ALL-IN-ONE
CREDIT AGREEMENT AND LENDING DISCLOSURES
A.
All-In-One Credit Agreement
B. Your Billing Rights
C. Credit Card Agreement
D. Platinum Visa Points
Program
E. Checking Reserve
Agreement
F. CUNA Mutual Group
A. ALL-IN-ONE
CREDIT AGREEMENT
This All-In-One Credit Line Personal
Loan Agreement and Truth-In-Lending Disclosure will be referred
to as “this Plan” and will govern borrowing
pursuant to secured advances, signature advances, reserve
accounts and Visa/MasterCard lines of credit. The “Credit
Union” refers to Quorum Federal Credit Union or anyone
to whom the Credit Union transfers its rights under this
Plan.
1. How this plan works:
The Credit Union anticipates that a member will borrow money
(called advances) under this Plan from time to time. The
Credit Union, however, is not required to make advances
under this Plan and can refuse a request for an advance
at any time. The Credit Union Rate Sheet describes the different
types of credit (called subaccounts) available under this
Plan. If you have been approved for credit under a subaccount,
you will be given a specific credit limit for that subaccount.
For other subaccounts you may not be given a specific dollar
limit.
2. Promise to pay:
All advances made under this Plan must be repaid to the
Credit Union as well as any applicable charges described
herein or on the Credit Union Rate Sheet. This includes
all interest on what is owed until the total amount has
been repaid. The interest rate depends on the subaccount
under which the advance is made. The Credit Union Rate Sheet
shows the current interest rates as daily periodic rates
and their corresponding annual percentage rates. The Credit
Union Rate Sheet explains how the variable interest rate
works.
3. Payments:
The amount of the payment for an advance is determined according
to the Credit Union Rate Sheet. The Credit Union reserves
the right to set the initial payment amount due on each
loan advance. Payments are due on the first day of each
month, unless a different date is set by the Credit Union
at the time of an advance. If the Credit Union Rate Sheet
has no payment schedule for a subaccount, the amount and
due date of payments will be determined at the time of each
advance.
Payments must include any amount past due, late charges,
and any amount by which has exceeded any credit limit given
for a subaccount. All or part of the balance owed at any
time can be repaid without any prepayment penalty.
4. Automatic transfer of loan payment:
At the Credit Union’s option, monthly payments may
be made by transferring funds from an authorized Credit
Union account.
5. Payment allocation:
Payments will be applied in the following order to any of
these costs owed: collection costs, late charges, finance
charges, unpaid balance due. Any unpaid part of the finance
charge will be paid by later payments and will not be added
to the unpaid balance.
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6. Cost of credit:
The dollar amount paid for money borrowed is called a finance
charge. The finance charge begins on the date of each advance.
To compute the finance charge, the unpaid balance for each
day since the last payment (or since an advance if a payment
has not yet been made) is multiplied by the applicable daily
periodic rate. The sum of these amounts is the finance charge
owed. The balance used to compute the finance charge is the
unpaid balance each day after payments and credits to that
balance have been subtracted and any new advances have been
added. A finance charge will be computed separately for each
separate balance under this Plan.
7. Security interest:
The savings and deposits in all joint and individual accounts
with the Credit Union now and in the future will secure all
advances under this Plan. Whether additional security may
be required depends on the type of credit requested. If an
advance is requested under a subaccount, which describes property,
that type of property must also be given as security. For
example, a subaccount for an auto loan means the security
will be a car. Exempt funds in an Individual Retirement Account
are not subject to the security interest given in the savings
and deposits except to the extent legally permissible. Funds
from Social Security payments are excluded.
Property given as security under the Plan or for any other
loan may secure all amounts owed to the Credit Union now and
in the future.
If a loan or line-of-credit is secured by stock, a security
interest is granted in the stock being pledged to secure this
loan. A stock assignment form must be completed which is available
from the Credit Union. The line-of-credit will be 70% of the
market value of the stock pledged. If the value of the stock
decreases, the line-of-credit that is secured by the stock
will decrease proportionately. If the value of the stock decreases
and the sub-account balance exceeds the required percentage
of the market value of the stock, additional security must
be immediately offered or payment must be made of the amount
necessary to reduce the outstanding balance to no more than
the stated applicable percentage of the market value of the
pledged stock. Failure to do so, causes default and Credit
Union may exercise all of the remedies provided in this Agreement.
In addition, the Credit Union has the right to sell as much
of the pledged stock as is necessary to reduce the outstanding
balance to the required percentage of the market value of
the remaining stock after the proceeds of the sale have been
applied to the outstanding balance. This Agreement is subject
to the applicable rules and regulations of the government
agencies and the exchanges upon which the stock is traded.
If there is default on any agreement under this Plan, except
for an agreement that is secured by real property, the Credit
Union may, with or without prior notice, sell any of the stock
that is in its possession and apply the net proceeds, after
deducting costs of sale, to the loan balance. Nothing herein
shall obligate the Credit Union to sell any stock at any particular
time and it may decline to sell or sell at its sole discretion.
8. Terms of Default:
You will be in default if:
- Payments are not made on time;
- Failure to comply with all the terms
in this Agreement;
- Any information furnished to the
Credit Union to obtain an advance is false in a material
way;
- The proceeds are not being used
for the purpose stated;
- Bankruptcy or property is taken
by legal proceedings;
- The value of the collateral, as
determined by the Credit Union, is not equal to or greater
than the principal balance plus accrued finance charges,
if any;
- The collateral is not in possession
(i.e., impounded or seized by legal authorities).
