THE ATM/VISA CHECKCARD AGREEMENT
Ethicon Credit Union ("Credit Union") has, on your request, issued you, or will issue you, the ATM Card and/or VISA Check Card as a convenience for use in automatic teller machines and other electronic devices. By retaining, using and/or authorizing another person to use my ATM Card and/or VISA Check Card, I accept and agree to all terms and conditions outlined below and am bound by all rules, regulations, and/or operating procedures of the Credit Union; and I shall be liable for all use of my card in connection with this service.
- The words "I", "me" and "my" as used in this Agreement mean the cardholder or both cardholders if this is a joint account.
- The ATM Card and/or VISA Check Card is a debit card, not
a credit card. All ATM Card and/or VISA Check Cards are
property of the Credit Union, which may, without liability
or advance notice, revoke or limit any or all card uses
in this Agreement. Upon demand, I will surrender my ATM
Card and/or VISA Check Card to the Credit Union. ATM card(s)
are not transferable.
- I will hold in strict confidence my personal identification number (PIN). I will take reasonable precautions to keep my PIN separate from my ATM Card and/or VISA Check Card and to prevent the unauthorized disclosure of my PIN.
- My ATM Card and/or VISA Check Card may be used for cash withdrawals from my Credit Union account at all automated teller machines (ATM/VISA ) authorized by the Credit Union. My ATM Card and/or VISA Check Card may also be used for cash withdrawals at such ATMs as may be specifically identified by the Credit Union from time to time.
- I will notify the Credit Union immediately of the loss, theft, or unauthorized use of my ATM Card and/or VISA Check Card and/or my PIN. When the Credit Union receives this information from me, a partial freeze will be placed on my account immediately and no withdrawals from this account will be permitted by use of the identified ATM Card and/or VISA Check Card and/or PIN. Upon proper execution of a lost card affidavit and any other document required by the Credit Union, the Credit Union will issue a new ATM Card and/or VISA Check Card and/or PIN.
- A receipt issued to you regarding an attempted electronic fund transfer shall be evidence of, but shall not be conclusive evidence of the same. (The transfer and/or transaction is subject to collection, verification or audit by the Credit Union and also shall be subject to your compliance with all of the terms and conditions of this Agreement and with the terms and conditions of the accounts being accessed or affected by such attempted transfer and/or transaction.)
- The Credit Union will not be liable for failure to honor my ATM Card and/or VISA Check Card due to improper use, rejection of my card by any ATM/VISA network, my bankruptcy or termination of this agreement. The Credit Union shall not be liable for failure to honor my ATM Card and/or VISA Check Card because the Credit Union or its agents inadvertently identified me and/or my account by name and/or account number or otherwise, on any "Cancellation Bulletin", "Fraud Sheet" or other written publication, or publishing same orally as being delinquent, in arrears, in default, being used without my permission or without the Credit Union's permission, or that the card is stolen, lost, revoked, expired, canceled, or terminated. The Credit Union will not be liable if circumstances beyond its control (such as fire or flood or other extenuating circumstances) prevent the transactions(s), despite reasonable precautions, from being completed; or if the Credit Union has, because of my default, exercised its rights against funds in my account pursuant to a pledge, a right of offset or a statutory lien. Transactions made after the close of normal business hours may be posted as of the next business day. The Credit Union will also be excused from such liability if I fail to observe the terms and conditions of this agreement, or other account agreements which relate to such "electronic fund transfer".
- The number and location of the ATM/VISA is subject to change at any time. If I have an ATM Card and/or VISA Check Card and a PIN, the Credit Union will keep me informed from time to time of the locations of ATMs.
- I will promptly examine the Credit Union's periodic statements of account and will promptly notify the Credit Union of any errors or irregularities.
- I agree to advise the Credit Union promptly in writing of any change of address. Mail addressed to me at my address of record with the Credit Union shall be deemed to be properly addressed.
- All notices from the Credit Union will be effective from the time the Credit Union gives them to me or mails them to me at the last address the Credit Union has for me in the Credit Union's records. Unless separate notices are required by law, notice given or mailed to one cardholder is effective as to the other cardholder(s).
- If I obtain cash from an ATM or any ATM network which creates an overdraft in my account, the overdraft is due and payable the moment I receive it and I agree to pay the full amount to the Credit Union, together with interest at the rate specified per year from the date I receive the cash to the date the full amount of the overdraft is paid and/or, at the option of the Credit Union, a service charge in accordance with the rate schedules adopted by the Credit Union from time to time; I also authorize the Credit Union, in such case, to apply from other shares or deposits I may have in the Credit Union such amount as may be necessary to pay such overdraft amount.
- If the Credit Union has to file a lawsuit to collect what I owe, I will pay the reasonable expenses, including 15% of the amount due as attorney's fees.
- I can terminate this agreement either by closing my designated account(s) or by notifying the Credit Union in writing and no longer using my ATM Card and/or VISA Check Card or PIN at any ATM or ATM network. I agree to allow the Credit Union until midnight of its next business day to terminate my services after I give the Credit Union notice. I remain responsible for any ATM/VISA transactions during this time, subject to any limitations set forth in any governing law.
- The Credit Union can also terminate this agreement at any time for any reason and without notice. For instance, the Credit Union may decide to discontinue ATM/VISA services entirely, or terminate my ATM/VISA privileges for security reasons or, if I do not use my ATM Card and/or VISA Check Card and PIN within a reasonable length of time, terminate my ATM/VISA privileges for that reason. Any termination of this agreement will not relieve me of any liability under the said agreement. Any firm, institution and/or merchant honoring the card has the right to retain or request the surrender of any revoked, canceled or expired card.
