|
SOUTH
WESTERN |
AGREEMENTS AND
DISCLOSURES |
THESE AGREEMENTS AND
DISCLOSURES CONTAIN IMPORTANT MEMBERSHIP INFORMATION, NECESSARY TRUTH-IN-SAVINGS
ACCOUNT DISCLOSURES, ELECTRONIC SERVICES AGREEMENT AND DISCLOSURES, FUNDS
AVAILABILITY POLICY, WIRE TRANSFER AGREEMENT AND PRIVACY POLICY DISCLOSURE.
PLEASE BE CERTAIN TO READ THESE AGREEMENTS AND DISCLOSURES CAREFULLY AND NOTIFY
US AT ONCE IF ANY PARTS ARE UNCLEAR.
Throughout these Agreements and
Disclosures, the reference to "We", "Us", "Our" and "Credit Union" mean SOUTH
WESTERN FEDERAL CREDIT UNION. The words "You", "Your" and "Owner" refer to the
person, joint or individual as applicable, or entity who is applying for and/or
using any of the services described in these Agreements and Disclosures.
"Account" means any Account or Accounts established for You as set forth in this
brochure. The word "check" means any negotiable paper presented to Us in
relation to Your Account, including any share draft or similar check-like
device. The word "Card" means any South Western Federal Credit Union Automated
Teller Machine Card and/or any VISA Check Card issued to You by Us and any
duplicates and renewals We may issue. Our Audio Response System is hereinafter
referred to as "TellerPhone" and "Swiftteller Online" means Our personal
computer Account access system and "E-Check" means any check which You authorize
the payee to process electronically. For joint accounts, read singular pronouns
in the plural.
SOUTH WESTERN FEDERAL CREDIT
UNION MEMBERSHIP
To apply for
membership with the South Western Federal Credit Union, You must complete, sign
and return a Membership Application and Agreement.
Your signature
on the Membership Application and Agreement informs the Credit Union of Your
application for membership and Your agreement to conform to the Credit Union's
Bylaws and Amendments.
Credit Union
membership is granted to applicants within South Western Federal Credit Union's
common bond as outlined in the Credit Union's Charter.
Eligibility also
includes spouses of persons who died while within the field of membership;
Credit Union employees; persons retired as pensioners or annuitants from the
above organizations; and organizations of such persons.
By signing the
Membership Agreement, You acknowledge receipt of the Membership Agreement and
this brochure, including the terms and conditions which apply to Your Accounts.
IMPORTANT INFORMATION ABOUT
PROCEDURE[S] FOR OPENING A NEW ACCOUNT
To help the
government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify, and record
information that identifies each person who opens an Account. What this means
for You: When You open an Account, We will ask You for Your name, address, date
of birth, and other information that will allow Us to identify You. We may also
ask to see Your driver’s license or other identifying documents.
FAMILY
MEMBERSHIP
Credit Union
members in good standing and whose status is currently within the Credit Union's
common bond (as outlined above) may sponsor immediate family members and
possibly other members of Your household for Credit Union membership. Eligible
family members may include for instance: father, mother, brother, sister, son,
daughter, grandmother, grandfather and spouse (which may include anyone living
in Your residence that You maintain a single economic unit with).
ACCOUNT
AGREEMENT
YOU AGREE AND ACKNOWLEDGE THAT
THIS AGREEMENT CONTROLS YOUR ACCOUNT(S) WITH THE SOUTH WESTERN FEDERAL CREDIT
UNION, TOGETHER WITH ANY OTHER RELATED DOCUMENTS SUCH AS OUR FUNDS AVAILABILITY
POLICY, AND ELECTRONIC FUND TRANSFER AGREEMENT AND/OR AGREEMENTS AND
DISCLOSURES, ALL OF WHICH, TO THE EXTENT APPLICABLE, ARE INCORPORATED INTO THIS
AGREEMENT BY REFERENCE.
