TRUTH-IN-SAVINGS
AND OTHER ACCOUNT DISCLOSURES
DEFINITIONS
PART I. Terms and Conditions of Accounts
PART II. Terms and Conditions Applicable to Ownership
PART III. Taxpayer Identification Numbers (TIN) and Backup
Withholding
PART IV. Electronic Services Disclosures
PART V. Error Resolution
PART VI. Privacy Notice Disclosure
DEFINITIONS:
For purposes of this Disclosure, the following definitions
apply:
Cashier's check means any check
which is subject to the following:
- The check is drawn on a depository institution.
- The check is signed by an officer or authorized employee
of the depository institution.
- The check is a direct obligation of the depository institution.
Certified check means any
check with respect to which a depository institution certifies
the following:
- The signature on the check is genuine.
- The depository institution has set aside funds that are
equal to the amount of the check and will be used only to
pay that check.
Item and Instrument means
a check, negotiable order of withdrawal, warrant or money
order.
Official Bank check
means any check issued by a depository institution and drawn
on another depository institution.
Local check means any check drawn on a depository
institution located within the same Federal Reserve District
as that of the branch where the deposit is being made. "Local
paying bank" is defined as a paying bank to which a check
is sent for forward collection located in the same check-processing
region as the branch or proprietary ATM of the depository
bank. A bank may rely on the routing number on a check in
identifying a local check provided that it sends the check
for payment or collection based on that routing number; consequently,
a person can determine which checks are local by reference
to the routing number.
Non-local check means any check drawn on a depository
institution located outside of the Federal Reserve District
as that of the branch where the deposit is being made.
Personal check means any check drawn on the account
of a natural person.
First endorsed means any check endorsed and being
deposited by the first payee.
Third party means any check payable to and being deposited
by someone other than the first payee.
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PART I. TERMS
AND CONDITIONS OF ACCOUNTS
A. DISCLOSURE FOR CHECK
CLEARING POLICIES, AVAILABILITY OF FUNDS AND COLLECTION
OF ITEMS
Generally, the Credit Union makes the
following types of deposits made in person available on
the same day of deposit:
Cash; Wire Transfers; first endorsed Cashier's checks; Certified
checks; Sponsor related Corporation Payroll checks; Federal,
State, and Local Government checks; Official Bank checks;
Postal Money Orders; Traveler's cheques; checks drawn on
the Credit Union; all Electronic Funds Transfer (EFT) items.
First endorsed local or non-local checks have $2,500 made
available on the same day of deposit. The funds remaining
from local checks and non-local checks will be available
on the second and fifth Business Day following the day of
deposit respectively.
Deposits made at a Quorum Federal Credit
Union ATM or Kiosk will have the first $2,500 made available
on the same day of deposit. A United States Treasury check
deposited at an ATM or Kiosk greater than $2,500 will be
made available the next Business Day. Any other deposits
greater than $2,500 will be made available on the second
Business Day following the day of deposit.
Checks cashed by Credit Union members
drawn on another bank may have the availability withheld
of a corresponding amount of funds that are already in the
member’s account. Those funds will be available at
the time funds from the check the Credit Union cashed would
have been available if deposited.
Even after the Credit Union has made funds available and
those funds have been withdrawn, the member is responsible
for checks deposited that are returned unpaid and for any
other problems involving the deposit.
Funds deposited by check may be delayed for a longer period
under the following circumstances:
- The account is considered a New Membership account (see
Special Rules for New Members).
- The Credit Union believes a check deposited will not
be paid.
- The re-deposit of a check that has been returned unpaid.
- The account has been overdrawn six (6) or more separate
or consecutive Business Days within six (6) months.
- Checks deposited total more than $5,000 on any one day.
- Deposits made at a Quorum Federal Credit Union ATM (Automatic
Teller Machine), and/or Kiosk on a non-Business Day will
not be processed until the next Business Day.
- An emergency condition exists.
The Credit Union will notify the
member by mail or email if there is a delay in the ability
to withdraw funds for any of these reasons, and when the
funds will be available.
Special Rules For New Members:
In some cases the Credit Union will accept initial funding
of an account(s) by Electronic Transfer (ACH) and/or Credit/Debit
card. The Credit Union will collect these funds by originating,
through a third-party service provider. Upon receipt, these
funds will be made available.
For the first thirty (30) calendar days after a new membership
account has been established, the policy for same day availability
does not apply; the following rules do apply:
- All cash, first endorsed Cashier's checks; Certified
checks; Sponsor related Corporation Payroll checks; Federal,
State, and Local Government checks; Official Bank checks;
Postal Money Orders; Traveler's cheques; checks drawn on
the Credit Union that are made in person to a Credit Union
employee are available on the day of deposit.
- All wire transfers and EFT items (Direct Deposit) are
available on the day of deposit.
- For all other deposits, the first $100 will be available
immediately (daily limit, not per deposit), and the remainder
will be held until the ninth Business Day after the day
of deposit.
Special Rules For Credit Union
Shared Service Centers:
- Checks deposited at a Credit Union Shared Service Center
will be held in accordance with that location's check hold
policy. Due to the nationwide coverage, the Credit Union
cannot govern the way in which checks are handled in different
states and countries.
- Individual Check Clearing Policies for Credit Union Shared
Service Centers are available at each location.
Special Rules For Foreign
Items/Collection Items:
Certain items, such as insurance drafts,
dealer drafts or checks drawn on a foreign bank, will be handled
as a collection item. When an item submitted for collection
is finally and irrevocably paid, the account will be credited.
If certain other deposited items cannot be processed through
the normal check processing system, the Credit Union, as an
agent, may send them for collection.
Collection items include: damaged or mutilated items; checks
with provisional instructions or restrictive endorsements;
checks drawn on foreign banks and not payable through a U.S.
bank; checks not payable in U.S. dollars; and items not properly
encoded with MICR numbers located at the bottom of the check.
Collection items cannot be made available until the Credit
Union receives U.S. funds. Collection items are subject to
the Credit Union's Fee
Schedule. Payment of foreign currency
items may be subject to governmental restrictions and could
be delayed in collection. The actual currency conversion rate
cannot be quoted or specified in advance.
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B. PAYMENT OF DIVIDENDS AND SPECIFIC
ACCOUNT CONDITIONS
The frequency and conditions upon which
dividends are paid are in accordance with Bylaws of this
Credit Union and are paid as permitted by the Federal Credit
Union Act and Regulations.