While in default, the Credit Union can
demand immediate payment of the entire amount owed under
the Plan without giving advance notice. If immediate payment
is demanded, interest will continued to be paid, at the
applicable interest rates in effect under this Plan, until
what is owed has been repaid. If a demand for immediate
payment has been made, the savings, deposits and any other
collateral given as security for this Plan can be applied
towards what is owed. The Credit Union can also exercise
any other rights given by law when in default.
9. Demand:
The Credit Union may demand immediate payment of the entire
amount owed under this Plan upon a default.
10. Other Provisions:
- No selling, transferring or assigning
any collateral pledged to the Credit Union without prior
written consent of the Credit Union.
- The Credit Union can accept a late
or partial payment, even though marked “payment
in full” without losing any of its rights.
- This credit Agreement is the property
of the Credit Union and from time to time the Credit Union
may obtain credit reports or release credit information
in compliance with the Fair Credit Reporting Act.
- You authorize a current employer
to release to the Credit Union a current home address
for you and to inform the Credit Union of any known or
anticipated termination of employment.
- When advances are made for purchases
secured with a motor vehicle or vessel, you agree to maintain
collision, fire, theft, and comprehensive insurance on
such property naming the Credit Union as a covered party
(loss payee) with a deductible of $1,000.00 or under.
Failing to provide proof of coverage, the Credit Union
may, but is not required to, purchase such insurance coverage
and add the cost to the principal balance. Secured property
may not be moved out of the country without the consent
of the Credit Union.
11. Late Charge:
A late charge will be applied if a payment is fifteen (15)
or more days late. Refer to the Credit Union Fee Schedule
for fee information.
12. Collection Costs:
In the event of any violation of this Agreement or default,
you agree to pay all costs of collection, including the amount
owed under this Agreement and all collection agency fees,
reasonable court costs, attorney fees and other actual expenses.
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13. Canceling or changing this plan:
The Credit Union has the right to cancel this Plan or change
the terms of this Plan from time to time after giving any
advance notice required by law. Any change will apply to future
advances. At the discretion of the Credit Union and subject
to any requirements of applicable law, the change in terms
will also apply to unpaid balances. An increase in the daily
periodic rate under a variable interest rate is not considered
a change in terms under this Plan.
14. Governing law:
This Agreement will be governed by the Federal Credit Union
Act and the laws of the State of New York.
15. Statements and notices:
On a regular basis member will receive a statement showing
all transactions under this Plan during the period covered
by the statement. Statements and notices will be mailed or
available via Online Banking. Notice to any person named on
account will be notice to all.
16. Joint accounts:
If this is a joint account, each authorizes the other(s) to
get advances individually under this Plan. That means an advance
can be made upon the request of only one and that the check
can be issued to only one.
17. Each person liable:
Each of those who agreed to this Plan will be individually
and jointly responsible for paying the entire amount owed
under this Plan. That means the Credit Union can enforce its
rights under this Plan against any one individually or together.
18. No waiver:
The Credit Union can delay enforcing any of its rights any
number of times without losing its rights.
19. Updating information:
Any personal information change must be given to the Credit
Union promptly. This includes moving, a name change, employment
change or any other information provided to the Credit Union.
20. Continued effectiveness:
If the law makes any term(s) of this Plan unenforceable, all
other terms will remain in effect.
21. Authorization for credit review:
The Credit Union may obtain information concerning your credit
worthiness from consumer reporting agencies, both now and
in connection with updates, renewals, and late credit extensions.
22. Credit worthiness:
In addition to any other rights granted in this Agreement
or in law, the Credit Union may terminate this Agreement under
the following conditions:
- Upon adverse reevaluation of your
credit worthiness.
- Upon your failure to comply with
the terms of this Agreement.
23. Other Provisions:
Required insurance coverage may be obtained from the insurer
of choice.
24. USA Patriot Act:
To comply with the USA Patriot Act, Federal law requires all
financial institutions to obtain, verify, and record information
that identifies each person who opens an account. This information
includes name, address, date of birth, and identification
number. The Credit Union may also ask to see a driver's license
or other identifying documents. If this information cannot
be verified by the Credit Union's documentary or non-documentary
methods, the membership can be denied and/or closed.
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B. YOUR
BILLING RIGHTS
This notice contains important information about member
rights and the Credit Union’s responsibilities under
the Fair Credit Billing Act.
1. In case of errors or questions about a statement:
If you think your statement or credit card bill is wrong,
or if you need more information about a transaction on your
statement, write us on a separate sheet at the address listed
on your statement. Write to us as soon as possible. We must
hear from you no later than sixty (60) days after we sent
you the first statement on which the error or problem appeared.
You can telephone us, but doing so will not preserve your
rights.
In your letter, give us the following information:
- Name and account number.
- The dollar amount of the suspected
error.
- Describe the error and explain why
you believe there is an error. If you need more information,
describe the item you are not sure about.
If you do not receive statements it
is your responsibility to inform the Credit Union.
2. Your rights and
our responsibilities after we receive your written notice:
We must acknowledge your notification within thirty (30) days,
unless we have corrected the error by then. Within ninety
(90) days, we must either correct the error or explain why
we believe the statement was correct.
