In this Disclosure and Agreement, the words “YOU” and “YOUR” mean each and all of those who apply for and/or use any of the electronic funds transfer services described in this Disclosure and Agreement. The words “WE”, “US”, and “OUR” mean Family First of NY Federal Credit Union. The word “ACCOUNT” means any one or more deposit accounts you have with the Credit Union, including, but not limited to, regular share savings or checking accounts established primarily for personal, family, or household purposes. This disclosure and agreement applies to funds transfers as defined in Article 4A of the Uniform Commercial Code Subpart B of Regulation J and Regulation E of the Board of Governors of the Federal Reserve System. All transactions completed by one party in a joint account are deemed to be authorized by the other party.
The following electronic funds transfer services are available:
Another transaction type, which is growing in popularity among merchants, is the practice of converting checks and share drafts to electronic funds transfers. If you pay for something with a check or share draft you may authorize your check or share draft to be converted to an electronic fund transfer. You may also authorize merchants to electronically debit your account for returned check fees.
If you send or receive a wire transfer, Fedwire may be used. Regulation J is the law covering all Fedwire transactions. All other electronic funds transfer services are governed by Regulation E. Usage of any of these services constitutes your acceptance of the terms of this Disclosure and Agreement. You understand that the agreements, rules and regulations applicable to your checking account, regular share savings account, Visa Debit Card, Visa credit card and any other account remain in full force and effect and continue to be applicable except as specifically modified by this Disclosure and Agreement. To the extent that the terms contained in this agreement are different than those in any other agreement or terms of account, this agreement shall control and be deemed to modify such other agreements or terms of account.
This Electronic Funds Transfer Agreement is the contract which covers your and our rights and responsibilities concerning the electronic funds transfer (EFT) services offered to you by Family First Federal Credit Union (“Credit Union”) through all electronic means including the World Wide Web. By signing up for online services on the Credit Union’s Internet web site, each of you, jointly and separately, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered. This Agreement is in addition to, and does not replace, any other agreement you now or hereafter have with the Credit Union concerning electronic fund transfers by methods other than through the World Wide Web.
Business Day Disclosure
Every day is a business day, except Saturdays, Sundays, and federal holidays. ITalk , On-line Banking, Mobile Banking and Bill Pay are available 24 hours a day, 7 days a week. The service may be interrupted for a short time each day for data processing. The business day for the ATM Card is from 6:00 PM to 6:00 PM EST (see ATM Limitations). Deposits will be provisionally credited to the account subject to funds availability.
Disclosure of Account Information to Third Party
We will not disclose information about your account or the transactions that you make, except as follows:
Account Access: Both checking and savings accounts may be accessed by an ATM or Debit Card. Your regular share savings or checking account may be accessed by any of the other available electronic fund transfer services. All accounts may be accessed by on-line services, ITalk, direct deposit, payroll deduction and wire transfers.
Transfer Limitations: For all Primary Savings and Money Market accounts, no more than six (6) transfers and withdrawals to another account of yours or to a third-party may be made in any month by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, and no more than three (6) of those (6) transfers may be made by check, draft or debit card to a third party. If you exceed these limitations, your account may be subject to restrictions.
Conditions of EFT Services
a. Addresses. You are responsible for notifying us of any address or name change. The Credit Union is only required to attempt to communicate with you at the most recent street address you have provided to us. If we do not have your most recent street address and attempt to locate you, we may impose a service fee as set forth on the Credit Union’s current Fee Schedule.
b. Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or from any checking and savings or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may and hereby is authorized by every other joint account owner to make any transaction permitted under this Agreement. Each joint account owner is authorized to act for the other account owners, and the Credit Union may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.