JOINT
ACCOUNTS. If Your Account is owned
jointly, then all funds on deposit are owned by any of the joint Owners. We can
release or pay any amount on deposit in Your Account to any Owner. We can honor
Checks, withdrawals, orders or requests from any Owner. All Owners are liable to
Us for any overdrafts that may occur on Your Account, regardless of whether or
not a benefit occurred. Any Owner may provide Us written notice to freeze funds
on deposit and We may, at Our option, honor such written request. If We do, then
the Account will remain frozen until We receive subsequent written notice signed
by all Owners of the Account as to a disposition of funds on deposit. Any funds
on deposit may be utilized to satisfy any debt or garnishment of any Owner of
the Account. You understand that all joint Accounts with the Credit Union will
be established with Full Right of Survivorship, and, upon the death of any
Owner, all sums then on deposit in the Account vest and belong to the surviving
Owner(s). If the Owners of the Account hold the Account jointly as Tenants in
Common and We receive notice that one of the Owners has died, We may freeze the
Account until We receive evidence satisfactory to Us as to an appropriate
disposition of funds on deposit in the Account. It is the responsibility of
joint account Owners to determine any legal effects of opening and maintaining a
joint account. All Owners of the Account must agree in writing prior to change
in Account ownership.
CUSTODIAL
ACCOUNTS. Any custodial account is
subject to the Uniform Transfers to Minors Act. It is Your responsibility to
determine and understand any legal effects related to this type of Account.
TRUST
ACCOUNTS. Trust Accounts will only be
opened by the Credit Union if the Trust documentation presented by You to the
Credit Union is in a manner acceptable to Our policies. We require all Trust
Accounts to name a beneficiary. The individual establishing the Trust (the
"Settlor") must be a member of the Credit Union and, any withdrawal of Trust
Account funds will be deemed a revocation of the Trust to the extent of any such
withdrawal. If the Account Designation shows a payable on death status, any
Beneficiary has rights to the Account only if alive and only if the Settlor is
deceased. If the Beneficiary dies before the Settlor, the Trust is terminated.
The Settlor may change the Beneficiary at any time by providing Us adequate
proof of such change in a manner acceptable to the Credit Union. It is Your
responsibility to determine and understand any legal effects related to this
type of Account.
POWER OF
ATTORNEY. If You name a person to act as
Your attorney-in-fact or agent in any way with Your Account, We are only
obligated to deal with such person if We, in Our sole judgment, approve of the
form of appointment and the supporting documentation.
DEPOSIT OF
ITEMS. You may make deposits to Your
Account using any method available from Us, including deposits in person, by
mail or electronic means. We have the right to refuse to accept any Check or
instrument for deposit at Our sole discretion. If You deposit an item and it is
returned unpaid, We will debit Your Account for the amount of the item and
charge You a Returned Check Fee. You will be liable to Us for the amount of any
item You deposit which is returned unpaid, and in addition, will be responsible
for any of Our costs and expenses incurred in the collection of such returned
item from You, including reasonable attorneys' fees. Subject to Our Funds
Availability Policy, You may not be able to withdraw funds from Your Account
until We have received final settlement for any items deposited. If You make a
deposit on a Saturday, Sunday, or a federal holiday, or after Our predetermined
cut-off hour on business days, the deposit will be credited to Your Account as
of the next business day.
COLLECTION OF
ITEMS. In processing items You have
deposited for collection, We are only Your agent and assume no responsibility
beyond the exercise of ordinary care. Any item deposited is subject to final
settlement in cash or credit. We may use any method We feel is appropriate to
collect items, which may include use of a Federal Reserve Bank. We are not
responsible for the acts of any third party We use for the collection of items
including responsibility for lost items. If We use a local clearinghouse in the
collection of items, You authorize Us to do so and to act in accordance with any
applicable rules and regulations. We may permit You to withdraw funds from Your
Account before final settlement has been made, however, if final settlement is
not made, We have the right to charge Your Account or otherwise require You to
repay such funds.