After we receive your notification we cannot try to collect
any amount you question, or report you as delinquent. We can
continue to send statements to you for the amount you question,
including finance charges, and we can apply any unpaid amount
against your credit limit. You do not have to pay any questioned
amount while we are investigating, but you are still obligated
to pay the parts of your statement that are not in question.
If we find that we made a mistake on your statement, you will
not have to pay any finance charges related to any questioned
amount. If we didn’t make a mistake, you may have to
pay finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will
send you a statement of the amount you owe and the date it
is due.
If you fail to pay the amount that we think you owe, we may
report you as delinquent.
However, if our explanation does not satisfy you and you notify
us within ten (10) days that you still refuse to pay, we must
tell anyone we report you to that you have a question about
your statement. And we must tell you the name of anyone we
reported you to. We must tell anyone we report you to that
the matter has been settled between us when it finally is.
If we don’t follow these rules, we can’t collect
the first $50.00 of the questioned amount, even if your statement
was correct.
3. Special rule for credit card purchases:
If you have a problem with the quality of goods or services
that you purchased with a credit card, and you have tried
in good faith to correct the problem with the merchant, you
may not have to pay the remaining amount due on the goods
or services. You have this protection only when the purchase
price was more than $50.00 and the purchase was made in your
home state or within 100 miles of your current mailing address.
These limitations do not apply if we own or operate the merchant,
or if we mailed you the advertisement for the goods or services.
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C. CREDIT
CARD AGREEMENT
The purpose of this Agreement is to establish the terms
and conditions of a Visa/MasterCard Line-of-Credit.
In this Agreement the words “you” or “your”
mean each person who applies for a credit card, signs this
Agreement, or who uses the credit card or duplicate credit
card. “Card” means your credit card and duplicates
of said card. The word “account” means your
credit card revolving credit account. “We,”
“us,” and “our(s)” mean Quorum Federal
Credit Union or anyone to whom the Credit Union transfers
its rights under this Agreement.
You do not have to sign the Agreement, but once you have
accepted, signed or used the Card or the Account, the Agreement
will be enforced.
DEFINITIONS
The following definitions apply to the terminology used
in the Agreement and on your monthly statement:
Account - The Visa Card and/or MasterCard credit
account(s) approved for your use subject to the Terms and
Conditions of this Agreement. Includes Platinum cards.
Annual Percentage Rate - The cost of your credit
at a yearly rate.
Billing Cycle - The time interval between regular
monthly billing statement dates. This interval is considered
to be equal if the number of days in the cycle does not
vary more than four (4) days from the regular date of the
monthly billing statement.
Cash Advance - Credit extended by us to you in
the form of a loan made when you present the Card to us
or to any financial institution honoring the Card, or made
when you use any other credit instrument, device, "Special
Check" (including convenience checks), overdraft coverage
plan or automated teller machine we make available to you,
including automated machines of other financial institutions
that may honor the Card. A Service Fee is applied for each
Cash Advance transaction that is processed on an account.
Please refer to the Credit Union Fee Schedule.
Card - Any Visa card(s) or Visa Platinum Card(s)
and/or MasterCard(s) subject to this Agreement issued to
you by us, or other single credit device being used from
time to time upon presentation to obtain money, property,
labor, or services on credit. "Card" is implied
when you obtain credit by using your account number without
the Card.
Cardholder - The person to whom a Card is issued
upon the request or application of that person or a person
who has agreed with us to pay obligations arising from the
issuance of such a Card to another person.
Closing Date - The date of the last day of a Billing
Cycle.
Credit Line - The maximum amount of credit available
to you as set for the Account by us from time to time.
Finance Charge - The cost of credit extended to
you on the Account resulting from applying a Periodic Rate
to the Average Daily Balances of Cash Advances and Purchases.
New Balance - The Account balance outstanding on
the Closing Date.
Other Charges - Charges to your Account other than
Cash Advances, Purchases, or Finance Charges.
Periodic Rate - The percentage rate of Finance
Charges imposed against a balance for a period. In this
Agreement a "Monthly" Periodic Rate is used.
Previous Balance - The balance of the Account at
the beginning of the Billing Cycle. (It is the same amount
that was shown as "New Balance" on the Closing
Date on the statement for the preceding Billing Cycle.)
Purchases - Extensions of credit by us to you for
Purchases through sellers and lessors of goods, labor, insurance
and/or services that honor your Card.
User - The person(s) authorized by a Cardholder
to obtain credit under an Account whether named in an application
as a User, or otherwise.
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AGREEMENT
1. Line-of-Credit: A Line-of-Credit can
be used from time to time and which may be replenished by
payment of amounts previously drawn.
2. Credit Agreement: Submitting an application
or request establishes your request for the issuance of
the Card. Approval by the Credit Union will establish the
following:
- The credit limit approval shall
be determined by the Credit Union, and this credit limit
will be drawn upon as you utilize an issued Card.
- The Line-of-Credit will be repaid
as follows: either the full amount billed shall be paid
or, at your option, an installment equal to at least the
required minimum payment.
3. Receipt acknowledgment:
Receipt of a copy of this Agreement is acknowledged by submitting
an application or by the acceptance of funds.
4. Finance Charge/Grace Period: A finance
charge (interest) charged on outstanding balances will be
at the periodic rate per month (refer to Credit Union Fee
Schedule), on any outstanding balances that are not repaid
within the allowable “grace period” established
by the Credit Union. Finance charges (interest) are calculated
at the periodic rate per month on the average daily principal
balances of purchases and cash advances on the Account as
disclosed in the Credit Union Rate Sheet. The annual percentage
rate is subject to change upon prior written notice.