a. Periodic Statements. ACH transactions are governed by operating rules of the National Automated Clearing House Association. In accordance with these rules, the Credit Union will not provide you with next-day notice of receipt of electronic funds transfers to your account. If the Credit Union received a funds transfer for you or for other persons authorized to have access to your account, you agree that the Credit Union is not obligated to provide you with next-day notice of the receipt of the funds transfer. We will send notice of electronic funds transfers in the periodic account statements, which the Credit Union will provide.
b. Direct Deposit. If you have arranged with a third party (for example, your employer or the Social Security Administration) to make preauthorized deposits to your account at least once every 60 days, that third party making preauthorized deposits may have agreed to notify you every time the party sends us money to deposit to your account. If you have not made such an arrangement, you may telephone us and we will advise you whether or not the preauthorized deposit has been made.
Wholesale Credits Disclosure: We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses (ACH) and which are not subject to the Electronic Fund Transfer Act and your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of New York as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account.
Terminal Receipt. There will be an option to receive a receipt every time you make a transaction.
You are responsible for all transactions you authorize using our online services under this Agreement. If you permit other persons to use your PIN(s), you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe your PIN(s) has been lost or stolen or if you believe someone has used any EFT service or PIN(s) or otherwise accessed your accounts with us without your authority. You could lose all the money in your account plus your maximum overdraft protection/line of credit limit, and any available funds you may have in your Primary Savings account. If you tell us within two (2) business days of discovery that your PIN(s) has been lost or stolen, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn that your PIN(s) has been lost or stolen or that there has been unauthorized use of an EFT service, and we can prove that we could have stopped someone from accessing your account without your permission if you told us, you could lose as much as $500.00.
In Case of Errors or Questions About Your Statement, call us at 585.586.8225 or write:
Family First of NY Federal Credit Union, 2520 Browncroft Blvd. Rochester, NY 14625-1526
as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this we will recredit your account within 10 business days for the amount you think is in error so you will have the use of the money during the time it takes us to complete our investigation. When we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not provisionally credit your account.
Please note that the 10 and 45-day time periods will be extended to 20 days and 90 days, respectively, for any transaction initiated at a point of sale (Retail Debit) location or any transaction initiated outside the United States.
If we determine 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 we do not properly complete an electronic funds transfer to your account on time or in the correct amount according to our agreement with you, we may be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance, if:
Provisional ACH Credit: The Credit Union may give you credit for ACH payments before it receives final settlement of the funds transfer. Any such credit is provisional until the Credit Union receives the final settlement of the payment. You are hereby notified and agree, if the Credit Union does not receive such final settlement, that it is entitled to a refund from you of the amount credited to you in connection with that ACH entry.
Charges for Electronic Funds Transfers Services: All charges associated with electronic funds transactions are disclosed in the Fee Schedule. A stop-payment placed on a preauthorized electronic payment is subject to a fee, as disclosed in the Fee Schedule, for each stop payment order you give. If you request a copy of the documentation relative to an ATM transaction (except if the documentation is for resolution of a billing error), a fee equal to our reasonable cost of reproduction will be charged. Any fees charged will be deducted from your checking or share savings account.
Change in Terms: Family First of NY Federal Credit Union may change the terms and charges of this Electronic Funds Transfer Services Disclosure and Agreement at any time. You will receive written notice to the extent required by law.
Disclosure of Funds Availability: We may place a hold for uncollected funds on an item you deposit. This could delay your ability to withdraw such funds. For further details see our Funds Availability Disclosure or contact the Credit Union office.
Termination of Electronic Funds Transfer Services: In the event you fail to comply with any term of this agreement, any underlying agreement, any applicable law, rule or regulation, or die or become bankrupt, we may declare all amounts owed to the Credit Union to be immediately due and payable without any notice. If the amount owed to the Credit Union is referred for collection to an attorney, you agree to pay reasonable attorneys’ fees together with actual expenditures for necessary court process. The ATM and the Debit Cards are the property of Family First of NY Federal Credit Union and you agree to surrender them to us upon demand. We may also program our system not to accept your PIN for any EFT service. Your privilege of using the our electronic funds transfer services, including but not limited to ATM and Debit Cards, may be cancelled by us at any time without cause or notice, but no such cancellation will affect your indebtedness.
