal action, such as levy, garnishment, or
attachment, is brought against your account, the Credit Union may refuse to pay
out any money from your account until the dispute is resolved or may pay out
funds according to the terms of the levy. If the Credit Union incurs any
expenses or attorney fees in responding to legal process, such expenses may be
charged against your account without prior notice to you, unless prohibited by
law. Any legal process against your account is subject to the Credit Union's
lien and security interest.
22. Account Information. Upon your request, the Credit Union will inform you of
the name and address of each credit reporting agency from which the Credit Union
obtains a credit report in connection with your account. The Credit Union agrees
not to disclose information to third parties about your account regarding any
transaction or balances except when: (1) it is necessary to complete the
transaction; (2) the third party seeks to verify the existence or condition of
your account in accordance with applicable law; (3) such disclosure is in
compliance with the law, government agencies or court orders; (4) you give us
your written permission.
23. Notices.
a. Name or Address Changes. It is your responsibility to notify the Credit Union
upon a change of address or change of name. The Credit Union is only required to
attempt to communicate with you at the most recent address you have provided the
Credit Union. The Credit Union may accept oral notices of a change in address
and may require any other notice from you to the Credit Union be provided in
writing. If the Credit Union attempts to locate you, the Credit Union may impose
a service fee as set forth on the Rate and Fee Schedule.
b. Notice of Amendments. Except as otherwise prohibited by applicable law, the
terms of this agreement are subject to change at any time. The Credit Union will
notify you of any changes in terms, rates, or fees as required by law. The
Credit Union reserves the right to waive any term in this Agreement. Any such
waiver shall not affect the Credit Union's right to enforce any right in the
future.
c. Effect of Notice. Any written notice you give the Credit Union is effective
when it is actually received by the Credit Union. Any written notice the Credit
Union gives to you is effective when it is deposited in the U.S. Mail, postage
prepaid and addressed to you at your statement mailing address. Notice to any
one account owner is considered notice to all owners of the account.
24. Taxpayer Identification Numbers and Backup Withholding. If your account is
or becomes subject to backup withholding, the Credit Union is required by law to
withhold and pay to the Internal Revenue Service (IRS) a required percentage of
payments of dividends, interest, and certain other payments under certain other
conditions. Your failure to furnish a correct taxpayer identification number
(TIN) or meet other applicable requirements may result in backup withholding. If
you fail to provide your TIN, the Credit Union may suspend the opening of your
account or you may request a non-dividend or interest bearing account until a
TIN is provided.
25. Statements.
a. Contents. If the Credit Union provides a periodic statement for your account,
you will receive a periodic statement of transactions and activity on your
account during the statement period as required by applicable law. If a periodic
statement is provided, you agree that only one statement is necessary for a
multiple account. For share drafts or checking accounts, you understand and
agree that your original draft, when paid, becomes property of the Credit Union
and may not be returned to you, but copies may be retained by Credit Union or
payable through financial institutions and made available upon your request. You
understand and agree that statements are made available to you on the date they
are mailed to you. You also understand and agree that drafts or copies thereof
are made available to you on the date the statement is mailed to you, even if
the drafts do not accompany the statement.
b. Examination. You are responsible for examining each statement and reporting
any irregularities to the Credit Union. The Credit Union will not be responsible
for any forged, altered or unauthorized items drawn on your account if:
(1) you fail to notify the Credit Union within sixty (60) days of the mailing
date of the earliest statement regarding any forgery, alteration or unauthorized
signature on any item described in the statement; or (2) any items are forged or
altered in a manner not detectable by a reasonable person, including the
unauthorized use of a facsimile signature machine.
c. Notice to Credit Union. You agree that the Credit Union's retention of drafts
does not alter or waive your responsibility to examine your statements or the
time limit for notifying the Credit Union of any errors. The statement will be
considered correct for all purposes and the Credit Union will not be liable for
any payment made or charge to your account unless you notify the Credit Union in
writing within the above time limit for notifying the Credit Union of any
errors.