OVERDRAFT
PROTECTION. To the extent permitted by
law, You authorize Us to transfer funds from other accounts or lines of credit
You may have with Us (as designated by You) in necessary multiples (or in such
increments as We may from time to time determine) to Your Account to cover any
overdraft. If You have a line of credit with Us, transfers will first be made
from Your deposit Accounts that You may have with Us, provided You have enough
available funds in that Account and, subsequently, from Your line of credit up
to Your available credit limit. Any overdraft transfers from any such Account
may be subject to a transfer fee. You hold Us harmless from any and all
liability which might otherwise exist if a transfer does not occur.
Additionally, You understand and agree that We may from time to time and at our
sole discretion, pay certain items in order to cover any overdrafts of Your
Share Draft Accounts. You understand that payment of these overdrafts will be
made in an order of Our choosing, subject to Our overdraft policy in force at
the time of any such payment. Payments of any overdrafts are subject to a fee,
and are limited to an amount that We designate and We will not pay any overdraft
that would result in Your Share Draft Account being overdrawn in an amount that
exceeds such limit. You hold Us harmless from any and all liability which might
otherwise exist if We do not pay an overdraft.
EXPENSES. If We incur any costs or
expenses as a result of any attachment, garnishment or levy against Your
Account, You will reimburse Us for such costs or expenses or We may charge them
to Your Account.
INACTIVE OR
DORMANT ACCOUNTS. We have no liability
if Your Account becomes dormant (any Account with no transactions or
correspondence in any period of three consecutive years) and is therefore
subject to escheatment in accordance with California law.
LIEN
IMPRESSMENT AND SET-OFF. You agree that
We may impress and enforce a statutory lien upon Your Accounts with Us to the
extent You owe Us any money and We may enforce Our right to do so without
further notice to You. We have the right to set-off any of Your money or
property in Our possession against any amount You owe Us. The right of set-off
and Our impressed lien does not extend to any Keogh, IRA or similar tax deferred
deposit You may have with Us. If Your Account is owned jointly, Our right of
set-off and Our impressed lien extends to any amount owed to Us by any of the
joint Owners.
CREDIT
REPORTING NOTICE. We may report
information about Your account to credit bureaus. Late payments, missed
payments, or other defaults on Your account may be reflected in Your credit
report.
MINIMUM
BALANCE REQUIREMENTS, FEES AND SERVICE CHARGES. You agree to pay Us any applicable fees or charges, and
are responsible for any minimum balance requirements and deposit requirements
called for in Our Agreements and Disclosures. In any case and with proper notice
to You, fees, charges, balance requirements and deposit requirements may be
changed by Us from time to time.
SUSPENSION OF
SERVICES. We have the right to suspend
the benefit of any Credit Union service at any time for reasonable cause. At Our
discretion, We also have the right to pay any Check presented for payment from
Your Account after Your Account is closed or suspended and to recover such
amount paid from You.
Account services
are available to those members in good standing with the Credit Union. We
reserve the right to cancel or suspend services to a member who is not in good
standing, which includes members that have (a) a delinquent loan; (b) a savings
balance below the Minimum Balance Requirement; (c) an unresolved deposited
returned Check; (d) any unpaid and uncollected fees; (e) a negative balance on
an Account; (f) caused a financial loss to the Credit Union; (g) excessive NSF
checks; or (h) made a material misrepresentation to the Credit Union.
ASSIGNABILITY. You may not assign or
transfer any interest in Your Account.
AGREEMENTS
AND DISCLOSURES. The Agreements and
Disclosures provided to You at the time You opened Your Account and referred to
throughout this Agreement, contain (a) a list of fees and charges applicable to
Your Account; (b) the dividends and applicable Annual Percentage Yield (APY);
(c) how dividends are credited or compounded; and (d) other pertinent
information related to Your Account. Your Agreements and Disclosures may be
amended by Us from time to time in a manner as prescribed by law.