The Credit Union uses the daily balance
method to calculate dividends. This method applies a daily
periodic rate to the balance in the account each day that
the minimum required balance, if applicable, is met. Dividends
accrue on a 365-day basis and begin as of the date of deposit
to the date of withdrawal and are accrued daily, compounded
and posted monthly on all account types as outlined below.
Paid dividends remaining on deposit will earn dividends
at the same rate on the same terms. Any accrued dividends
not yet posted will be forfeited if any account is closed.
Federal Law prohibits the guarantee of dividends
since dividends are based on available earnings at the end
of the dividend period.
1. SAVINGS ACCOUNTS
All Credit Union savings accounts are
variable rate accounts, meaning the dividend rate and annual
percentage yield may change after the account is opened.
The dividend rates are subject to change daily and are established
by the Credit Union’s Management.
Transaction Restrictions:
To meet Federally mandated restrictions, the following withdrawal
and transfer limitations will apply to transactions you
perform on any of your savings accounts: Basic Savings,
Money Management, Mortgage Payment and Name-Your-Own Savings
account:
You will be limited to performing six (6) of the following
types of transactions per month:
- Transfers made via Online Banking including e-mail (internet
account access)
- Transfers via VoiceConnect (automated phone system)
- Transfers made over the telephone with a Credit Union
representative
- Transfers requested by fax
- Pre-authorized Credit Union Automatic Transfers
- Pre-authorized Electronic Transfers (ACH)
- Overdraft Transfers
- Withdrawals through Online Banking, VoiceConnect, over
the telephone with a Credit Union representative or fax
Transfers and withdrawals to pay
Credit Union Loans are excluded.
Of the six (6) transactions allowed per
month, when transfers are made via Online Banking,
VoiceConnect, over the telephone with a Credit Union representative
or fax, only three (3) of the six (6) transactions may be
of the following types:
- Check withdrawals to a third party
- Check Card Point of Sale (POS) transactions
- Pre-authorized recurring transaction
A. Basic Savings Account:
Dividends: Dividends are paid on all funds
on deposit and are posted monthly.
Conditions: The minimum balance required to open
and to maintain active status and membership is $25.
B. Holiday Club Account:
Dividends: Dividends are paid on all funds on deposit
and are posted monthly.
Conditions: The minimum balance required to open
and maintain active status is $0.01.
The Holiday Club Account renews automatically each year.
Dividends and principal deposits are disbursed each year
in October. The funds will automatically transfer into a
Basic Savings account. There is a fee for early withdrawals
(refer to the Credit Union Fee
Schedule).
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C. Name-Your-Own Savings Account:
Dividends: Dividends are paid on all funds on deposit
and are posted monthly.
Conditions: The minimum balance required to open
and to maintain active status and membership is $0.01.
D. Money Management Account:
Dividends: Dividends are paid on all funds on deposit
and are posted monthly.
Conditions: The minimum balance required to open
and to maintain active status is $0.01.
E. Living Trust Account:
The Credit Union will open Trust Accounts that meet all Credit
Union requirements. It is your responsibility to seek legal
counsel in reference to opening this type of account.
F. Individual Retirement Account (IRA):
Dividends and conditions: See IRA Simplifier and
Agreement when issued.
Member may not pledge any of the savings on deposit in an
IRA as collateral security for any loan(s).
Certain Federal and State penalties apply to amounts withdrawn
from an IRA. These are set forth in the applicable Federal
and State laws and regulations.
There is an administration fee for all premature withdrawals
prior to age 59-½ and outgoing transfers to another
institution as set forth in the Credit Union Fee
Schedule.
2. TERM ACCOUNTS
Maturity: All term accounts will automatically
renew at maturity for the same period as the original term
unless the funds are withdrawn at maturity. In addition,
any automatic monthly transfers made into a MoneyBuilder
Term Account will continue unless the account is not renewed.
The Credit Union will send out notifications at least thirty
(30) days before the maturity date and will offer a seven-day
grace period beginning on the date of maturity, in order
to make changes to the term account.
Withdrawals: The principal invested in
any term account may not be withdrawn until maturity. If
the Credit Union allows a withdrawal of principal prior
to maturity, there will be a penalty for any amount withdrawn
(refer to the Credit Union Fee
Schedule). If the withdrawal
causes the principal to fall below the minimum balance required,
the term account will be closed and the member will receive
the balance less the appropriate penalty (minimum of $20).
There is no penalty when the withdrawal follows the death
of the primary owner of the account.
A. MoneyBuilder Term Account:
Dividends: Dividends are paid on all funds on deposit
for each day a balance of $500 or more is maintained. Dividends
are paid monthly and at maturity. Dividends can either be
added onto the Term Account balance or transferred to another
Credit Union account.
Conditions: The minimum balance required to open
is $500; to maintain an active status, an automatic transfer
(from a Credit Union savings or checking account) of no
less than $25 must take place monthly. Additional funds
can be deposited at any time during the term of the account.
B. Term Savings Account:
Dividends: Dividends are paid on all funds on deposit
for each day the member maintains a $1,000 balance and are
posted monthly.
Conditions: The minimum balance required to open
and maintain active status is $1,000.
C. IRA Term Savings Account:
Dividends: Dividends are paid on all funds on deposit
for each day the member maintains a $1,000 balance and are
posted monthly.
Conditions: The minimum balance required to open
and maintain active status is $1,000.
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3. CHECKING ACCOUNTS
- The Credit Union is neither obligated
to nor liable for refusal to pay funds from this account
when the account has insufficient funds available or against
a stale item (an item presented for payment six (6) months
or more past its date).
- The Credit Union may pay and charge to an applicable
account, items drawn by and payable to any persons or organizations
that were authorized by providing the magnetic-ink character
recognition (MICR) number and account information verbally
or otherwise provided there are sufficient funds in the
account to pay such items. The Credit Union’s rights
with respect to such items shall be the same as if it were
an item drawn and signed by the member.
- The Credit Union may pay and charge to an applicable
account an electronic check conversion (ECK), which is a
one-time electronic transfer from a member’s account
initiated by a check or draft where it is used as a source
of information. The Credit Union’s rights with respect
to such items shall be the same as if it were an item drawn
and signed by the member.