In order to avoid a finance charge on purchases made since
the last statement date, the Total New Balance shown on the
statement must be paid within twenty-five (25) days of the
statement closing date. Otherwise, finance charges on purchases
are calculated from the beginning of the next statement period
on previously billed but unpaid purchases. Cash advances are
always subject to finance charges from the date they are posted
to an Account. The Credit Union figures the finance charges
separately for purchases and cash advances on an Account by
applying the applicable periodic rate set forth in the enclosed
Credit Union Rate Sheet to the “average daily balance”
of purchases and to the “average daily balance”
of cash advances (including current transactions). To get
each “average daily balance,” the Credit Union
takes the beginning balance each day, adds any new cash advances
(if calculating the “average daily balance” for
cash advances), and subtracts any payments or credits. This
gives the daily balance. Then, the Credit Union adds up all
the daily balances for the billing cycle and divides the total
by the number of days in the billing cycle. This gives the
“average daily balance.” Convenience checks are
treated as cash advances.
5. Comparative information: Comparative
listings of credit card rates, fees and grace periods can
be obtained from the individual state banking offices.
6. Miscellaneous charges: The cardholder(s)
is (are) responsible for any and all charges incurred.
7. Prepayment penalty: The cardholder(s)
can repay any outstanding balance prior to maturity in whole
or in part without penalty.
8. Terms and conditions: The cardholder must
comply with all of the terms and conditions established by
the Credit Union pertaining to the use of the Card. In the
event the cardholder does not wish to comply with the foregoing
terms and conditions for any reason, the Card must be returned
to the Credit Union, although you will remain liable for all
existing charges.
9. Credit-worthiness: In addition to any
other rights granted in this Agreement or in law, the Credit
Union may terminate this Agreement under the following conditions:
- Upon adverse reevaluation of credit-worthiness.
- Upon failure to comply with the
terms of this Agreement.
- At the Credit Union’s option
if it has good cause.
10. Termination:
If a line-of-credit is to be terminated by the Credit Union,
the cardholder will receive written notice of such termination.
Any such termination shall not affect the obligation to pay
any outstanding balance.
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11. Changing or terminating an Account: The
Credit Union may change the terms of this Agreement or an
Account from time to time after giving any advance notice
required by law. Use of the Card after receiving notice of
a change will indicate agreement of the change. To the extent
the law permits, and indicated in the notice, the change will
apply to an existing account balance as well as future transactions.
Either the Credit Union or cardholder may terminate this Agreement
at any time, but termination by either party will not affect
any obligation to pay the account balance plus any finance
charges and other amounts owed under this Agreement. The Card
remains the property of the Credit Union and must be recovered
and surrendered upon request or upon termination of this Agreement.
Failure to surrender the Card may result in a recovery fee.
12. Authorization for credit review: The
Credit Union can obtain information concerning your credit-worthiness
from consumer reporting agencies, both now and in connection
with updates, renewals, and later credit extensions.
13. Reapplication: A reapplication and approval
by a loan officer may be required if:
- The credit limit is increased, or
- The terms of payment are extended
beyond the terms of the original Agreement.
14. Security interest:
To protect the Credit Union in the event of default, the Credit
Union is granted a security interest in any shares of stocks
or bonds which have been endorsed, delivered, and/or pledged
to the Credit Union as collateral. A security interest is
also pledged and granted against all Credit Union account
balances on which the cardholder is an account owner except
qualified retirement accounts.
15. Late fee: A late fee will be charged
as disclosed in the Credit Union Fee Schedule, which will
be charged on the fifteenth (15th) day after the payment due
date.
16. Delinquency: If a loan becomes delinquent
or past due, the Card may be revoked, unless the Credit Union
determines that extenuating circumstances have contributed
to the delinquency; under such circumstances, the Credit Union
may, at its option, approve continued use of the Card.
17. Default: The Account will be in default
if a payment is not made of the amount required when it is
due on any obligation to the Credit Union. The Account will
also be in default if the cardholder’s ability to repay
is materially reduced by a change in employment, bankruptcy
or insolvency proceeding, or if the cardholder fails in any
way to abide by this Agreement. The Credit Union has the right
to demand immediate payment of the full account balance if
the cardholder defaults, subject to giving any notice required
by law. To the extent permitted by law, the cardholder will
also be required to pay collection expenses, including, but
not limited to, court costs and reasonable attorney fees.
Default on a Credit Union Account may cause any outstanding
balance to be treated as an unsecured loan and may be consolidated
with an existing or preexisting Signature (Personal) loan.
18. Surrender of cards: Any and all Cards
issued must be returned at the Credit Union’s request
upon the happening of any of these events:
- Notice of termination of the Agreement
as a result of reevaluation of credit-worthiness.
- Upon failure to comply with the
terms of this Agreement including timely payments.
- Use of the Card by persons other
than those authorized under this application.
- For any other cause for termination
of the Agreement as contained herein.
19. Liability: Total
liability to the Credit Union shall not exceed $50.00 for
any Card transactions resulting from the loss, theft, or other
unauthorized use of the Card that occurs prior to the time
notice has been given to the Credit Union. Such liability
does not apply when the Card is used to make an electronic
fund transfer.
