Electronic Funds Transfer 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 University of Virginia Community Credit Union (“Credit Union”). In this Agreement, the words “you,” “your,” and “yours” mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words “we,” “us,” and “our” mean the Credit Union. The word “account” means any one (1) or more share and checking accounts you have with the Credit Union. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, signing your card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered. Furthermore, electronic fund transfers that meet the definition of remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently, terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such services are requested and rendered in accordance with applicable law.

1.    EFT SERVICES — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.

a.    Visa® Debit Card. If approved, you may use your Visa card to purchase goods and services from participating merchants. 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. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your card purchases will be deducted from your checking account. For ATM and one-time debit card transactions, you must consent to the Credit Union’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges.

For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union 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 the Credit Union. If you initiate a transaction that overdraws your account, you   agree   to   make   immediate   payment   of   any  overdrafts   together   with   any   service   charges   to   the   Credit   Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your card and personal identification number (PIN) at ATMs/ITMs of the Credit Union networks, and such other machines or facilities as the Credit Union may designate. See the Credit Union's website at uvacreditunion.org for a current list of ATM/ITM networks.

At the present time, you may also use your card to:

-   Withdraw funds from your share and checking accounts. See Fee Schedule at account opening or uvacreditunion.org for maximum daily limits.

-   Transfer funds from your share, checking, and money market accounts.

-   Obtain balance information for your share and checking accounts.

-   Make loan payments.

-   Validate identification at an ITM.

-   Access your Line of Credit accounts.

-   Make point-of-sale (POS) transactions with your card and personal identification number (PIN) to purchase goods or services at merchants that accept Visa. See Fee Schedule at account opening or uvacreditunion.org for maximum POS daily limits.

-   Order goods or services online or by mail or telephone from places that accept Visa.

The following limitations on Visa Debit Card transactions may apply:

-   Purchase amounts are limited to the amount in your account.

-   You may transfer up to the available balance in your accounts at the time of the transfer.

Illegal Use of Card: Cardholder agrees that illegal use of the card will be deemed an action of default and/or breach of contract and the cardholder’s account and other related services may be terminated at the Credit Union’s discretion. Cardholder further agrees should illegal use occur, to waive any right to sue the Credit Union for such illegal use or any activity directly or indirectly related to it and additionally agrees to indemnify and hold the Credit Union harmless from any suits or other legal action or liability, resulting from such illegal use. The Credit Union reserves the right to decline to authorize any transaction that may possess an undue risk of illegal activity.

Card Information Updates and Authorizations. If you have authorized a merchant to bill charges to your card on a recurring basis, it is  your  responsibility  to  notify  the  merchant  in  the  event  your  card  is  replaced,  your  card  information  (such  as  card number and expiration date) changes, or the account associated with your card is closed. However, if your card is replaced or card information changes, you authorize us, without obligation on our part, to provide the updated card information to the merchant in order to permit the merchant to bill recurring charges to the card. You authorize us to apply such recurring charges to the card until you notify us that you have revoked authorization for the charges to your card.

Your card is automatically enrolled in an information updating service. Through this service, your updated card information (such as card number and expiration date) may be shared with participating merchants to facilitate continued recurring charges. Updates are not guaranteed before your next payment to a merchant is due. You are responsible for making direct payment until recurring charges resume. To revoke your authorization allowing us to provide updated card information to a merchant, please contact us.

b.   Call24 (Audio Response). If we approve Call24 (Audio Response) for your accounts, a separate personal identification number (PIN) will be assigned to you. You must use your personal identification number (PIN) along with your account number to access your accounts. At the present time, you may use Call24 (Audio Response) to:

-   Withdraw funds from your share and Line of Credit accounts.

-   Transfer funds from your share, checking, money market, and Line of Credit accounts.

-   Obtain balance information for your share, checking, loan, IRA, certificate, and Visa accounts.

-   Make loan payments from your share and checking accounts.

-   Access your Line of Credit account.

-   Determine if a particular item has cleared.

-   Obtain tax information on amounts earned on share and checking accounts or interest paid on loan accounts.