- If the Credit Union has made a good faith payment to
a holder, the Credit Union may charge the member’s
account according to the original terms of the check or
Automated Clearing House (ACH) entry.
- Authorized account holders may place a Stop Payment of
any check (except certified and
Cashier’s checks) payable against that account, provided
such order is timely and affords the Credit Union a reasonable
opportunity to place the Stop Payment order on its system
prior to the check clearing the account. ACH Stop Payment
orders must be received at least three (3) Business Days
prior to the transaction effective date. There is a fee
associated with Stop Payments (refer to the Credit Union
Fee
Schedule). Any Stop Payment placed on a check number
that includes a dollar amount will result in an Electronic
Transfer (ACH) Stop Payment for the same dollar amount.
There is no fee for an ACH Stop Payment under this circumstance.
Stop Payment orders shall be valid no longer than six (6)
months, unless renewed. The Credit Union will mail or e-mail
a confirmation notice of the Stop Payment. If there are
any questions regarding the Stop Payment or to remove the
Stop Payment request, contact the Credit Union immediately
by calling (800) 874 5544 or (914) 641 3700.
- The Credit Union may without liability accept, pay, guarantee
or charge items to an account in any order.
- In the event an item is returned in error, liability
shall be limited to the amount of the check. In the event
of a returned check or other debit on an account, the Credit
Union’s determination of whether sufficient funds
exist in the account may be made at any time between the
time the check is received and the time it is returned.
- In the event an item is presented on a checking account
and is delayed or misrouted due to markings placed on the
check by the member or endorser, the member will hold the
Credit Union harmless and indemnify it from any liability.
- Member agrees that overdrafts, if paid in excess of funds
in any loan or savings account, are payable on demand. If
overdrafts are to be covered by a transfer of funds from
any of the member’s other Credit Union accounts, such
transfer(s) will generally be made only if there are sufficient
funds on deposit at the time of transfer. The member understands
that for each overdraft or transfer, the accounts will be
assessed a fee as set forth in the Credit Union Fee
Schedule.
- No funds in this account may be pledged as collateral
security for any loan(s).
- The Credit Union must be notified immediately if checks
are lost or stolen.
- As a convenience, the Credit Union will submit the initial
order and reorders for personalized checks to a check vendor.
The check vendor will mail the checks either directly to
the member and the cost of the delivered checks ordered,
plus applicable sales tax and delivery charges, will be
charged to the corresponding checking account.
- The Credit Union is not responsible for any delays or
errors in processing a check order due to the quality of
the checks or the MICR encoding that appears on the checks.
- This is a truncated checking account. Checks are provided
with carbonless copies, and are not returned with statements.
Check copies are available for a fee (refer to the Credit
Union Fee
Schedule). If the checks were not ordered through
the Credit Union’s check vendor, the Credit Union
is not responsible for the quality of any check copy received.
- The Credit Union may charge against an account a postdated
check at the time it is presented for payment or deposit.
- Any checking account can be closed without prior notice
for insufficient funds (NSF) activity, maintaining a negative
balance or any reason. In addition, account activity can
be reported to a consumer reporting agency.
- All signors must be sixteen (16) years of age to maintain
any checking account.
- A substitute check is the legal equivalent of an original
check and the consumer recredit rights apply when a consumer
in good faith believes that a substitute check was not properly
charged to their account.
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A. Regular Checking Account:
Dividends: No dividends are paid.
Conditions: The minimum balance required to open
and maintain active status is $0.01.
B. Checking Plus Account:
Dividends: Dividends are paid on all funds on deposit
and are posted monthly.
Conditions: The minimum balance required to maintain
active status is $0.01; however, each month that the balance
falls below $1,500 on any day during the month, the account
will be assessed a maintenance fee as set forth in the Credit
Union Fee
Schedule the following month.
C. Checking Rewards Account:
Dividends: Dividends are paid on all funds on deposit
and are posted monthly.
Conditions: The minimum balance required to maintain
active status is $0.01; however, Checking Rewards accounts
will be assessed a maintenance fee as set forth in the Credit
Union Fee
Schedule each month that the account does not
meet one or more of the following requirements:
- Direct Deposit
- Statements Online
Any active Visa Check Card associated
with this account is granted participation in the "CURewards"
points program. Points from this program can be combined with
points from the Platinum Visa Credit Card. D.
Checkless Checking Account:
Dividends: No dividends are paid.
Conditions: Only available through Credit Union
offering. No check-writing capabilities or Visa Check Card.
Must have direct deposit. The minimum balance required to
open and maintain active status is $0.01.
E. Checking Rewards Points Program (CURewards)
- For every two dollars spent on signature-based transactions,
net of returns, or a charge to your check card 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 an account.
Charges or transactions may be added to, or removed from,
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 most current brochure or the Program web site, 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 an item may not be available, 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 (2) 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. Neither
the Program nor the Credit Union makes any 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.
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- Points have no cash value.
- 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 check 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
your monthly account statement. Points deducted for credits
to the account will be at the same rate at which the original
charges earned those points. Your check card 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. Point balance is available at www.curewards.com.
- 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 Checking Rewards Visa Check
Card 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 check
card following receipt of these Rules will indicate their
agreement to comply with and abide by these Rules.
- The Credit Union 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 check card account holder (excluding authorized
users). A complete list of terms and conditions is available
on the Program web site 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.
- 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. Neither the Program
nor the Credit Union is 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.
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F. Club/Association Accounts
- In order to open a Club/Association account, a Checking
account application, Club/Association Account Agreement
Form and W-9 form must be completed.
- This account is limited to one (1) designated non-dividend
bearing Checking Account.
- Any joint owners listed on the documents will be considered
joint owners of the entire account with equal rights to
withdrawals and deposits.
- All requests for changes to ownership will be made by
completing a “Resolution Form to Change Person(s)
Authorized on Club/Association Accounts”.
- There can be transfers or other activity between this
account and any other Credit Union accounts, subject to
Credit Union rules and requirements.
- All persons authorized on the account must be sixteen
(16) years of age to maintain a Club/Association account.
There can be no Checking Reserve Overdraft Line-of-Credit
attached to this type of account.