26. Inactive Accounts. If your account falls below the minimum applicable
balance, and you have not made a withdrawal from, deposit to, or transfer
involving your account for more than the period specified in the Rate and Fee
Schedule and the Credit Union has been unable to contact you by regular mail
during that period, the Credit Union may classify your account as a dormant
account. Unless prohibited by applicable law, the Credit Union may charge a
service fee for continuing to process your dormant account as set forth on the
Rate and Fee Schedule. The Credit Union will notify you, as required by law, at
your last known address prior to imposing any fee. You authorize us to transfer
funds from another account of yours to cover any service fees, if applicable. To
the extent allowed by law, the Credit Union reserves the right to transfer the
account funds to an account payable and to suspend any further account
statements. If a deposit or withdrawal has not been made on the account and the
Credit Union has had no other sufficient contact with you within the period
specified by state law, the account will be presumed to be abandoned. Funds in
abandoned accounts will be reported and remitted in accordance with state law.
Once funds have been turned over to the state, the Credit Union has no further
liability to you for such funds and if you choose to reclaim such funds, you
must apply to the appropriate state agency.
27. Special Account Instructions. You may request the Credit Union to facilitate
certain trust, will, or court-ordered account arrangements. However, because the
Credit Union does not give legal advice, we cannot counsel you as to which
account arrangement most appropriately meets the specific requirements of your
trust, will, or court order. If you ask the Credit Union to follow any
instructions that the Credit Union believes might expose it to claims, lawsuits,
expenses, liabilities, or damages, whether directly or indirectly, the Credit
Union may refuse to follow your instructions or may require you to indemnify the
Credit Union or post a bond or other protection. Account changes requested by
you, or any account owner, such as adding or closing an account or service, must
be evidenced by a signed Account Change form and accepted by the Credit Union.
28. Termination of Account. The Credit Union may terminate your account at any
time without notice to you or may require you to close your account and apply
for a new account if (1) there is a change in owners or authorized signers; (2)
there has been a forgery or fraud reported or committed involving your account;
(3) there is a dispute as to the ownership of the funds in the account; (4) any
share drafts are lost or stolen; (5) if there are excessive returned unpaid
items not covered by an overdraft protection plan; (6) if there has been any
misrepresentation or any other abuse of any of your accounts; or (7) if the
Credit Union reasonably deems it necessary to prevent a loss to the Credit
Union. You may terminate any single party account at any time by notifying the
Credit Union in writing. The Credit Union reserves the right to require the
consent of all multiple party account owners for termination of a multiple party
account. The Credit Union is not responsible for payment of any draft,
withdrawal, or other item after your account is terminated, however, if the
Credit Union pays an item after termination, you agree to reimburse the Credit
Union for the payment.
29. Termination of Membership. You may terminate your membership at the Credit
Union after giving notice of your intent to withdraw from membership. You may be
denied services or expelled from membership for any reason allowed by applicable
law, including causing a loss to the Credit Union.
30. Death of Account Owner. The Credit Union may pay drafts or honor other
payments or transfer orders authorized by the deceased member for a period of
ten (10) days after the date of death unless the Credit Union receives
instructions from any person claiming an interest in the account to stop payment
on the drafts or other items. You agree the Credit Union can require that anyone
who claims funds in your account after your death indemnify the Credit Union for
any losses resulting from honoring that claim. This agreement will be binding
upon any heirs or legal representative of any account owner.
31. Severability. In the event that any portion of this agreement is held by a
court to be invalid or unenforceable for any reason, the remainder of this
agreement shall not be invalid or unenforceable and will continue in full force
and effect.
32. Enforcement. You agree to be liable to the Credit Union for any loss, cost
or expense that the Credit Union incurs as a result of your failure to follow
this Agreement. You authorize the Credit Union to deduct any such loss, costs or
expenses from your account without prior notice to you. In the event the Credit
Union brings a legal action to enforce the Agreement or collect any amount due
under this Agreement, the Credit Union shall be entitled, subject to applicable
law, to payment of its reasonable attorney's fees and costs, including fees on
an appeal, bankruptcy proceedings, and any post-judgment collection actions.
33. Governing Law. This Agreement is governed by the Bylaws of the Credit Union,
federal laws and regulations, the laws, including applicable principles of
contract law, and regulations of the state of Texas in which the Credit Union's
main office is located, and local clearinghouse rules, as amended from time to
time. To the extent permitted by applicable law, you agree that any legal action
regarding this agreement shall be brought in the county in which the Credit
Union is located.