If you ask us to terminate your account or the use of any electronic transfer service, you will remain liable for subsequent transactions performed by any other party to your account.
Notice Retention: Keep a copy of this notice for your records. You can choose to receive important information required by the Electronic Fund Transfer Act in paper or electronically. We are required by law to give you disclosures before you sign up for the privilege of making Electronic Fund Transfers. You may not apply for these privileges online if you are not willing to accept electronic disclosures. If you do not want to receive this information electronically please call us at 585-586-8225 and we will mail you an application and the related disclosures.
If you choose electronic disclosures, this information will be available at http://www.familyfirstny.com. To receive this information, you will need a personal computer with an Internet connection and a browser 4.0 or higher. If you do not have access to a computer that satisfies theses requirements, or access to a printer, or the ability to download information, in order to keep copies for your records, or if you have questions about receiving disclosures, or need technical or other assistance concerning these disclosures, contact us at 585-586-8225.
Some of the above mentioned transactions may not be available.
You must use your Online Access Personal Identification Number (PIN) to log onto our online service the first time. You can receive a new secure PIN by contacting us at 585-586-8225. You will be required to change your PIN (password) before you log on again.
More Information About the Internet Bill Payment Service. When you instruct us to make a payment to a third-party through the Internet Bill Payment Service, we will withdraw the necessary funds from the checking account you designate. You may designate the merchants, institutions and individuals that you want to pay through the service; except you may not designate governmental agencies or courts. We may at our option refuse to let you designate a particular merchant. You can instruct us to make a fixed recurring payment to a designated payee or can instruct us to make a payment only when you specifically tell us. We will only withdraw funds from your account to make a payment if you have enough money in the checking account plus available credit limit under any linked overdraft protection/line of credit and any funds you may have available in your Primary Savings account to make the payment in full. If you have an insufficient funds (NSF) for a payment made on a third-party bill payer, this service will be blocked for five (5) business days and will remain blocked until the NSF is resolved. No payments will be processed during this time. Continued occurrences may result in termination of home banking and/or third-party bill payer services. We may send the payment by check, or by electronic fund transfer. Checks will be sent through the mail. We are not responsible for postal delays or for processing delays by the payee. The check or electronic fund transfer will be processed on that day except that, if you specify a date which falls on a Saturday, Sunday or Credit Union holiday, we will not mail the check or make the transfer until the next business day. It is your responsibility to maintain available funds in your account including your linked overdraft protection/line of credit and any available funds you may have in your Primary Savings account if linked to your checking account until your payment orders have been deducted from your account which will occur after your payments have been processed. You can call us at 1-800-356-1101 to confirm that a payment was sent. You should allow at least 10 business days for a payee to receive your payment.
If you believe someone has transferred or may transfer money from your account without your permission, call us at 585-586-8225 or 1-800-356-1101 during business hours or write to Family First of NY FCU, 2520 Browncroft Boulevard, Rochester, NY 14625
If you have arranged to have direct deposits, including paychecks, pension checks, Social Security checks or other recurring payments, made to your account from the same person or company that third party may have agreed to notify you every time the party sends us money to deposit to your account. To confirm that the funds have been credited to your account, you may call us or visit our website at www.familyfirstny.com to review your account history.
If, in connection with a direct deposit plan, we deposit any amount into an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
If you have requested a preauthorized payment, such as insurance premiums, health club dues, etc., from any Credit Union account, the following information applies to you:
Initial Authorization: You can get copies of the preauthorized payment documentation from the third party being paid at the time you give them the initial authorization.
Notice of Varying Amounts: If your preauthorized payment may vary in amount, the party who will receive the payment is required to tell you 10 days before such payment when it will be made and how much it will be. You may agree with the person being paid to receive this notice only when the payment will differ by more than a certain amount from the previous payments, or when the amount would fall outside certain limits that you set.