G. Courtesy Pay Disclosure
Terms And Conditions Of Courtesy Pay:
Courtesy Pay is a service whereby the Credit Union may honor
and pay checks, Electronic Transfers (ACH) or items by other
electronic means as designated by the Credit Union drawn
against insufficient funds so that these items presented
against a membership account are not returned unpaid. A
qualifying membership account must be open for thirty (30)
days in order to be eligible for this service. Paper or
online notices will be sent for each occurrence when the
items are paid. Courtesy Pay will only be applied at the
Credit Union’s discretion and when there are insufficient
funds in a checking account (including any loan, line-of-credit
or linked accounts) to cover the negative balance.
The Credit Union's Courtesy Pay service
is a non-contractual courtesy and is discretionary. It is
not an obligation of the Credit Union and the Credit Union
may refuse to provide the service on any checking account
at any time. There is no contractual right to Courtesy Pay
and payment of an item is not guaranteed under the Courtesy
Pay service. Courtesy Pay may provide certain account-holders
in "good-standing", as determined by the Credit
Union in its sole discretion, with the ability to overdraw
their personal checking account up to an amount determined
by the Credit Union. The amount that an account may be overdrawn
shall be in all cases subject to the Credit Union’s
discretion. However, as a general guide, and not by way
of any contractual agreement, the categories of Courtesy
Pay to consider are:
- Members without direct deposit may
have up to a $500 limit
- Members with direct deposit may have up to a $1,000 limit
- Members with an aggregate balance of $2,500 or more may
have up to a $1,000 limit
In the event that the Credit Union elects
to extend Courtesy Pay, the account must be brought back
to a positive balance, (i.e., greater than zero (0)), within
thirty (30) calendar days. Failure to do so will affect
future Courtesy Pay privileges and could result in account
closure.
The Credit Union has the right pursuant
to its statutory lien and can charge against any balance
in any accounts, including jointly owned accounts, to include
any otherwise statutorily protected funds that may not otherwise
be available by legal process, to liquidate any Credit Union
indebtedness, owed by the member or any person listed as
a joint owner on the member's accounts with the Credit Union,
including a deceased joint owner. The Credit Union may take
such action without further notice to the member or any
joint owner. Consent for the Credit Union to apply funds
that have a statutory protection to pay any such indebtedness
may be withdrawn by notifying the Credit Union in writing.
If consent is withdrawn, the Credit Union may in its sole
discretion terminate any and all services the member has
with the Credit Union.
The Credit Union is not obligated to
pay any item presented for payment if the account does not
contain sufficient collected funds. However, the Credit
Union may pay such an item as a non-contractual courtesy
if the account is maintained in good standing, which is
at the Credit Union’s discretion and may include such
things as:
- Making regular deposits sufficient
to cover transactions;
- Bringing the account to a positive balance at least once
every thirty (30) days or less;
- Not causing the Credit Union a loss;
- Not having any delinquent obligations;
- No legal orders, garnishments, executions, levies, or
information subpoenas including bankruptcy notices;
- Not engaging in suspicious or abusive activity; and,
- Maintaining at least $25 in the Basic Savings account.
Generally, the Credit Union will not
pay an overdraft in excess of $1,000. These limits generally
include Paid NSF Fees. When multiple transactions are presented
for payment, items will be paid in the amount in the order
of lowest to highest dollar amount.
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Limitations:
This service is available, at the Credit Union’s discretion
on all checking accounts in good standing, with the exception
of Checkless Checking and Club/Association accounts. The
Credit Union may limit the number of accounts per account
holder or per household. The Credit Union reserves the right
to not approve any overdrafts against any account until
the account can be verified as being maintained in good
standing. The Credit Union reserves the right to change
or terminate Courtesy Pay program at any time without any
advance notice.
Account Fees:
For each item paid using Courtesy Pay, the account will
be charged a Paid Insufficient Funds Fee (Paid NSF Fee)
per item as set forth in the Credit Union Fee
Schedule.
If the Credit Union chooses not to pay checks, electronic
transfers, or items by other electronic means, the account
will be subject to an Insufficient Funds (NSF) or Negative
Balance fee as published in the Credit Union Fee
Schedule.
Your periodic statement will separately disclose the total
fees charged on your account for paying overdrafts and returning
items unpaid for the statement period and for the calendar
year-to-date.
Additional Information:
Courtesy Pay service does not require member enrollment.
By request, an account can be removed from future Courtesy
Pay services by accessing the "Opt Out" form online
through Online Banking or by calling Member Service at (800)
874 5544 or (914) 641 3700.
H. Bill Payment Disclosure and
Agreement
NOTE: All references within this document to the terms "Payment
Service" and/or "the Service" reflect the
Online Banking Bill Payment Service offered by Quorum Federal
Credit Union (Quorum FCU).
You acknowledge electronic receipt of
the Terms and Conditions Agreement ("Agreement")
associated with Online Banking Bill Payment Service and
agree that you have read and will abide by this Agreement.
You also agree that Quorum FCU does not need to provide
you with an additional, paper (non-electronic) copy of this
Agreement unless specifically requested. Further, you understand
that a copy of this Agreement can be printed by using your
browser's print command and a printer.
1. Use of a Third-Party Bill
Payment Service Provider
Metavante (Formerly M&I) is the third-party bill payment
service provider who Quorum FCU has contracted to provide
the Payment Service to its members. Metavante will be processing
all bill payments. Quorum FCU, at its sole discretion, reserves
the right to change Online Banking Bill Payment Service
providers.
2. Enrollment Request for the
Online Banking Bill Payment Service
Quorum FCU reserves the right to refuse enrollment in the
Online Banking Bill Payment Service to any member who does
not meet the Service criteria which has been established
by Quorum FCU. Among other requirements, a valid e-mail
address is a requirement of the Service.
Terms:
Payee means the vendor, person or entity to which
you wish a bill payment to be directed.
Payment Instructions means the information provided
by you to the Service for a bill payment to be made to your
Payee (e.g., Payee name, account number, payment amount,
payment date, etc.).
Payment Account means your Checking Account and,
in the instance of non-sufficient funds and/or an overdrawn
account, any applicable share account or available balance
on line-of-credit accounts at Quorum FCU, from which all
bill payments may be made and/or such funds collected. Multiple
checking accounts may be established as Payment Accounts.
Contact Quorum FCU for more information.
Business Day or Processing Date means Monday through
Friday, excluding Federal and observed Quorum FCU holidays.