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20. Loss or theft of card and liability for unauthorized
use: If a Card or PIN is lost or stolen, immediately
notify the Security Department at (800) 449 7728. Cardholders
may be liable, within legal limits, for the unauthorized use
of a Card. The cardholder will not be liable for unauthorized
use that occurs after notifying the Credit Union of the loss,
theft, or possible unauthorized use.
21. Questions: Please let the Credit Union
know right away if there are any questions about a statement
or Account. If an error is suspected, refer to “Your
Billing Rights” included in this disclosure or that
accompanies the statement. This explains rights to dispute
billing errors.
22. Monthly Payment: Each month the cardholder
must pay at least the monthly payment shown on the statement
within twenty-five (25) days of the statement closing date.
Payments may be made more frequently, more than the minimum
payment, or the total new balance in full. If extra payments
or larger payments are made, the cardholder is still required
to make at least the minimum payment each month the Account
has a balance. The minimum payment is $25.00 or 2% of unpaid
balance, whichever is higher; or total balance if less than
$25.00. In addition, at any time the total new balance exceeds
the credit limit, the excess must immediately be paid on demand.
The Credit Union may apply payments to what is owed in any
manner the Credit Union chooses.
23. Responsibility: If the Credit Union issues
a Card, the cardholder agrees to repay all debts and the finance
charges arising from the use of the Card and the Account.
The cardholder is also responsible for charges made by anyone
else to whom the Card has been given, and this responsibility
continues until the Card is recovered. The cardholder cannot
disclaim responsibility by notifying the Credit Union, but
the Credit Union will close the Account to new transactions
if requested and upon return of all Cards. If either party
closes the Account, the Card(s) must be surrendered to the
Credit Union.
24. Using the Card: The Card issued may be
used to make purchases from merchants and others who accept
credit cards. In addition, cash advances may be obtained from
the Credit Union, from other financial institutions participating
in the Visa or MasterCard program and from automated teller
machines (ATMs) that provide access to the Visa or MasterCard
system. A Personal Identification Number (PIN) is required
to obtain a cash advance from an ATM. The Credit Union is
not responsible for the refusal of any merchant or financial
institution to honor the Card.
25. Returns and adjustments: Merchants and
others who honor the Card may give credit for returns or adjustments,
and they will do so by sending the Credit Union a credit slip
which we will post to the Account. If the credits and payments
exceed what is owed to the Credit Union, this credit balance
will be held and applied against future purchases and cash
advances, or if it is $1.00 or more, we will refund it automatically
after three (3) months.
26. Foreign transactions: Purchases and cash
advances made in foreign countries and foreign currencies
will be billed in U.S. dollars. The conversion rate to dollars
as well as foreign conversion fees, plus an International
Service Assessment fee of 1% of the international transaction
amount will be made as of the date the transaction is posted
to the Account, in accordance with the operating regulations
for international transactions established by Visa and MasterCard.
27. Effect of agreement/waiver: This Agreement
is the contract which applies to all transactions on an Account
even though the sales, cash advances, credit or other slips
signed may contain different terms. The Credit Union can delay
enforcing any of its rights any number of times without losing
them.
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28. Statements and notices: A statement will
be sent each month showing transactions on an Account. The
cardholder is responsible for the minimum monthly payment
even in the event the statement is late or returned to the
Credit Union. Statements and notices will be mailed/e-mailed
to the most recent mailing/e-mail address given to the Credit
Union.
29. The Credit Union may enforce
its consensual security interest or setoff all or any part
of the entire balance due under this Agreement against any
obligation the Credit Union may have, now or hereafter to
pay money to the cardholder. This includes:
- Any deposit account balance with
the Credit Union whether term, savings, checking or money
management account; and
- Any money owed on an item presented
or in the Credit Union's possession for collection or
exchange; and
- A repurchase agreement or any other
non-deposit obligation.
If the right to receive money from the Credit Union is
also owned by some other person who has not agreed to
pay this debt (such as another depositor on a joint account),
the Credit Union’s right of setoff will extend to
the amount of money which could be withdrawn or paid directly
to the cardholder on request or endorsement alone. In
addition, where payment may be obtained only with the
endorsement or consent of someone who has not agreed to
pay this debt, the Credit Union’s right of setoff
will extend to the cardholder’s interest in the
obligation.
The Credit Union’s right of setoff will not apply
to an account or other obligation if it clearly appears
that the cardholder’s rights in the obligation are
solely fiduciary for another, or to an account which,
by its nature and applicable law (for example, an IRA
or other tax deferred retirement account), must be exempt
from the claims of creditors.
The Credit Union’s right of
setoff may be exercised upon default (except when prohibited
by law):
- Without prior demand or notice;
and
- Without regard to the number or
credit-worthiness of any persons who have agreed to pay
this note.
The cardholder will not be liable
for wrongful dishonor of a check, draft or other request for
payment where there are insufficient funds in the Account
(or other obligation) to pay such request arising as a result
of the Credit Union's exercise of this right of setoff. The
cardholder agrees to hold the Credit Union harmless from the
claims of any person arising as the result of our exercise
of this right.
30. The cardholder also agrees to all of the following:
- Transfer of Account: The Account
cannot be transferred to any other person.
- Change of Address: Advise the Credit
Union promptly if there is a change in a mailing address.
All notices and statements will be sent to the address/e-mail
address as it appears on the Credit Union records.
- Credit Reports: The Credit Union
may make any credit, employment and investigative inquiries
as deemed appropriate for the extension of credit or collection
of amounts owing on the Account. The information concerning
the Account or credit file can be furnished to consumer
reporting agencies and others who may properly receive
that information.