III. Electronic/Plastic Services
34. EDIE/Voice Response. By completing and signing the EDIE application, I apply
for a Gulf Coast Educators Federal Credit Union confidential Personal
Identification Number (PIN) for use with EDIE audio response system. I
understand that I cannot use EDIE without a PIN and that I will receive my PIN
by separate mail. It is my understanding that my PIN may be used for transfers
between my accounts, information regarding my accounts, check withdrawals made
out in my name on my accounts (except Individual Retirement Accounts and
Certificate of Deposit) and for such other transactions as may become available,
of which this Agreement is made a part by reference. I am responsible for the
safekeeping of my PIN provided by the Credit Union and for all transactions by
use of EDIE. I will notify the Credit Union immediately and send written
confirmation if my PIN is disclosed to anyone other than a joint owner of my
account. If I disclose my PIN to anyone, however, I understand that I have given
them access to my account via EDIE and that I am responsible for such
transactions. I further understand that my PIN is not transferable and I will
not disclose the PIN or permit unauthorized use thereof. If I default on any
amounts I owe under this agreement, I agree to pay any and all attorney fees and
collection costs incurred by the Credit Union to the extent allowed by law.
MEMBER LIABILITY. See Section II. Subsection 18
If you believe your PIN has been lost or stolen or that someone has withdrawn or
may withdraw money from your account without your permission, call (281)
487-9333 or write: Gulf Coast Educators FCU, 5953 Fairmont Parkway, Pasadena,
Texas 77505. Our business hours are Monday, Tuesday, and Friday 8:30am- 5:00pm,
Wednesday 9:00am -5:00pm, Thursday 8:30am-6:00pm, holidays excluded. I
understand that the Credit Union reserves the right to discontinue access to
EDIE without notice and will not be liable for failure to honor any
transactions. Amendments to this Agreement may be provided to me, in accordance
with applicable laws, without restatement of the terms. The use of EDIE is
subject to such terms, conditions and requirements as the Credit Union may
establish from time to time. Stop payment orders will not be allowed on Credit
Union checks except in the case of loss and then may require the purchase of a
corporate indemnity bond by the member in favor of the Credit Union. There is a
ninety (90) day waiting period before a stop payment order will be accepted. I
understand that the Credit Union must give me 21 days notice if it makes any
changes in the agreement. Transactions made through EDIE are binding on the
Credit Union only after verification by the Credit Union. Transactions after the
normal business hours each day may be posted to the appropriate accounts on the
next business day after the date of such transactions. The total dollar amount
of transactions via EDIE is subject to limits set by the Credit Union, and
sufficient verified funds must be available to satisfy my transaction. EDIE will
be available for your convenience 24 hours a day, 365 days a year, with minor
interruptions for end-of-day in house processing. The Credit Union will mail you
a statement of your account at least once every quarter even if you do not use
EDIE. If you use EDIE in a particular month or have a checking account or Share
Account, you will be mailed a monthly statement. Information concerning your
share or loan account will be given to third parties only: a) in order to comply
with the order of a government agency or court, or b) if you give us your
written permission, or c) when it is necessary to complete the electronic
transfer into your account. If we don't complete a transfer to your account in
time or for the correct amount according to our agreement with you, we will be
liable for your losses or damages. However there are some exceptions. We will
not be liable for instance, a) if circumstances beyond our control (such as fire
or flood) prevent the transfer despite reasonable precautions we have taken, b)
if the party sending us the deposit either fails to generate the deposit or
fails to generate the correct amount on time, or c) if, through no fault of
ours, you do not have enough money in your account to make the transfer. There
may be other exceptions stated in our Agreement with you.
IN CASE OF ERROR OR QUESTIONS ABOUT YOUR ELECTRONIC
TRANSFER, telephone us at (281) 487-9333 or write us at 5953 Fairmont Parkway,
Pasadena, Texas 77505 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 of 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.
However, be aware that an affidavit of forgery or non-authorized use must be
signed within 60 days of the actual date the problem or error appeared.
We will tell
you the results of our investigation 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 recredit your account 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 we ask you to put your complaint in writing and we do not
receive it within 10 business days, we may not recredit your account. If we
decide that there was no error, we will send you a written explanation within 3
days after we finish our investigation. You may ask for copies of the documents
that we used in our investigation.