Scheduled Payment Date means the Business Day of
your choice upon which your bill payment will be made and
your Payment Account will be debited.
Cutoff Time means 8:00 p.m. Central Time (CT) on
any Business Day, and is the time by which you must transmit
instructions to have them considered entered on that particular
Business Day.
By providing the Payment Service with
the names and account information of those entities and/or
persons to whom you wish to direct payment, you authorize
the Service to follow the Payment Instructions that it receives
from you or your authorized user through the Online Banking
Bill Payment Service. When the Service receives a Payment
Instruction, you authorize it to debit your Payment Account(s)
and remit funds on your behalf so that the funds arrive
as close to the Business Day designated by you as reasonably
possible.
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3. Payments and Transfers From
My Payment Account May be Processed in Three Different
Ways:
- Today: If you designate
a bill payment as a "Today" transaction, the
processing date will be the same Business Day if requested
prior to 8:00 p.m. Sufficient available funds must be
available at the time you request the transaction. "Today"
payments may not be canceled for any reason once you have
ended an Online Banking session. All “Today”
transactions are immediately deducted from your Payment
Account.
- Future: If you
designate a payment as a "Future" transaction,
you may request that the transaction be made on a future
date that you may designate up to 365 days in advance.
The processing date will be the effective (processing)
date you entered. You will not be able to establish payments
with an effective date that is not a Business Day. Sufficient
and available funds must be available by midnight of the
night before the processing date, but will be deducted
from your Payment Account on the actual processing date.
"Future" transactions may be canceled or changed
until 8:00 p.m. CST of the night before the processing
date through the Online Banking Bill Payment Service.
- Recurring: If you
designate a payment as a "Recurring" transaction,
you may request that the transaction be made in the same
amount to the same merchant or account on a specified
regular, periodic basis (i.e., weekly, bi-weekly, monthly,
etc.). You will designate a "start" and "end"
date. The processing date will be the effective (processing)
date you entered, or the next Business Day should the
effective date fall on a weekend or holiday. Sufficient
and available funds must be available by midnight of the
night before the processing date, but will be deducted
from your Payment Account on the actual processing date.
"Recurring" transactions may be canceled or
changed until 8:00 p.m. of the night before the processing
date through Online Banking Bill Payment Service. You
may not establish multiple recurring payments to the same
Payee.
4. Stopping or Modifying Online
Banking Bill Payment Authorized Payments:
Payments designated as "Today" transactions cannot
be stopped, canceled, or changed once your Online Banking
session is terminated. Stop Payments are only applicable
to payments made by check that have not cleared. In order
to request a check Stop Payment on a transaction processed
through the Service, you must contact Quorum FCU at (800)
874-5544 or (914) 641-3700. If the Stop Payment can be processed,
credit to your Payment Account will be processed within
two (2) or three (3) Business Days from the Stop Payment
request date. You are responsible for completing any modifications
to payments, payees, etc. via the Service.
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5. Bill Payments:
All payments you make through the Service will be deducted
from your designated Payment Account. Any payment you wish
to make through the Service must be payable in U.S. Dollars.
Each Payee must appear on the Payee list you create with
Quorum FCU and the account you are paying must be in your
name.
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 or provided
in your agreement with Payee, not taking into account any
grace period provided by the Payee). You will assume full
responsibility for all late fees, finance charges, or other
actions taken or imposed by Payee.
IMPORTANT: Payments may take
up to ten (10) days to reach the Payee, as they are sent
either electronically or by check. Quorum FCU is not liable
for any service or late charges levied against you.
Quorum FCU is responsible only for exercising
ordinary care in making payments upon your authorization
and for mailing or sending a payment to the designated merchant.
Quorum FCU is not liable for any damages you incur if you
do not have sufficient funds in your Payment Account to
make the payment on the scheduled Payment Date, if the estimated
time to allow for delivery to the Payee is inaccurate, or
due to delays in mail delivery, changes of merchant address
or account number, the failure of any merchant to account
correctly for the payment in a timely manner, or for any
other circumstance beyond the control of Quorum FCU.
To use the Service, you must keep Quorum
FCU aware of changes in your contact information (e.g.,
address, telephone numbers and e-mail address). A written
notice will be sent to you of transactions Quorum FCU is
unable to process because of insufficient or unavailable
funds or any other return reason. In addition, an e-mail
notice will also be sent to you. In all cases, you are responsible
for either making alternate arrangements for the payment,
or rescheduling the payment through the Online Banking Bill
Payment Service. Returned payments will be canceled and
will prevent you from making more payments until resolved.
Generally, the Service is reinstated five (5) Business Days
after payment is received from a previously returned payment.
You authorize Quorum FCU, and any third
party acting on behalf of Quorum FCU, to choose the most
effective method to process your payments. You will receive
a transaction confirmation number for each properly instructed
payment. In addition to all other limitations of liability
set forth herein, Quorum FCU shall not be liable for any
failure to make a payment if you do not receive a confirmation
number.
Quorum FCU will use its best efforts
to make all your payments properly. However, Quorum FCU
shall incur no liability if it is unable to complete any
payments initiated by you through the Service because of
the existence of any one or more of the following circumstances:
- If, through no fault of ours,
your Payment Account does not contain sufficient funds to
complete the payment or transfer, or the transfer would
exceed the credit limit of your overdraft account;
- The bill payment processing center is not working
properly and you know or have been advised by the Service
about the malfunction before you execute the transaction;
- The Payee mishandles or delays a payment sent through
the Service;
- You have not provided the Service with the correct
names, phone numbers, or account information for those persons
or entities to whom you wish to direct payment;
- Circumstances beyond Quorum FCU's control such
as, but not limited to, fire, flood, or interference from
an outside force prevent the proper execution of the transaction
and Quorum FCU has taken reasonable precautions to avoid
those circumstances;
- Other exceptions set forth in this Agreement.
Provided none of the foregoing exceptions
to the Service performance obligations are applicable, and
provided you have complied with all these terms and conditions,
if the Service causes an incorrect amount of funds to be
removed from your Payment Account or causes funds from your
Payment Account to be directed to a person or entity which
does not comply with your Payment Instructions, Quorum FCU
shall be responsible for your losses and damages. Payment
will be made to your Payee either electronically via the
Automated Clearing House (ACH) or by check. The method of
payment depends upon the processing method that can be accommodated
by the Payee or Metavante (e.g., some Payees are unable
to accept electronic payments). You will be notified to
allow three (3) or five (5) Business Days for payment processing
at the time payments are established. Payments made through
the Service will appear on periodic statements.