The Credit Union's Credit Committee may review the loan
file periodically, and they may investigate and reassess
the cardholder’s credit-worthiness.
- Special Checks: If the Account is
in good standing, the Credit Union may grant the privilege
of using "Special Checks" (or convenience checks)
in connection with the Account. If so, the Special Checks
may be used either to pay participating merchants for
goods and services, or to obtain advances of funds from
participating financial institutions.
Use of a Special Check results in a cash advance, even
when the Special Check is used to purchase goods or services.
The terms of this Agreement apply to Cash Advances obtained
through the use of a Special Check as if the Cash Advance
had been obtained solely through the use of the Card.
The Credit Union reserves the right at all times to decide
whether to issue Special Checks, and to decide how many
Special Checks to issue. Also, the Credit Union may establish
limits on the amount for which any Special Check or group
of Special Checks may be written. The cardholder agrees
not to exceed the Credit Line. If a Special Check exceeds
the Credit Line or would cause the Credit Line to be exceeded,
the Credit Union may refuse to honor it. The Credit Union
may terminate Special Check privileges at any time without
notice. Special Checks may not be used to pay amounts
owed on the Account.
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D. PLATINUM
VISA POINTS PROGRAM
(CURewards)
- Every dollar in qualifying purchases,
net of returns, you charge to your credit card account
eligible in this Rewards Program (“Program”)
earns you one Point (“Point”) as provided
for in these Rules. No points are earned for finance charges,
fees, cash advances, convenience checks, foreign transaction
currency conversion charges, or insurance charges posted
to the account. Charges or transactions may be added to,
or removed from, the above of eligible charges and transactions
from time to time at the sole discretion of the Program.
Any questions as to what constitutes an eligible charge
shall be resolved at the sole discretion of the Program.
Points for this Program begin to accumulate with purchases
you make beginning on the first day of the billing cycle
in which your Program begins and ending on the last day
of the last billing cycle of the announced duration of
your Program. Points earned from net purchases and point
adjustments made between billing cycles will be deemed
as earned after being posted to your next monthly card
statement.
- Points can be used to order the
gift/travel awards described in the current brochure or
the Program website, which may be updated from time to
time. You may select gift/travel awards from any level,
subject to availability, as long as you have the necessary
number of Points posted to your account as of your previous
month’s account statement. Point requirements assigned
to any award are subject to change from time to time without
notice, and gift/travel awards may be substituted at any
time. Award suppliers have agreed that, to the best of
their ability, merchandise featured in this Program will
be available in sufficient quantities to meet expected
demand. However, there may be instances in which product
demand exceeds supply, in which case the Program reserves
the right to substitute a similar item of equal value
or withdraw the offer for that product. If it is not replaced
you will be advised to make an alternate selection.
- Gifts will be shipped via a parcel
delivery service or by the US Postal Service and should
arrive in 4-6 weeks after the order is received; otherwise,
you will receive an acknowledgement stating the anticipated
alternative delivery date, except as noted on items shipped
directly from the manufacturer. There will be no charge
for Standard Delivery. Shipments cannot be made to a post
office box or outside the 50 United States and its territories.
No international shipments are permitted. A street address
and home phone number are required to accept an order.
- Final gift/travel award orders must
be postmarked no later than two months after the final
date of the Program in order to be valid for gift redemption.
You should contact the Credit Union (“Sponsor”)
for full details on eligibility dates.
- A product, which is received damaged
or defective, may be returned to the shipper within ten
(10) days of receipt for replacement. All parts, instructions,
warranty cards and original packaging materials must be
returned with the product. Instructions on how to return
such damaged merchandise will be included with each shipment.
Be sure to note any exceptions, damages or shortages on
the delivery receipt before signing to accept freight
shipment delivery from the carrier.
- The merchandise offered in this
Program may be subject to standard manufacturers’
warranties. Any warranty information will accompany the
merchandise shipment. The Program makes no warranty, express
or implied, concerning the merchantability or fitness
for a particular purpose of products and/or services provided
through this Program. Warranty claims must be directed
to the manufacturer.
- Points have no cash value.
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- Points in this Program cannot be
exchanged for cash or credit, may not be used with any
other offer, promotion or discount, cannot be combined
with cash to obtain gift/travel awards, cannot be earned
from or transferred to or combined with any other credit
card account’s points for redemption and cannot
be used to pay off any obligation on your account.
- The Participant’s periodic
statement will normally include the number of points earned,
subject to adjustment as provided for in these Rules.
Points will be deducted from the total points available
for redemption for any returns or credits reflected on
the credit card account billing statement. Points deducted
for credits to the account will be at the same rate at
which the original charges earned those points. Your credit
card account may be charged for the actual cash difference
between the cost of the award redeemed and the net value
of the actual points available for redemption in the event
you should redeem unearned Points.
- Accounts must be open (not canceled
or terminated by either party) at time of redemption.
Awards are not available if you are in default under the
Card Agreement. The Credit Union reserves the right to
suspend your participation in the Program until the account
is in good standing.
- Points may be forfeited due to Rules
violations.
- This Program is void where prohibited
or restricted by law.
- You are responsible for any federal,
state or local income or other taxes or gratuities, if
applicable.