35. Plastics Service. The Gulf Coast Educators Federal Credit Union, "Credit
Union" has, upon my request agreed to issue me a Plastic Card, "Plastic Card",
as a convenience for use in Automated Teller Machines and other electronic
devices. By accepting the Card, retaining, using, or authorizing its use, I
agree to all the terms and conditions set forth in the Agreement and understand
that I am bound by all rules, regulations or operating procedures of the Credit
Union. I understand that I am liable for all "unauthorized use" of my card as
that defined in the Agreement. This brochure, the enclosed Plastic Card
Disclosure Statement, my application for this Plastic Card, my Credit Union
member's share and draft account agreement, and my Line of Credit Agreement (if
applicable) constitutes the "Agreement" for use of my Plastic Card. I understand
that this "Agreement" may be modified from time to time with notice to me of the
changes but that these changes, if any, do not alter the remaining provisions of
this "Agreement".
Definitions:
1. The word "I", "me", and "my" as used in the Agreement means the Cardholder or
Cardholders.
2. The words "your account" or "my account" refer to my share account and my
draft account with the Credit Union. If I have more than one account with the
Credit Union, "your account" refers to the account I have identified in my
application for a Card.
3. "Authorize" or "Authorize Use" means I have permitted another person to have
access to my Card and my personal identification number either voluntarily or by
knowingly making them available to another whether or not I have expressly
permitted the use.
4. Personal Identification Number (PIN) is the four (4) digit number which I
create for use with my Card to provide me electronic access to my account.
5. Debit Card is a Card which accesses funds in an account to the extent such
funds are on deposit in the account.
6. Credit Card is a card or other single credit devise that may be used to
obtain funds while deferring payment of the debt created. I understand that the
Card I have applied for is a debit card. I further understand that if I should
obtain overdraft protection, or a line of Credit with the Credit Union, my Card
will be a Credit Card to the extent of such overdraft protection or the extent
of my Line of Credit. I agree to surrender the Cards to you upon demand. I
agree, further, that the Cards shall at all times remain your property and that
you may cancel this Agreement at any time, subject to such notification as may
be required by applicable law. I agree that you may amend this Agreement and
these disclosures, from time to time, subject to such notification as may be
required by applicable law. I agree to keep my PIN strictly confidential and I
understand that if I keep my PIN with my Card, it may be considered authorized
use if someone else should access my account.
MEMBER LIABILITY. See Section II. Subsection 18 I understand that upon
notification from me of loss, theft, or unauthorized use of my Card or PIN, the
Credit Union will freeze my account to prevent all electronic access. Upon
proper execution of an affidavit of loss, theft or unauthorized use, the Credit
Union may, in its discretion, open a new account for me. I agree to hold the
Credit Union harmless for any failure to honor my Card for any reason. I
understand that I have acquired no property interest in the use of my Card and
that the Credit Union may terminate or amend this Agreement at any time without
notice to me and I understand that such termination, if any, does not relieve me
from my responsibility to pay any charges or advances then existing on my
account. I agree to hold the Credit Union harmless, if because of my default
under this or any other agreement with the Credit Union, my funds are attached
by the Credit Union pursuant to legal process, pledge, offset or statutory lien.
I agree to indemnify the Credit Union for collection costs, including but not
limited to expenses, court costs, and reasonable attorney's fees, in the event
of my failure to perform my duties and responsibilities under the Agreement. I
agree to notify the Credit Union in writing within three days of any change in
my address. I understand that any notice given by the Credit Union shall be
effective if sent to the address I have provided to the Credit Union. I can
terminate this Agreement by either closing my designated account(s) or by
notifying the Credit Union in writing and no longer using my Card or PIN at
Automated Teller Machines or Network Automated Teller Machines. If more than one
person is authorized to use the Credit Union services on my designated account(s),
or if the person has my Card and PIN, I understand that the Credit Union cannot
stop that person from making transactions on my account(s) without terminating
my Card services. I agree to allow the Credit Union until midnight of its next
business day to terminate my Card services after I give the Credit Union notice.
I will remain responsible for any Card transactions during this time, subject to
any limitations set forth in any law or regulation. I understand that if this
Agreement is terminated by one Cardholder as provided herein, the Agreement is
terminated as to all Cardholders. I understand that joint use of the Card is
available upon written application to a joint owner of my account. I further
understand that, subject to the Credit Union rules and regulations on
establishment of joint accounts, if I authorize joint use of my Card, I have
also made such joint user a joint owner of my share or share draft account. I
have read the Agreement and acknowledge receipt of the disclosures contained
therein. This Agreement has been made and will be performed in Pasadena, Harris
County, Texas. I understand that my signature on the application form for a Card
constitutes my agreement to all terms and conditions set forth in the Agreement.