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Prohibited Payments
The following payment types are prohibited through the Service:
- Tax payments
- Court ordered payments
- Payments to Payees outside the United States or
its possessions/territories.
- Other categories of Payees that you may establish
from time to time.
- Payments to Payees in excess of $9,999.99
Limitation Of Liability
The foregoing shall constitute Quorum FCU’s entire
liability and your exclusive remedy. In no event shall Quorum
FCU be liable for any direct, indirect special, incidental,
consequential or exemplary damages, including lost profits
(even if advised of the possibility thereof) arising in
any way out of the installation, use, or maintenance of
the equipment, software and/or the service.
6. Exclusions of Warrantees:
The service and related documentation are provided “as
is” without any warranty of any kind, either expressed
or implied, including but not limited to the implied warranties
of merchant ability and fitness for a particular purpose.
Personal Identification Code and Security
You agree not to give or make available your Quorum FCU
Online Banking Personal Identification Number (PIN) or your
Online Banking Bill Payment User ID to any unauthorized
individuals. You are responsible for all bill payments you,
and your Online Banking Bill Payment PIN, authorize using
the Service. If you do permit other persons to use the Service
or your Online Banking PIN or Online Banking Bill Payment
User ID (even though you have agreed not to disclose this
information) or your Online Banking PIN or Online Banking
Bill Payment User ID, you are responsible for all transactions
they authorize. If you believe that your Quorum FCU Online
Banking PIN has been lost, stolen or compromised, or that
someone may attempt to use the Service without your consent
or has transferred money from your account by accessing
your account without your permission, you must notify Quorum
FCU immediately by calling us at (800) 874-5544 or (914)
641-3700. You also agree that Quorum FCU may revoke your
Online Banking Services, which will in turn revoke use of
the Service, if unauthorized account access and/or transactions
occur as the apparent result of negligence in the safeguarding
of the User ID belonging to you and/or your authorized user.
Further, you agree that, if Quorum FCU is notified that
you have included Quorum FCU in filing of a petition of
bankruptcy, Quorum FCU may revoke or refuse to grant you
Online Banking Bill Payment Service and/or Quorum FCU Online
Banking access to your account.
Your Liability for Unauthorized
Transfers
If you notify Quorum FCU within two (2) Business Days after
you learn of unauthorized access to your Payment Account(s)
and/or that your Quorum FCU Online Banking PIN has been
lost, stolen or compromised, you are liable for no more
than $50. If you fail to notify Quorum FCU within two (2)
Business Days after you learn of unauthorized access to
your Payment Account(s) and/or that your Quorum FCU Online
Banking PIN has been lost, stolen or compromised, and we
determine that we could have prevented the unauthorized
access to your Payment Account(s), or use of your Quorum
FCU Online Banking PIN had you notified us, you could be
responsible for as much as $500. If your monthly statement
or your online account detail reflects any transfers or
payments that you did not make, notify us at once. If you
do not tell us within sixty (60) days after the first statement
reflecting an unauthorized transfer(s) or payment(s) was
mailed to you, you may not be refunded any money you lost
after the sixty (60) days, provided that we can prove we
could have stopped someone from taking the money if you
had told us in a timely manner.
Disclosure of Account Information
to Third Parties
It is our general policy to treat your account information
as confidential. However, we will disclose information to
third parties about your account or the transfers you make
ONLY in the following situations:
- If we return transfers or payments made from your
Payment Account which are drawn on insufficient funds or
if we are unable to complete an electronic transfer or payment
because of insufficient funds, or
- Where it is necessary for completing transfers,
or
- In order to verify the existence and condition
of your Payment Account to a third party, such as a credit
bureau or merchant, or
- To a consumer reporting agency for quality assurance
survey/research purposes only, or
- In order to comply with a governmental agency or
court order, or
- If you give us your written permission.
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Charges or Fees
The Quorum FCU Fee
Schedule incorporated herein by reference
sets forth the fees associated with the Service. Standard
deposit account fees will continue to apply. You are responsible
for any and all telephone access fees or Internet service
fees that may be assessed by your telephone and/or Internet
service provider.
In the Event a Service Transaction
Is Returned and/or Overdraws Your Payment Account
In using the Service, you are requesting the system to make
payments for you from your Payment Account. If we are unable
to complete the transaction for any reason associated with
your Payment Account (for example, there are not sufficient
funds in your Payment Account to cover the transaction),
the transaction may not be completed. In some instances
you will receive a return notice from Quorum FCU. In these
cases, you agree that normal account fees will be charged
to your account in accordance with Quorum FCU’s established
and published Fee
Schedule. By enrolling for and using this
Online Banking Bill Payment Service you agree that Quorum
FCU has the right to collect funds from all of your accounts
as well as the available balance on your line-of-credit
accounts to recover funds for all payments that have been
requested to be paid by you or your authorized user; this
includes accounts on which you are the primary member-owner,
as well as accounts on which you are the joint owner.
Alterations and Amendments
The terms of this Agreement, applicable fees and service
charges may be altered or amended by Quorum FCU from time
to time. In such event, Quorum FCU shall send notice to
you at your address on record or by secure electronic message
via the Quorum FCU Online Banking Service. Any use of the
Service after Quorum FCU sends you a notice of change will
constitute your agreement to such change(s). Further, the
Service may, from time to time, revise or update the programs,
services, and/or related material, which may render all
such prior versions obsolete. Consequently, Quorum FCU reserves
the right to terminate this Agreement as to all such prior
versions of the Online Banking Bill Payment programs, services,
and/or related material and limit access to the Service's
more recent revisions and updates.
Contact Information Changes
You agree to promptly notify Quorum FCU of any change in
your address and other contact information.
Termination or Discontinuation
In the event you wish to discontinue the Service, you must
contact Quorum FCU at least ten (10) days prior to the actual
service discontinuation date. Quorum FCU may terminate use
of the Service to any individual at any time without advance
notice. Neither termination nor discontinuation shall affect
your liability or obligation under this Agreement.