- You agree to hold the Credit Union
and Payment Services for Credit Unions, Inc. (PSCU) and
any vendors associated with the Program, as well as any
credit card association that the Credit Union is a member
of (“Association”), totally harmless if the
Credit Union fails to meet its contractual and other obligations
with PSCU which results in the Program being interrupted
or terminated prior to giving you the opportunity to redeem
the Points or receive the gift/travel awards. Also, you
agree to hold the Credit Union and/or PSCU harmless if
a vendor files for bankruptcy or otherwise goes out of
business, after Points are redeemed for a gift/travel
award from the vendor but before the Participant was able
to receive the award.
- Each Point earned is valid for three
(3) years. After three (3) years Points will expire and
will be removed from the account.
- Certain restrictions may apply to
travel certificates, tickets and documents. Travel certificates,
tickets and documents are not exchangeable, refundable,
transferable or redeemable for cash. All travel certificates,
tickets and documents will be mailed first class U.S.
Mail and will not be replaceable in the event of loss,
destruction or theft. You may request travel certificates,
tickets and documents to be delivered by overnight carrier
and you agree to pay the associated additional delivery
fees by credit card.
- This Program is available to credit
card account holders (“you”) when the Credit
Union: (i) has enrolled as a sponsoring member of PSCU;
and (ii) has contracted with PSCU for this Program for
you. All Program Rule determinations by PSCU are final.
Your use of the credit cards following receipt of these
Rules will indicate your agreement to comply with and
abide by these Rules.
- The Program reserves the right to
terminate the program or portions thereof at any time
without restriction or penalty. This means that regardless
of your level of activity in the program, the ability
to accumulate points or claim awards can be terminated
with or without prior notice.
- The list of airlines, hotels, rental
car companies, tour companies and any other listed award
available in the Program is subject to change and may
be discontinued in whole or in part without notice.
- All travel awards are subject to
specific terms and conditions. Airline reservations must
be made twenty-one (21) days in advance of travel, require
a Saturday night stay and may have restrictions, blackout
dates, and exclusions. The program reserves the right
to book all airline tickets on the carrier with the lowest
available fare for the round trip between the cities requested.
Certificates have no value except when used under the
terms and conditions accompanying them. The terms and
conditions of any travel offer may be amended by the Program
at any time. Certificates and tickets issued for airline
travel must be issued in the name of the redeeming credit
card account holder (excluding authorized users). A complete
list of terms and conditions is available on the Program
website or from the Credit Union. The Program is not responsible
for the performance of the airlines of the ticketed transportation.
All reservations are made subject to the conditions of
carriage, supply or business of the party providing the
service, which include exclusions and limitations of liability.
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- All travel awards are subject to
the rules and restrictions imposed by the individual travel
companies, airlines, hotels, rental car, cruise line and
tour companies. Compliance with these rules is your responsibility.
Airline tickets are not refundable nor may they be returned
to the Program for a credit of points to the original
account. They are non-changeable unless permitted by the
airline issuing the ticket. Fees that apply due to permitted
changes by the airline are the responsibility of the traveler.
En-route stopovers are not permitted unless they are to
make direct connections within the carrier’s rules.
Air travel must be all on the same airline. Minimum or
maximum stays required by the carrier may apply.
- Issuance of some travel certificates
does not constitute a reservation. In such cases the certificate
holder is responsible for making all reservations with
the company that issues the certificate.
- Every effort has been made to ensure
that the information in the Program communications is
accurate. The Program is not responsible for errors or
omissions and reserves the right to correct such errors
at any time, even if it affects a pending award redemption
order.
- The Credit Union may choose to add
local additional rules and program opportunities at any
time.
- A complete list of Program Rules
is available at the program website or in paper form.
E.
CHECKING RESERVE LINE-OF-CREDIT AGREEMENT
Each member included on the Checking Account Application,
authorizes the Credit Union to establish a Checking Reserve
Line-of-Credit (if selected). The Credit Union is authorized
to pay transactions and to charge all such payments against
the deposit in the checking account. It is further agreed
that:
- Only transactions, approved by the
Credit Union, may be used to make withdrawals from the
checking account.
- The Credit Union is under no obligation
to pay a transaction that exceeds the available balance
in the checking account. However, a transaction that exceeds
such balance and results in the checking account being
overdrawn, the Credit Union may:
- When a checking account is overdrawn,
the amount will be treated as a request for an advance
on the Checking Reserve account, providing there is
enough credit available; or
- If a loan advance is not possible,
the Credit Union may nevertheless, pay such amount and
transfer funds to the checking account in the amount
of the resulting overdraft, plus an overdraft fee, from
any other account that has funds eligible for withdrawal.
- When paid, checks become the Credit
Union’s property and will not be returned either
with the periodic statement or otherwise.
- Except for negligence, the Credit
Union is not liable for any action taken regarding the
payment or nonpayment of a check.
- Access to a Checking Reserve Overdraft
Line-of-Credit is authorized through ATM access.
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F. CUNA
MUTUAL GROUP
(800) 621-6323
Important: This is a specimen certificate
for benefit description purposes only. If you protect your
loan with credit disability and/or credit life, you will
receive a separate certificate.
Notice: The benefits are paid to the creditor
upon death or disability to extinguish or reduce your indebtedness.
The amount of the benefit may not be sufficient to extinguish
the total principal indebtedness nor cover payment of all
the unpaid scheduled installments under the loan, even if
your account is paid on a current basis.
BENEFITS
Benefits are paid to your credit union to pay off or reduce
your loan. If the benefits are more than the balance of
your loan, the difference will be paid to you if you are
living or to the Beneficiary named by you, if any, or to
your estate.