36. Electronic Fund Transfer (EFT). In compliance with the Electronic Funds
Transfer Act, we are providing you with the following disclosure of terms and
conditions of Electronic Funds Transfers involving Gulf Coast Educators Federal
Credit Union. These disclosures are a part of your Agreement with the Credit
Union controlling your use of a Plastic Card or their access device. An
Electronic Funds Transfer (EFT) is any means of transfer of funds, other than a
transaction originated by check, draft or similar instrument, that is initiated
through an Electronic Terminal, Telephone, computer, or magnetic tape for the
purpose of ordering, instructing, or authorizing a financial institution to
debit or credit an account. An Electronic Funds Transfer may be initiated by
your "access device". An example of an access device is your Pulse Card used in
combination with your Personal Identification Number (PIN), or other means of
access to your account that initiate an Electronic Funds Transfer.
MEMBER LIABILITY. See Section II. Subsection 18
ADDRESS AND PHONE NUMBER. You agree to keep your Cards and PINs in a place of
safekeeping, to refrain from disclosing your PINs to any third party and to
refrain from writing your PINs on your cards. You agree that the use of the
Cards or PINs by you, any other applicant, any joint owner on any of your
accounts which may be accessed by the Cards, anyone you permit or authorize to
use your Cards or PINs, and anyone to whom you disclose your PINs or give access
to your Cards or PINs shall be deemed an authorized user for which you will be
liable. You will be responsible for reporting the loss or theft of your Cards or
PINs to us as soon as possible after the loss or theft. If you believe your Card
or PIN has been lost or stolen call Gulf Coast Educators Federal Credit Union at
(281) 487-9333 or (800) 683-3863 during business hours. Or if you believe that
someone has transferred or may transfer money from your account without your
permission, call or write Gulf Coast Educators FCU at 281-487-9333 or
800-683-3863 or write to GCEFCU, 5953 Fairmont Parkway, Pasadena, Texas 77505.
For after hours Plastics problems:
MasterCard (Town North Bank) 1(800) 442-4757
VISA/ATM (Certegy) 1(800) 453-4270
DEFINITION OF A BUSINESS DAY. Our business days and hours are:
Monday and Friday 8:30am - 5:00pm
Tuesday and Thursday 8:00am – 6:00pm
Wednesday 9:00am - 5:00pm
Holidays are not included.
CARD ISSUANCE AND PERSONAL IDENTIFICATION NUMBER.
In this Disclosure and Agreement, the words "you", "your" and "party" refer to
any person to whom a Gulf Coast Educators Federal Credit Union ATM Card or VISA
Check Card (the "Cards") is issued, any person to whom a Personal Identification
Number (PIN) is issued in connection with any such Card or the Credit Union's
EDIE automated response system, any person authorized to use or given access to
any such Card or PIN and any owner on any Credit Union Account which may be
accessed by the Card, the PIN, or any other electronic funds transfer. The words
"we", "us", "our" and "Credit Union" refer to Gulf Coast Educators Federal
Credit Union. You agree that the use of a Card or PIN by you shall be governed
by the terms of your account Agreement with us as well as the terms and
conditions set forth in this Agreement and the Electronic Funds Transfers
Disclosures set forth below.
OVERDRAFTS. You agree that you will not use your ATM Card, VISA Check Card, or
the EDIE Audio Response System to withdraw or transfer funds from your account
in amounts exceeding the available balance in your account at the time of any
such transfer, and you agree to maintain available funds on deposit in your
account sufficient to pay any preauthorized electronic fund transfers. You agree
that we will be under no obligation to make any such withdrawal or transfer, or
to pay any such preauthorized transfer if there are insufficient funds in your
account. If your account has sufficient funds to cover one or more, but not all
of the checks, withdrawal orders, or electronic fund transfers during any given
business day, we may honor those items, allow those withdrawals or make any such
electronic fund transfers in any order that we may choose in our sole discretion
including any such checks, orders or transfers payable to us, and dishonor or
refuse any item, order or transfer for which there are insufficient funds
available thereafter. You also agree that, at our option, we may post all VISA
Check Card transactions during any day before posting any other checks,
withdrawal orders or electronic fund transfers presented or made. Automatic
overdraft protection is not available for withdrawals or transfers made through
the use of your ATM Card, VISA Check Card, the EDIE audio response system, or by
way of preauthorized transfers. ELECTRONIC CHECK CONVERSIONS/ ELECTRONIC
RETURNED CHECK FEES. If you pay a merchant with a share draft, you may be
authorizing that merchant to convert the share draft to an electronic fund
transfer. You may also be authorizing the merchant to electronically debit your
account for returned check fees. You are considered to have authorized the
electronic funds transfer if you complete the transaction after being told
(orally or by posted notice) that the transfer may be processed electronically
or if you sign a written authorization. AVAILABLE TRANSACTIONS AND LIMITATIONS.