Payee Limitations
Quorum FCU reserves the right to refuse to pay any person
or entity to which you may direct a payment. Quorum FCU
is obligated to notify you promptly if it decides to refuse
to pay a person or entity designated by you. This notification
is not required if you attempt to pay tax or court-related
payments or payments outside the United States and its possessions/territories,
which are prohibited under this Agreement.
Information Authorization
Through your enrollment in the Online Banking Bill Payment
Service, you agree that Quorum FCU (or its third-party bill
pay service provider) reserves the right to request a credit
agency report and/or a review of your credit rating at its
own expense through an authorized credit agency/bureau.
In addition, you agree that the Service reserves the right
to obtain financial information regarding your account from
a merchant or financial institution to resolve payment-posting
problems.
Disputes
In the event of a dispute regarding the Service, you and
Quorum FCU agree to resolve the dispute by looking to this
Agreement. You agree that this Agreement is the complete
and exclusive statement of the agreement between you and
Quorum FCU which supersedes any proposal or prior agreement,
oral or written, and any other communications between you
and Quorum FCU relating to the subject matter of this Agreement.
In the event of a conflict between the terms of this Agreement
and any verbal representation or interpretation by one of
our employees, the terms of this written Agreement shall
control.
Assignment
You may not assign this Agreement to any other party. Quorum
FCU may assign this Agreement to any future, directly or
indirectly, affiliated company. Quorum FCU may also assign
or delegate certain of its rights and responsibilities under
this Agreement to independent contractors or other third-party
service providers.
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No Waiver
Quorum FCU shall not be deemed to have waived any of its
rights or remedies hereunder unless such waiver is in writing
and signed by Quorum FCU. No delay or omission on the part
of Quorum FCU in exercising any rights or remedies shall
operate as a waiver of such rights or remedies or any other
rights or remedies. A waiver on any one occasion shall not
be construed as a bar or waiver of any rights or remedies
on future occasions.
Captions
The captions of Sections hereof are for convenience only
and shall not control or affect the meaning or construction
of any of the provisions for this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York and the United States
of America, without regard to its conflicts of laws provisions.
Errors and Questions
Refer to Error Resolution, Part V.
I. ONLINE DEPOSITS
Quorum Federal Credit Union (referred to as “the Credit
Union” or “we” hereafter) and the below
named member(s) (“member” or “you”)
hereby agree to the following:
1.Eligibility and Statement of
Application
Member hereby applies for Online Deposits (hereafter referred
to as "the Service"). Use of the Service constitutes
acceptance of these Terms and Conditions. In order to remain
eligible for the Service, member must adhere to the requirements
of the Terms and Conditions. From time to time, the Credit
Union may announce additional features and/or changes that
become available through the Service.
As used in this Agreement, the term:
- Control Number means an
online-generated tracking number issued by the Credit
Union. The control number will automatically be populated
onto each Deposit Receipt.
- Deposit Receipt means the
deposit form required for submission of checks when using
the Service. This Deposit Receipt will automatically generate
when you complete the Online Deposits process. This Deposit
Receipt and the associated checks must be mailed to the
Credit Union using a postage-paid Deposit Envelope.
- Deposit Envelope means
the Credit Union’s pre-printed, postage-paid envelope
that is recommended for mailing Online Deposits. Deposit
Envelopes are supplied by the Credit Union and may be
ordered online from within Online Deposits or obtained
at any Credit Union Service Center. Members are limited
to two (2) envelope orders per month.
- Infraction means inappropriate
usage of the Service that results in an account adjustment
(e.g. correction, reversal) and/or delays the Credit Union’s
ability to process the deposit. Members who incur three
(3) infractions will be restricted from further use of
the Service.
2. Access
Access to the Service will be by means of your Online Banking
Personal Identification Number (PIN). The Credit Union’s
Electronic Fund Transfer Disclosure governs use of Online
Banking and your PIN.
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3. About Online Deposits
The Service allows you to log into Online Banking and post
certain check deposits for immediate credit using the Online
Deposits tab. The maximum outstanding Online Deposits amount
at any one time is $2,500. The Credit Union reserves the
right to remove or decrease this amount at any time with
no prior notice to you. Generally, the Credit Union will
give same day availability on the funds you deposit, however,
we may hold funds you deposit in accordance with the Credit
Union’s Funds Availability policy.
To use this Service, you must:
- Have a Credit Union membership account in good standing
(good standing to be determined by the Credit Union in its
sole and absolute discretion).
- Have a qualifying membership account for a minimum of
thirty (30) calendar days.
- Be registered to use Online Banking.
- Mail a Deposit Receipt with each Deposit Envelope.
- Use the postage-paid Deposit Envelopes provided by the
Credit Union.
Should you choose to use your own envelope, it must be addressed
exactly as follows:
QUORUM FEDERAL CREDIT UNION
DEPT D
2 MANHATTANVILLE RD STE 401
PURCHASE NY 10577-9926
Failure to address the envelope properly may delay the processing
of your deposit, resulting in an infraction and a fee.
- Maintain a valid e-mail address with the Credit Union.
- Properly endorse all checks. All parties must endorse
checks.
- Write your Member Number, Account Number and “For
Deposit Only” under your signature on the back of
each check.
- Ensure that your deposit is received by the Credit Union
within five (5) Business Days of your posting the deposit
online, or you will incur an infraction and the deposit
will be reversed from the account.
- Ensure that all check information (check number, date
and amount) matches the information on the Deposit Receipt
exactly.
- Have Adobe Reader installed on your
computer to view and print the Deposit Receipt. Download
Reader at www.adobe.com
(click Get Adobe Reader).
- Have access to a printer to print the Deposit Receipt.
- Comply with these Terms and Conditions and all other
requirements of the Credit Union.
A fee will be assessed for adjustments
made to your account in connection with the Service, and
there may be other fees applicable to your use of the Service.
Refer to the Credit Union Fee
Schedule.
DO NOT:
- Use the Service to deposit cash, bonds, or non-negotiable
items.
- Use the Service to deposit checks drawn on a foreign
financial institution.
- Include any other Credit Union correspondence in the
Deposit Envelope.
- Staple or clip the check(s) or Deposit Receipt.
- Submit the checks at a Credit Union Service Center, ATM,
or kiosk.
Failure to comply with these Terms and
Conditions may result in a fee being assessed to your account
(refer to the Credit Union Fee
Schedule), and you no longer
being eligible to use the Service.