STOP
PAYMENTS. You may ask Us orally to stop
payment on a Check. For any such request to remain valid, however, You must also
supply Us with a written request within 14 days after You make any such oral
request. Stop payment requests are also subject to the terms and conditions of
the Order For Stop Payment form related to any such request. Your request must
be given to Us in a timely manner so that We have a reasonable opportunity to
act on Your request. A written stop payment request is effective for six months.
If at the end of six months, You request Us to continue the stop payment order,
that request will be treated as a new request. We are not liable if We pay a
Check which You have requested Us to stop payment on as long as We act in good
faith and exercise ordinary care.
In any event,
any damages that We might otherwise be liable for shall not exceed the amount of
the involved Check. If We do pay a Check for which You have requested stop
payment and as a result any other item is returned unpaid by Us due to
nonsufficient funds, We are not liable for any consequences resulting from such
action. If Your Account is a joint Account, any Owner of the Account may request
a stop payment. Any release of a stop payment order must be made by the person
who made the request. If You ask Us to stop payment on a preauthorized transfer,
Your request will be processed under the provisions of Our Electronic Fund
Transfer Agreement with You. Stop payment requests are also subject to the terms
and conditions of the Order For Stop Payment form related to any such request.
CHECKS AND
OTHER ACCOUNT ACCESS DEVICES. Any Check
or other Account access device which does not meet Our standards for acceptance
may be rejected by Us, whether such standards are established by law, regulation
or Our own policy.
POSTDATED,
STALE OR OVERDRAFT CHECKS. You
understand that postdating a Check will have no effect on whether or not it is
honored prior to or after the date of any such Check. A stale Check is any Check
received by Us that is dated six months or more prior to the date of receipt. We
may pay or refuse to pay any postdated, stale or overdraft Check, or other item
presented for payment on Your Account without any liability.
CHECK
SAFEKEEPING. Check Safekeeping is
automatic on Your Account and Your cancelled Checks will not be returned to You.
You understand that cancelled Checks retained by Us are later destroyed after a
reasonable period of time. If You subsequently request a copy of a Check and We
are unable to supply it, then We shall not be liable for any damage You may
sustain in excess of the face amount of the involved Check.
PERIODIC
STATEMENTS. You will be provided with a
periodic statement showing activity on Your Account. If You believe any
statement reflects discrepancies, You must notify Us of such discrepancies
within 30 days from the date We mailed the statement to You. If the discrepancy
noted is the result of an electronic fund transfer, then the provisions of Our
Electronic Fund Transfer Agreement with You will control resolution of the
matter.
AMENDMENTS. This Agreement may be
amended by Us at any time, in which case We will provide You with a notice of
amendment as required by law or regulation.
ORGANIZATIONAL, PARTNERSHIP OR CORPORATION ACCOUNTS. If Your Account is an organizational, partnership or
corporate account, You will supply Us with a separate authorization informing Us
of the authorized signers for the Account and provide any other related
documents if We request You to do so. We require that all partners, owners or
organizational members be individually eligible for membership.
NOTIFICATION
OF ADDRESS CHANGE. You will notify Us
promptly in writing with Your signature if You move or otherwise have a change
of address. In the event We are unable to locate You, You agree to pay all fees
associated with maintaining an invalid address in Our records and any costs and
locator fees incurred in Our locating efforts.
WAIVERS.
You agree and understand that Our
failure or delay to exercise any right, remedy, power, or privilege available to
Us pursuant to this Agreement shall not affect or disallow Our future exercise
of that right, remedy, power or privilege.
GOVERNING
LAW. This Agreement shall be governed by
the laws of the State of California, except to the extent that federal law
controls.
ACCOUNT DISCLOSURES
THE FOLLOWING DISCLOSURES
CONTAIN IMPORTANT INFORMATION AND THE TERMS AND CONDITIONS OF ANY ACCOUNT OR
ACCOUNTS THAT YOU MAY HAVE WITH US ARE PROVIDED AS REQUIRED BY THE
TRUTH-IN-SAVINGS ACT. WHEREVER USED, “APY” MEANS ANNUAL PERCENTAGE
YIELD.