You may use your access device to:
A) Withdraw cash from your Share or Share Draft Accounts.
B) Make transfers of funds between Share or Share Draft Accounts.
C) Make balance inquiries on Share or Share Draft Accounts. There are no
limitations on the number of transactions you may have in a specified period of
time. CHARGES FOR MEMBER USE. You will be charged $5.00 for your ATM Card. Each
additional card you request is $2.50.
Additional charges deducted at the time of the transaction:
Seventy-five cents ($0.75) per each transaction.
Fifty cents ($.50) per each balance inquiry.
These additional charges are deducted immediately from the account on which you
perform the transaction. All above charges are subject to change. RIGHT TO
RECEIVE DOCUMENTATION. (a) Terminal Transfers. You can get a receipt at the time
you make any transfer to or from your Account using an automated teller machine
or point-of-sale terminal. (b) Periodic Statements. You will get a monthly
account statement for your checking account. You will get a quarterly account
statement for your Share (savings) Account, unless there are no transfers in a
particular quarter. In any case, you will get a statement for your Share
(savings) Account at least annually. RIGHT TO STOP PAYMENT OF PREAUTHORIZED
TRANSFERS, PROCEDURE FOR DOING SO, RIGHT TO RECEIVE NOTICE OF VARYING AMOUNTS,
AND CREDIT UNION'S LIABILITY FOR FAILURE TO STOP PAYMENT. (a) Right to Stop
Payment and Procedure for Doing So. If you have told us in advance to make
regular payments out of your account, you can stop any of these payments. Here's
how: Call or write us at the telephone number or address disclosed above in time
for us to receive your request three 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 to get it to us within 14 days after you call. There will be a
charge for each stop payment order you give. Please refer to our
Truth-in-Savings Fee Schedule which accompanies this Agreement for fees in
connection with your stop payment orders. (b) Notice of Varying Amounts. If
these regular payments may vary in amount, the person or company 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. (c) Liability for
Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one
of these payments three business days or more before the transfer is scheduled,
and we do not do so, we will be liable for your losses or damages.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES. We will disclose information
to third parties about your Account or the transfers you make:
(a) Where it is necessary for completing transfers, or
(b) In order to verify existence and condition of your account for a third
party, such as a credit bureau or merchant, or
(c) In order to comply with government agency or court orders, or
(d) If you give us your written permission.
CREDIT UNION'S 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 will be liable for your
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 the Transfer would draw your Share (savings)
Account below the required minimum balance. If the Automated Teller Machine
where you are making the transfer does not have enough cash. If the Automated
Teller Machine or system was not working properly and you knew about the
breakdown when you started the transfer. If your card or PIN is reported lost or
stolen, or we have reason to believe there may be an unauthorized use. . If we
have suspended or terminated your ability to use your card and/or your PIN. If
technical or legal limitations prevent us from performing the requested
transaction. If the failure to properly complete the transaction is caused by
erroneous information supplied by you or your agent. If circumstances beyond our
control (such as fire or flood) prevent the transfer, despite reasonable
precautions that we have taken. There may be other exceptions stated in our
Agreement with you.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS.
Telephone us at (281) 487-9333, or 1-800-683-3863 or write us at 5953 Fairmont
Parkway, Pasadena, TX 77505 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.