- The Credit Union may amend this agreement in any manner and at any time without restatement of the terms herein. For example, the Credit Union may impose charges for ATM/VISA transactions, a monetary limit on cash withdrawals made with my ATM Card and/or VISA Check Card within a single day and any such other restrictions in the future, as the Credit Union deems reasonable. If the Credit Union does so, the Credit Union will give me such advance notice thereof as it deems to be reasonable under the circumstances, however, in certain cases required by law, the Credit Union will give me at least twenty one (21) days advance written notice. In the even the Credit Union determines that any immediate change is necessary to maintain or restore the security of either the ATM/VISA system or any account, then the Credit Union may make the necessary change without advising me in advance. I agree to pay any and all charges imposed by the Credit Union.
- All the terms and conditions of written agreements which I have previously made with the Credit Union regarding the use of my share accounts will apply to all transactions in which my ATM Card and/or VISA Check Card is used, unless any terms of those agreements conflict with the terms of this agreement, in which case, the terms of this agreement will control.
- The provisions of the attached disclosure are part of this agreement and are binding on me and the Credit Union.
- The Credit Union can delay enforcing any of its rights against me under this agreement without losing them.
- Any questions under this agreement will be decided by Georgia law. If any term of this agreement cannot be legally enforced, the agreement is to be considered changed to the extent necessary to comply with the law.
VISA CHECK CARD
Your VISA Check Card(s) can be used anywhere VISA
is accepted. It is a debit card that allows you to have access
to your checking account without writing a check and the convenience
of an ATM card all in one card. You must have a Personal Identification
Number (PIN) in order to use your VISA Check Card(s) at an
ATM machine. We will mail your PIN in a separate envelope
approximately one week after we send your VISA Check Card(s).
Memorize your PIN. Do not write it on your VISA Check Card(s)
or keep a copy in your wallet. If you authorize us to issue
a Card to anyone else, you give that individual your authorization
to withdraw funds from any of your accounts which can be assessed
by your Card. You agree to be responsible for all such transactions.
We will not be liable if you (or anyone you authorize) uses
your Card improperly. If an ATM retains your Card for any
reason or if you violate your agreement to safeguard your
OWNERSHIP OF VISA CHECKCARD. The Card(s) remains the property of the Credit Union. You agree to surrender the Card(s) to us on demand.
ELECTRONIC FUNDS TRANFER (EFT) INITIAL DISCLOSURE
In compliance with the Electronic Funds Transfer Act, we are providing you with the following disclosure of terms and conditions of electronic transfers involving Ethicon Credit Union accounts.
DISCLOSURE OF CONSUMER'S LIABILITY FOR UNAUTHORIZED TRANSFERS AND DISCLOSURE OF ADVISABILITY OF PROMPT REPORTING
Tell us AT ONCE if you believe your card or PIN code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your card or PIN code without permission.
If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card or PIN code, and we can prove we could have stopped someone from using our card or PIN code without permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
DISCLOSURE OF TELEPHONE NUMBER AND ADDRESS TO BE NOTIFIED IN THE EVENT OF UNAUTHORIZED TRANSFER
If you believe your card or PIN code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission,
call: (706) 776-5458
Ethicon Credit Union
655 Ethicon Circle
Cornelia, GA 30531
DISCLOSURE OF WHAT CONSTITUES A BUSINESS DAY OF INSTITUTION
Our business days are Monday through Friday. Holidays are not included.
DISCLOSURE OF TYPES OF AVAILABLE TRANSFERS AND LIMITS ON TRANSFERS
- You may use your card to:
(A) Withdraw cash from your checking and savings account.
(B) You may transfer funds between your checking and savings account.
- You may make only five (5) cash withdrawals from the terminals each day.
- You may withdraw up to $250.00 from the terminal each day.
DISCLOSURE OF CHARGES FOR ELECTRONIC
- You are allowed two (2) free transactions each month.
Any additional will be $1.00 per transaction per month.
- You are allowed one (1) free inquiry each month.
Any additional will be $.75 per inquiry each month.
- Card replacement fee: $5.00
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers
- In order to comply with government agency or court orders
- If you give us written permission; or
- In order to verify the existence and condition of the
account for a third party such as a merchant or credit bureau.
DISCLOSURE OF RIGHT TO RECEIVE DOCUMENTATION OF TRANSFERS
- Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company you can call us at (706)776-5458 to find out whether or not the deposits has been made.
- Periodic statements reflecting your EFT activity. You will get a monthly checking and savings statement.
DISCLOSURE OF FINANCIAL INSTITUTION'S LIABILITY FOR FAILURE TO MAKE TRANSFERS
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance:
- If through no fault of ours, you do not have enough money in your account to make the transfer or if your account is frozen because of a court order or some other similar reason;
- If circumstances beyond our control (such as fire or flood) prevented the transfer despite reasonable precautions that we have taken; or
- If any other exception arises as stated in our agreement with you.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUND TRANSFERS
Telephone us at once by calling: (706) 776-5458
Ethicon Credit Union
655 Ethicon Circle
Cornelia, GA 30531
as soon as you can, if you think your statement or receipt is wrong, or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
If the error you assert is an unauthorized VISA transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten (10) business days.
WARNING: Wrongfully obtaining funds from Ethicon Credit Union by use of an ATM card or other access device constitutes a federal criminal offense punishable by fine or imprisonment, or both.
WARNING: As part of the security system for the protection of your ATM card and PIN, hidden cameras and other security devices may be used to determine who is using an ATM card at any automated teller machine.
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Ethicon Credit Union
655 Ethicon Circle
Cornelia, GA 30351