SPECIFIC TERMS APPLICABLE TO
YOUR
SHARE
ACCOUNT
TIERED
VARIABLE RATE INFORMATION. This Account
is subject to a Tiered Variable Rate. For the current dividend rate and
corresponding APY, refer to the separate page titled "Account Disclosure Rate
Supplement and Schedule of Fees and Charges" which We have included with and
made a part of this Disclosure.
MINIMUM
BALANCE REQUIREMENTS. The fee for
dropping below the Minimum Balance Requirement will be waived if You have other
services/products in good standing with the Credit Union.
TRANSACTION
LIMITATIONS. Withdrawals from Your
Account are subject to a minimum of $5.
SPECIFIC TERMS APPLICABLE TO
YOUR
FIRST STEP, NEXT STEP,
REGULAR,
DIRECT DEPOSIT, AND EXTRA STEP
CHECKING ACCOUNTS
VARIABLE RATE
INFORMATION. These Accounts are subject
to a Variable Rate. For the current dividend rate and corresponding APY, refer
to the separate page titled "Account Disclosure Rate Supplement and Schedule of
Fees and Charges" which We have included with and made a part of this
Disclosure.
TRANSACTION
LIMITATIONS. Withdrawals from Your
Account are subject to a minimum of $5.00. Upon Your 24th birthday, Your Account
will automatically be converted to a Regular Checking Account, subject to all
applicable rates and fees of such Account.
SPECIFIC TERMS APPLICABLE TO
YOUR
LOONEY TUNES/KIDS
CLUB
SAVINGS
ACCOUNT
TIERED
VARIABLE RATE INFORMATION. This Account
is subject to a Tiered Variable Rate. For the current dividend rate and
corresponding APY, refer to the separate page titled "Account Disclosure Rate
Supplement and Schedule of Fees and Charges" which We have included with and
made a part of this Disclosure.
TRANSACTION
LIMITATIONS. Withdrawals from Your
Account are subject to a minimum of $5.00.
SPECIFIC TERMS APPLICABLE TO
YOUR
FIRST STEP, NEXT STEP AND
EXTRA STEP
SAVINGS
ACCOUNT
TIERED
VARIABLE RATE INFORMATION. These
Accounts are subject to a Tiered Variable Rate. For the current dividend rate
and corresponding APY, refer to the separate page titled "Account Disclosure
Rate Supplement and Schedule of Fees and Charges" which We have included with
and made a part of this Disclosure.
TRANSACTION
LIMITATIONS. Withdrawals from Your
Account are subject to a minimum of $5. Upon Your 24th birthday, Your Account
will automatically be converted to a Share Account, subject to all applicable
rates, fees and minimum balance requirements of such Account.
SPECIFIC TERMS APPLICABLE TO
YOUR
MONEY MARKET
SAVINGS/CHECKING ACCOUNT
TIERED
VARIABLE RATE INFORMATION. This Account
is subject to a Tiered Variable Rate. For the current dividend rate and
corresponding APY, refer to the separate page titled "Account Disclosure Rate
Supplement and Schedule of Fees and Charges" which We have included with and
made a part of this Disclosure.
TRANSACTION
LIMITATIONS. Withdrawals from Your
Account are subject to a minimum of $250.00.
SPECIFIC TERMS APPLICABLE TO
YOUR
IRA SHARE
ACCOUNT
TIERED
VARIABLE RATE INFORMATION. This Account
is subject to a Tiered Variable Rate. For the current dividend rate and
corresponding APY, refer to the separate page titled "Account Disclosure Rate
Supplement and Schedule of Fees and Charges" which We have included with and
made a part of this Disclosure.
TRANSACTION
LIMITATIONS. Withdrawals from Your
Account are subject to a minimum of $5.00.
Individual
Retirement Accounts are also subject to limitations and/or penalties imposed by
the Internal Revenue Service. Please see Your IRA Agreement or Your tax advisor
for additional information.