Death Benefit. If you die while you are
insured for life coverage, CUNA Mutual will pay the principal
balance of your loan on the date of your death, plus not
more than six (6) months unpaid interest on your loan to
that date, not to exceed the Maximum Amount of Life Insurance.
Joint Insured Death Benefit. If your joint
insured dies while insured for life coverage, CUNA Mutual
will pay on the same basis as above. Only one (1) death
benefit, however, is payable under the certificate.
Total Disability Insurance Benefit. If you are
insured for disability coverage, CUNA Mutual will pay a
benefit if you file written proof that you became totally
disabled while insured and continue to be totally disabled
for longer than the period stated in the Schedule. Payment
will be calculated beginning with the day shown in the Schedule.
The monthly benefit for each month of your disability to
be compensated will be equal to the minimum monthly payment
required on your loan on the date you became disabled. For
a partial month, each daily benefit will be equal to 1/30th
of the monthly benefit.
The monthly benefit payment will not exceed the Maximum
Monthly Total Disability Benefit stated in the Schedule.
Benefit payments will stop on the date:
- You are no longer totally disabled;
or
- The insured portion of your loan
has been repaid or otherwise stops; or
- Of your death.
Definition of Total Disability.
During the first twelve (12) consecutive months of total disability,
Total Disability means that you are not able to perform most
of the duties of your occupation because of a medically determined
sickness or accidental injury and are under the care and treatment
of a physician. After the first twelve (12) consecutive months
of Total Disability, the definition changes and requires that
you not be able to perform the duties of any occupation for
which you are reasonably qualified by education, training,
or experience. You will be required to give us proof of your
continuing Total Disability from time to time.
If your Total Disability recurs within seven (7)
days after you have recovered from that period of Total Disability,
CUNA Mutual will consider this a continuation of that period
of Total Disability. However, if your Total Disability recurs
more than seven (7) days after you have recovered, CUNA Mutual
will consider it a new period of Total Disability.
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EXCLUSIONS AND RESTRICTIONS
Misstated Age. If you stated you are under
the Maximum Age for Insurance stated in the Schedule, but
you are not, CUNA Mutual will return your premium when this
is discovered and will not pay any benefits. This applies
to disability coverage as well as life coverage on you and
your joint insured.
Total Disabilities Not Covered. CUNA Mutual
will not pay a claim for any advance on a loan or return
your disability insurance premium if your Total Disability:
- Begins within six (6) months after
the effective date of insurance on the advance and results
from any disease (exclusive of acute infectious diseases
of the upper respiratory tract and other diseases generally
considered medically as not affecting future health) or
bodily injury for which you received medical advice, diagnosis
or treatment at any time within the six (6) month period
immediately preceding the effective date of insurance
on the advance.
WHEN INSURANCE STOPS
This insurance automatically stops:
- On the last day of the month in
which we receive your written request to stop the insurance;
or if earlier,
- On the last day of the month in
which you withdraw your authorization for the addition
of charges for the insurance to your loan; or
- On the date your loan stops; or
- On the last day of the month in
which you are three (3) months delinquent in any payment
on your loan; or
- On the date the Group Policy stops;
or
- On the date of your death; or
- On the date your loan is transferred
to a creditor other than the credit union; or
- On the last day of the month during
which you reach the Maximum Age for Insurance.
WHAT THE CONTRACT IS AND HOW
YOUR STATEMENT AFFECTS IT
The Group Policy, the Application for the Group Policy and
the Member’s Application are the complete contract
of insurance. All statements made by you are considered
to have been made to the best of your knowledge and belief.
No statement can be used to void this insurance or deny
a claim unless that statement is signed by you. After two
(2) years from the date of insurance, no statement made
by you can be used to void this insurance or deny a claim.
HOW TO FILE A LIFE CLAIM
CUNA Mutual must be given a claim report, a copy of the
member’s loan records, insurance application/certificate
and a certified copy of the death certificate (or other
lawful evidence) as proof of a life insurance claim.
HOW TO FILE A TOTAL DISABILITY
CLAIM
You must contact the Credit Union about your Total Disability
claim when you are eligible for benefits. Your credit union
will provide you with claim forms or you can simply send
CUNA Mutual written proof of your disability. That proof
must show the date and the cause of the Total Disability
and how serious it is, and it must be signed by a physician
or a chiropractor. The initial proof should be for the initial
period of Total Disability, after you have completed the
Waiting Period of Elimination Period. After that, CUNA Mutual
will require proof of your continued disability, from time
to time.
You must send proof to CUNA Mutual within ninety (90) days
after your Total Disability stops. If you cannot send proof
to CUNA Mutual within ninety (90) days, you must do so as
soon as you can. Unless you have been legally incapable
of filing proof of Total Disability, CUNA Mutual won’t
accept it if it is filed after one (1) year from the time
it should have been filed. You can’t start any legal
action until sixty (60) days after you send CUNA Mutual
proof of your Total Disability and you can’t start
any legal action more than three (3) years after you send
the proof.
CONFORMITY WITH STATE STATUTES
Any part of the Group Policy which, on the Effective Date
of the Group Policy, conflicts with the statutes of the
state where the Group Policy was delivered is changed to
conform to the minimum standards of those statutes.
PHYSICAL EXAMINATION
CUNA Mutual, at its own expense, has the right and you must
allow them the opportunity, to examine your person as often
as is reasonably required while a claim is pending.
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