(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 tell you the results of our investigation within 10
business days (20 business days for point-of-sale transactions or transfers
initiated outside of the United States) after we hear from you and will correct
any error promptly. If we need more time, however, we may take up to 45 days (90
days for point-of-sale transactions or transfers initiated outside of the United
States) to investigate your complaint or question. If we decide to do this, we
will recredit your account within 10 business days (20 business days for
point-of-sale transactions or transfers initiated outside of the United States)
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 recredit 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 documents that we
used in our investigation.
37. VISA Check Card
(a) Account Access. You may use your VISA Check Card to:
(1) Pay for purchases at places that have agreed to accept the card.
(2) Withdraw cash from your Checking and Share (savings) Accounts using your
Card and PIN at Automated Teller Machines.
(3) Transfer funds between your Checking and Share (savings) Accounts using your
Card and PIN at Automated Teller Machines.
(4) Inquire as to the balance in your Checking and Share (savings) Accounts
using your Card and PIN at Automated Teller Machines. Some of these services may
not available at all terminals.
(b) Limitations on Frequency Transfers. You may make an unlimited number of
transfers using your VISA Check Card.
(c) Limitations on Dollar Amounts of Transfers. You may purchase goods and
services and you may make withdrawals from PULSE and/or CIRRUS using your VISA
Check Card in any amount up to the balance of available funds in your account at
the time of any such purchase or withdrawal. Total ATM withdrawals may not
exceed $9,999 in any 24 hour period.
(d) Limitations on Overdraft Protection. VISA authorizations will not include
overdraft protection balances.
38. Preauthorized Transfers. You may arrange with third parties for certain
recurring payments to be paid automatically from your account, or for certain
recurring deposits to be automatically made to your account.
39. Internet Account Access.
(a) Account Access via the World Wide Web. You may use your EDIE PIN to:
(1) transfer funds between your Share (savings), Club and Checking Accounts.
(2) Make loan payments from your Share (savings) or Checking Accounts
(b) Limitations on Frequency of Transfers. You may make an unlimited number of
loan payment transfers between your accounts.
(c) Limitations on Dollar amounts of transfers. There is no limit on the dollar
amount you may transfer between accounts, provided that your available balances
are sufficient to cover those transfers, and your Share (savings) Account does
not fall below the minimum balance required.
40. Privacy Notice
Gulf Coast Educators Federal Credit Union is committed to making financial
products and services available that will help you reach your financial needs
and meet your financial goals. When you provide personal information in order to
process your transaction(s), you fully expect your data to be used only for its
intended purpose and to be kept confidential. Protecting your personal
information and using it in a manner consistent with your expectations is a high
priority for everyone associated with our Credit Union.
As a member of Gulf Coast Educators Federal Credit union, you also have a
responsibility to safeguard your financial information.
Gulf Coast Educators F.C.U. wants you to be able to rely on the quality of
products and services we offer; therefore, we stand behind the following privacy
policy:
CATEGORIES OF INFORMATION WE COLLECT:
We collect nonpublic personal information about you from the following sources:
• Information we receive from you on applications or other forms;
• Information about your transactions with us, our affiliates, or others; and
• Information we receive from a consumer reporting agency
We will collect only the personal information that is necessary to conduct our
business, this means just taking the steps that are needed to provide you with
competitive financial products and services – no more.
CATEGORIES OF INFORMATION WE DISCLOSE AND PARTIES TO WHOM WE DISCLOSE:
We do not disclose any nonpublic personal information about our members and
former members to anyone, except as permitted by law.
We may disclose all of the information we collect, as described below to
companies that perform marketing services on our behalf or to other financial
institutions with whom we have joint marketing agreements:
• Information we receive from you on applications or other forms, such as your
name, address, social security number, assets, and income;
• Information about your transactions with us, our affiliates, or others, such
as your account balance, payment history, parties to transactions, and credit
card usage; and
• Information we receive from a consumer reporting agency, such as your credit
worthiness and credit history.
DISCLOSURE OF INFORMATION ABOUT FORMER MEMBERS:
If you decide to close your account(s) with us and terminate your membership, or
become an inactive member, we will not disclose any nonpublic personal
information we have collected about you, except as permitted by law.
CONFIDENTIALITY AND SECURITY:
We restrict access to nonpublic information about you to those employees who
need to know that information to provide products or services to you. We
maintain physical, electronic and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
We value your membership and hope you will remain with us for many years to
come. If you ever have any questions about the accuracy of your account
information or concerns with any other area of our membership operations please
do not hesitate to contact us.

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