Right to Stop Preauthorized Payment: If you want to stop any of the preauthorized payments, call us at (585) 586-8225 or write us at Family First of NY Federal Credit Union, 2520 Browncroft Blvd., Rochester NY 14625-1526, in time for us to receive your stop payment request 3 business days or more before the payment is scheduled to be made. If you call, we will also require you to put your request in writing and get it to us within 14 days after you call. Each stop payment notice will apply only to that particular payment. To be sure that a third party does not bill you again for the “stopped” payment or to cancel the entire preauthorized payment arrangement, contact the third party.
Our Liability for Failure to Stop Payment: If you do order us to stop one of your preauthorized payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Liability for Unauthorized Electronic Payment: You may not be liable for unauthorized transfers made from your account by a third party. If you believe such transfer has occurred, follow the procedure outlined in “General Disclosures Applicable to All Electronic Services” section for resolving errors.
Your “PIN”: You have been assigned a Personal Identification Number (PIN) for use with your Debit Card and have chosen a PIN for use with your ATM Card and/or ITalk. To access these services you may need to enter your PIN. You are responsible for the safekeeping of your ATM Card, your Visa Debit Card, and the PINs that are used with these cards, as well as the PINs used with ITalk and on-line services. You agree not to disclose or otherwise make your PIN available to anyone not authorized to use your accounts.
You will notify us immediately and send written confirmation if your PIN is disclosed to anyone other than the joint owners of your account. However, if you disclose your PIN to anyone, you understand that you have given them access to your account and that you are responsible for any such transactions.
If you wish to change any of the following PIN numbers: ATM, ITalk, On-line and Mobile Banking, or Visa Debit cards, call the Credit Union for instructions.
Liability: Tell us at once if you believe your ATM Card, your Visa Debit Card, the PIN numbers that are used with these cards, your ITalk PIN or your on-line access PIN 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 plus your maximum overdraft line of credit. If you believe that your ATM Card, your Visa Debit Card, the PINs that are used with these cards, or the PINs used with ITalk and on-line access services has been lost or stolen or that someone will or may use it to transfer money from your account without your permission, immediately call: 585.586.8225 or write:
Family First of NY Federal Credit Union
2520 Browncroft Blvd.
Rochester NY 14625-1526
To report a lost or stolen Debit Card or PIN when the Credit Union is CLOSED you may call 800.241.2510.
If you tell us within two business days after you learn of the loss or theft you will not be liable if someone uses your ATM Card, Debit Card, or ITalk PIN without permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your ATM Card or PIN, Debit Card or PIN, or ITalk PIN and we can prove we could have stopped someone from using your ATM Card and PIN, Debit Card and PIN, or ITalk PIN without permission if you had told us, you could lose as much as $50.
Also, if your statement shows transfers that you did not make tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If extenuating circumstances delayed notification to us we may extend the time period.
Verification: All transactions affected by use of the ATM Card, your Debit Card, or ITalk which would otherwise require your signature or other authorized signature shall be valid and effective as if signed by you when accomplished by use of the ATM Card and PIN, Debit Card and PIN, ITalk PIN, or on-line and mobile banking PIN. Deposits at an ATM are subject to verification by us and may not be available for immediate withdrawal. See our Funds Availability Disclosure. ATM transactions accomplished after the close of normal business each day may take up to two (2) business days to be posted after the date of such transactions. We are not responsible for delays in deposit posting due to improper identification on the deposit envelope. This identification should include your name, Family First of NY Federal Credit Union’s name and your card number.
ATM Card: You may use your ATM Card and PIN for deposits, withdrawals, transfers, or inquires to your regular share savings or checking accounts at participating ATM locations.
Point of Sale: (POS) transactions may be made at participating retail merchants where you may pay for merchandise or other services using your ATM Card. Minimum transaction amount is $.01. Some merchants may have higher minimums.