-   Verify the last date and amount of your payroll deposit.

-   Stop payments.

-   Transfer funds from the deposit account(s) of one (1) discrete member account to the deposit account(s) of another discrete member account when cross-account access has been set up.

Your accounts can be accessed under Call24 (Audio Response) via a touch-tone telephone only. Call24 (Audio Response) service will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing.

The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each telephone call.

c.   Preauthorized EFTs.

-   Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your share and/or checking account.

-   Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share and/or 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 may apply to a single transfer, multiple transfers, or all future transfers as directed by you, and will remain in effect unless you withdraw your request or all transfers subject to the request have been returned.

-   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.

d.   Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or draft, you may authorize your check or draft 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.

e.   Online Banking. If Online Banking is activated for your account(s), you must accept the online disclosures enrollment and create a Login ID and Password. For subsequent logins, you will use your Login ID and Password. At the present time, you may use Online Banking to:

-  Review account balances, transaction history, and year-to-date dividends for deposit accounts.

-  Review account balances, due dates, payoff amounts, interest rates, and transaction history for loan accounts.

-  Transfer funds from your share, share checking, money market, and Christmas Club accounts.

-  View check images.

-  Make payments to loan and credit card accounts.

-  Access to your account through mobile banking.

-  Access E-Statements and other electronic documents.

-  Submit secure, online messages to the credit union.

-  Transfer funds from your account to another credit union account.

-  Add accounts, transfer funds to and from accounts, view account balances, and transactions at other financial institutions through our personal financial manager.

-  Receive and pay bills with Bill Pay. Separate registration is required.

-  Download account history to financial management software.

-  Transfer funds from your account to an account at another financial institution.

-  Place stop payment orders on checks.

Your accounts can be accessed via Online Banking. Online Banking will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.

f.   Mobile Apps and Text Message Banking. If Mobile Apps and Text Message Banking is activated for your account(s), you will be required to use secure login information to access the account(s). At the present time, you may use Mobile Apps and Text Message Banking to:

-   Transfer funds from your share, checking, money market, and Line of Credit accounts.

-   Obtain balance information for your share, checking, money market, and Line of Credit accounts.

-   Make loan payments from your share and checking accounts.

-   Access your Line of Credit accounts.

-   Make bill payments to preauthorized creditors.

-   View scheduled bills and pay bills on existing payees within your active Bill Pay account.

-   View check images.

-   Make mobile deposits to your accounts. See User Mobile Deposit Agreement for specifications.

Your accounts can be accessed under Mobile Apps and Text Message Banking via mobile device or other approved access device(s). Mobile Apps and Text Message Banking will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.

g.  Online Banking Bill Pay. All payments you make through Bill Pay will be deducted from your designated payment account. Any payment you wish to make through Bill Pay must be payable in U.S. Dollars. Each payee must appear on the payee list you create with UVA Community Credit Union and the account you are paying must be in your name. No bills made to cash will be paid. The payment process will be initiated on the send on date you select. Funds must be available in your account on the send on date.

You must allow sufficient time for the payee to receive and process the payment before the payment due date (the due date shown on your invoice provided in your agreement with payee, not taking into account any grace period provided by the payee). We cannot guarantee the time that any payment will be credited to your account by the vendor.

IMPORTANT: Payments may take up to ten (10) days to reach the payee, as they are sent either electronically or by check. UVA Community Credit Union is not liable for any service or late charges levied against you. The following limitations on Online Banking Bill Pay transactions may apply:

-   There is no limit on the number of bill payments per day, provided they do not exceed available funds.

-   There is, however, a monetary limit of $9,999.99 per transactions up to $19,999.99 per day.

2.    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 we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.

c.    Foreign Transactions.

Visa. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable transaction date, which rate may vary from the rate Visa itself receives, or the rate mandated by the government or governing body in effect for the applicable transaction date. The exchange rate used on the transaction date may differ from the rate that would have been used on the processing date or cardholder statement posting date.