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4. Liability for Unauthorized
Transfers
Notify us AT ONCE if you believe your PIN has been lost/stolen
or used without your permission. Telephoning us is the best
way of limiting your potential losses. You could lose all
the money in your account(s) (including any Overdraft line-of-credit).
If you tell us within two (2) Business Days after you learn
of the loss or theft, you may be liable for up to $50 if
someone used your PIN without your permission.
If you do NOT tell us within two (2)
Business Days after you learn of the loss or theft of your
PIN, and we determine we could have prevented unauthorized
use, you could lose as much as $500.
Also, if your statement shows payments
that you did not make, notify us at once. If you do not
notify us within sixty (60) days after the statement was
mailed to you or made available through Statements Online,
you may not get back any money you lost after the sixty
(60) days if we can determine that we could have prevented
someone from taking the money if you had notified us in
time. If a good reason (such as a long trip or hospital
stay) prevented you from notifying us, we may extend the
time periods.
If you believe your PIN has been lost
or stolen, immediately change your PIN through Online Banking
within User Options at quorumfcu.org.
5. Our Liability
The Credit Union will use commercially reasonable efforts
to post your deposits properly to the account indicated
when you use the Service properly and comply with these
Terms and Conditions. However, the Credit Union shall incur
no liability if it is unable to complete a deposit instruction
initiated by you through the Service because of any one
or more of the following circumstances:
- Member error.
- Member failure to comply with these Terms and Conditions.
- Late arrival of a deposit.
- If the Service equipment or software was not working
properly and you knew about the malfunction when you started
the transaction.
- You have not provided complete or correct information.
- Circumstances beyond our control (e.g. fire, flood or
interference from outside sources) prevent processing of
the deposit despite reasonable precautions on our part.
We shall not be responsible for any loss
or damage caused by the Service. Nor shall we be responsible
for any late fees, direct, indirect or consequential damages
arising from the use or maintenance of the Service. The
Service is provided "as is" without any warranty
of any kind, either expressed or implied, including but
not limited to the implied warranties of fitness for a particular
purpose or warranties of merchantability.
6. Disputes
In the event of a dispute regarding the Service, you and
the Credit Union agree to resolve the dispute by looking
to this Agreement. Member agrees that any dispute that arises
under this Agreement must be filed and litigated in Westchester
County, New York.
7. No waiver
The Credit Union shall not be deemed to have waived any
of its rights or remedies hereunder unless such waiver is
in writing and signed by a Credit Union officer. No delay
or omission on the part of the Credit Union in exercising
any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies. A waiver
on any one occasion shall not be construed as a bar or waiver
of any rights or remedies on future occasions.
8. Amendment and Termination
The Credit Union may amend these Terms and Conditions at
any time or terminate the Service to any member or all members
at any time for any reason, with or without notice. Amendment
of these Terms and Conditions or termination of the Service
shall not affect the member’s liability or obligation
hereunder. Continued use of the Service will constitute
acceptance of any new or amended Terms and Conditions.
9. Governing Law
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York.
10. Errors and Questions
Refer to Error Resolution, Part V.
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PART II. TERMS AND CONDITIONS
APPLICABLE TO OWNERSHIP
A. ALL ACCOUNTS
- The primary member must be within the Credit Union's
field of membership as stated in the Bylaws and have a valid,
verifiable Tax Identification Number (Social Security Number)
to open a membership. Further, members must be and remain
in good standing to maintain their account(s).
- All accounts (except checking accounts) are not transferable
except as defined in 12 CFR, Part 204. Except as specifically
provided, no more than six (6) pre-authorized, telephone
or automatic transfers in any combination are permitted
in any calendar month from any savings account.
- The Credit Union’s delay in enforcing any of the
terms and conditions of this Agreement shall not prohibit
it from enforcing such terms and conditions at a later date.
- The Credit Union reserves the right to change any provision
of this Agreement. If required by law or regulation, advance
written notice of a change will be provided. The Credit
Union also reserves the right to establish from time to
time rules and regulations concerning any account which
will be available for inspection upon request.
- The Credit Union may endorse items or checks payable
to it that are received for deposit to an account.
- Members shall exercise reasonable promptness in examining
account statements and promptly notify the Credit Union
of any unauthorized transaction including, but not limited
to, alteration of an item or an unauthorized signature.
If there is a failure to uphold these duties, members will
be precluded from asserting their unauthorized signature
or any alteration if the Credit Union either proves it suffered
a loss because of the member’s failure, or pays on
another item presented by the same wrongdoer if the payment
was made before the Credit Union was properly notified.
Notification must be given within sixty (60) days of the
statement. If the member fails to uphold these duties, but
can prove that the Credit Union failed to exercise ordinary
care in the payment of the relevant items, the above preclusion
will not apply and the loss will be allocated between the
Credit Union and the member to the extent their respective
actions contributed to the loss.
- The Credit Union may terminate an account at any time.
The member may terminate an account at any time as long
as there are no pre-existing account obligations. In addition,
if the Credit Union receives notice from any owner that
withdrawals, in accordance with the terms of the account,
should not be permitted, it may refuse, without liability,
to pay any sums on deposit pending determination of the
rights of the owners. Further, if there is more than one
(1) owner and there is a conflict among them, the Credit
Union may require consent from all owners. Such consent
notice(s) shall become effective only upon receipt and after
the Credit Union has had a reasonable opportunity to act
thereon.
- The Credit Union reserves the right to close any account(s)
discovered to be manipulated. "Manipulation" includes,
but is not limited to, kiting and repeated patterns of transactions
that have no apparent business reason other than to take
advantage of "dividend float" to your detriment.
- If a Basic Savings balance falls below the required $25,
the Credit Union may transfer the difference from any other
account under that membership. In the event that there are
no available funds to transfer, the Credit Union reserves
the right to close such membership in accordance with its
Bylaws.
- If any other savings account remains inactive with a
zero (0) balance for twelve (12) months or longer, the Credit
Union may, at its discretion, close the account.
- The Credit Union may recognize anyone included on the
Membership Application as authorized to transact business
on that account. Any payment made on that account by the
Credit Union in good faith and in reliance on the terms
and conditions of this Agreement and the Membership Application
shall be valid and discharge the Credit Union from liabilit
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