Participating banks or other institutions may add or remove any or all machines or terminals or extend or limit the services provided at the machine or terminal without notifying you beforehand.
Fees and Charges: There are certain charges for ATM services. From time to time, the charges may be changed. We will notify you of any changes as required by law. When using ATMs not owned by us, you may be assessed a fee. Such fees are imposed by the ATM owner, and possibly the national, regional, or local network, not your credit union.
IMPORTANT: If you use your ATM card at any POS location, the terminal may give you a choice of taking the money from checking or savings. If you have a checking and a savings account, the money will come from your checking account, NO MATTER WHAT BUTTON YOU SELECTED. If you have a savings account only, the money will come from savings.
ATM Transaction Limitations:
POS Transaction Limitations:
Types of Available Transactions—When using your iTalk account, you must use your iTalk PINs in order to:
Additional transactions may be offered in the future.
Limitations on iTalk Transactions: There are withdrawal limitations on Holiday Club, certificate, and IRA accounts. Other withdrawals through the iTalk are unlimited to the extent you have funds available in your account or from your Line of Credit.
VISA Debit Card: You may use your Debit Card to make purchases at any merchant that accepts these cards or get a cash advance at any financial institution that accepts these cards. You may also withdraw cash from your checking or savings account at ATMs that have the Cirrus, Nyce, Co-Op, VISA, or Mastercard logo. All services may not be available at all locations. You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law.
VISA Debit Transaction Limitations:
POS Transaction Limitations:
ATM Transaction Limitations:
Non-VISA Debit Transactions
Family First enables non-VISA debit transaction processing and does not require that all such transactions be authenticated by a PIN. A non-VISA debit transaction may occur on your Family First debit card through Co-Op. Below are examples to distinguish between a VISA debit and non-VISA debit transaction:
To initiate a VISA debit transaction at the point of sale, the cardholder signs a receipt, provides a card number (e.g., in e-commerce or mail/telephone order environments) or swipes the card through a point-of-sale terminal.
To initiate a non-VISA debit transaction, the cardholder enters a PIN at the point-of-sale terminal or, for certain bill payment transactions, provides the account number for an e-commerce or mail/telephone order transaction after clearly indicating a preference to route it as a non-VISA transaction.
A non-VISA debit transaction will not provide the zero liability protection benefit, and if a Rewards program is present, a non-VISA debit transaction may not be an eligible Rewards transaction.
Provisions of the cardholder agreement relating only to Visa transactions are inapplicable to non-Visa transactions
If you give the Credit Union a payment order which identifies the beneficiary (recipient of the funds) by both name and identifying account number, payment may be made by the beneficiary’s financial institution on the basis of the identifying account number, even if the number identifies a person different than the named beneficiary. If you give the Credit Union a payment order which identifies an intermediary or beneficiary’s financial institution by both name and an identifying number, a receiving financial institution may rely on the number as the proper identification even if it identifies a different person than the named financial institution.
The Credit Union may establish, from time to time, security procedures to verify the authenticity of a payment order. You will be notified of the security procedure, if any, to be used to verify payment orders issued by you or for which your account will be liable. You agree that the authenticity of payment orders may be verified using that security procedure unless you notify the Credit Union in writing that you do not agree to that security procedure. In that event, the Credit Union shall have no obligation to accept any payment order from you or other authorized parties on the account until you and the Credit Union agree, in writing, on an alternate security procedure.
If the Credit Union becomes obligated under Article 4A of the Uniform Commercial Code to pay interest to you, you agree that the rate of interest to be paid shall be equal to the dividend rate, applicable to the account at the Credit Union to which the funds transfer should have been made or from which the funds transfer was made.
This Credit Union may be limited as to the person or location of the origination or destination of a wire transfer by Federal Regulation. You will be notified as to the reason so that alternative arrangements can be made.