A fee of 1.00% of the amount of the transaction, calculated in U.S. dollars, will be imposed on all foreign transactions, including purchases, cash withdrawals and credits to your account. A foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates. Transactions completed by merchants outside of the United States are considered foreign transactions, regardless of whether you are located inside or outside the United States at the time of the transaction.

d.   Security of Access Code. You may use one (1) or more access codes with your electronic fund transfers. 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 not authorized to sign on your accounts. If you authorize anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your EFT services immediately.

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 and checking 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 the Credit Union may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.

3.    FEES AND CHARGES — We assess certain fees and charges for EFT services. From time to time, the fees and charges may be changed, and we will notify you as required by applicable law.

Additionally, if you use an ATM/ITM not operated by us, you may be charged a fee(s) by the ATM/ITM operator and by any international, 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/ITM fee(s), or surcharge(s), will be debited from your account if you elect to complete the transaction and/or continue with the balance inquiry.

You understand and agree that we and/or the ATM/ITM operator may charge you multiple fees for multiple transactions during the same ATM/ITM session (for example, fees for both a balance inquiry and a cash withdrawal).

a.    Visa Debit Card Fees.

-   The Credit Union may charge for ATM/ITM transactions at machines we do not own (non-proprietary) and are not part of our surcharge-free ATM/ITM Network. See our Fee Schedule for a current list of fees or uvacreditunion.org.

-   Other fees may apply. See Fee Schedule at account opening or uvacreditunion.org

b.   Preauthorized EFT Fees.

-   See Fee Schedule at account opening or uvacreditunion.org

c.    Online Banking Bill Pay Fees.

-   No charge for personal Bill Pay.

-   Unlimited transactions per month.

4.    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 using information from your check. 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 fraudulent or negligent in the handling of your account or card.

For all other EFT transactions involving your card or access code, including if you were negligent in the handling of your account or card, your liability for an unauthorized transaction is determined as follows. If you tell us within two (2) business days after you learn of the loss or theft of your card or access code, 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:

 434-964-2001

or write to:

University of Virginia Community Credit Union

3300 Berkmar Drive

Charlottesville, VA 22901

Fax: 434-964-2019

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

5.    RIGHT TO RECEIVE DOCUMENTATION —

a.   Periodic Statements. Transfers and withdrawals made through any debit card transactions, audio response 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. In any case, you will receive a statement at least quarterly.

b.   Terminal Receipt. You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM/ITM and/or point-of-sale (POS) terminal.

c.   Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every 60 days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling 434-964-2001. This does not apply to transactions occurring outside the United States.

6.    ACCOUNT INFORMATION DISCLOSURE — We will disclose information to third parties about your account or the transfers you make:

-   As necessary to complete transfers;

-   To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;

-   If your account is eligible for emergency cash and/or emergency card replacement services and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);

-   To comply with government agency or court orders; or

-   If you give us your written permission.

7.    BUSINESS DAYS — Our business days are Monday through Friday, excluding Federal Reserve holidays.

8.    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 an insufficient available balance in your account 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/ITM where you are making the transfer does not have enough cash.

-   If the ATM/ITM 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/ITM network.

-   If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers.

-   If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking 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 the Credit Union. 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 the Credit Union.

9.    NOTICES — All notices from us will be effective when we have mailed them or delivered them to the appropriate address in the Credit Union’s records. Written notice you provide in accordance with your responsibility to report unauthorized transactions to us will be  considered  given  at  the  time  you  mail  the  notice  or  deliver  it  for  transmission  to  us  by  any  other  usual  means. All  other  notices  from  you  will  be  effective  when  received  by  the  Credit  Union  at  the  address  specified  in  this  Agreement. We reserve the right to change the terms and conditions upon which EFT services are offered and will provide notice to you in accordance with applicable law. Use of EFT services is subject to existing regulations governing your Credit Union account and any future changes to those regulations.

The following information is a list of safety precautions regarding the use of ATM/ITM and night deposit facilities:

-   Be aware of your surroundings, particularly at night.

-   Consider having someone accompany you when the ATM/ITM or night deposit facility is used after dark.

-   Close the entry door of any ATM/ITM facility equipped with a door.