SPECIFIC TERMS APPLICABLE
TO
YOUR SHARE AND JUMBO
SHARE
CERTIFICATE
ACCOUNT(S)
FIXED RATE
INFORMATION. These Accounts are subject
to a Fixed Rate. For the dividend rate and corresponding APY, refer to the
separate page titled "Account Disclosure Rate Supplement and Schedule of Fees
and Charges" which we have included with and made a part of this Disclosure.
TRANSACTION
LIMITATIONS. Accrued dividends may be
credited to Your Share Accounts, mailed to You or applied to the existing
Certificate.
MATURITY
DATE. Your Account will mature after the
term indicated on the separate page titled "Account Disclosure Rate Supplement
and Schedule of Fees and Charges" which We have included with and made a part of
this Disclosure.
EARLY
WITHDRAWAL PROVISIONS. We will impose a
penalty if You withdraw any of the funds before the maturity date. The penalty
imposed will equal 90 days worth of dividends on the amount withdrawn.
RENEWAL
POLICIES. Your Account will
automatically renew upon maturity. You will have a five-calendar-day grace
period following the maturity of Your Account during which You may make
withdrawals from Your Account without penalty.
SPECIFIC TERMS APPLICABLE TO
YOUR
MONEY TREE SHARE CERTIFICATE
ACCOUNT
FIXED RATE
INFORMATION. This Account is subject to
a Fixed Rate. For the dividend rate and corresponding APY, refer to the separate
page titled "Account Disclosure Rate Supplement and Schedule of Fees and
Charges" which We have included with and made a part of this Disclosure.
TRANSACTION
LIMITATIONS. Accrued dividends may be
credited to Your Share Accounts, mailed to You or applied to the existing
Certificate.
MATURITY
DATE. Your Account will mature after the
term indicated on the separate page titled "Account Disclosure Rate Supplement
and Schedule of Fees and Charges" which We have included with and made a part of
this Disclosure.
EARLY
WITHDRAWAL PROVISIONS. We will impose a
penalty if You withdraw any of the funds before the maturity date. The penalty
imposed will equal 90 days worth of dividends on the amount withdrawn.
RENEWAL
POLICIES. Your Account will
automatically renew upon maturity. You will have a five-calendar-day grace
period following the maturity of Your Account during which You may make
withdrawals from Your Account without penalty.
SPECIFIC TERMS APPLICABLE
TO
YOUR TRADITIONAL IRA AND ROTH
IRA
SHARE AND JUMBO
SHARE
CERTIFICATE
ACCOUNTS
FIXED RATE
INFORMATION. These Accounts are subject
to a Fixed Rate. For the dividend rate and corresponding APY, refer to the
separate page titled "Account Disclosure Rate Supplement and Schedule of Fees
and Charges" which We have included with and made a part of this disclosure.
EARLY
WITHDRAWAL PROVISIONS. We will impose a
penalty if You withdraw any of the funds before the maturity date. The penalty
imposed will equal 90 days worth of dividends on the amount withdrawn.
MATURITY
DATE. Your Account will mature after the
term indicated on the separate page titled "Account Disclosure Rate Supplement
and Schedule of Fees and Charges" which We have included with and made a part of
this Disclosure.
TRANSACTION
LIMITATIONS. Individual Retirement
Accounts are subject to limitations and/or penalties imposed by the Internal
Revenue Service. Please see Your IRA Agreement or Your tax advisor for
additional information.
RENEWAL
POLICIES. Your Account will
automatically renew upon maturity. You will have a five-calendar-day grace
period following the maturity of Your Account during which You may make
withdrawals from Your Account without penalty.
GENERAL TERMS
APPLICABLE TO ALL ACCOUNTS
MINIMUM
BALANCE REQUIREMENTS. To be a member and
maintain Accounts with Us You must purchase one share in the Credit Union. The
par value of a share in this Credit Union is $5.00. If the balance in Your
Account drops below one share ($5.00) for a period of six months or more, and
You are not utilizing any other services with the Credit Union, We may, at Our
option, close Your Account.
The minimum
balance (if any) required to open Your Account is disclosed to You separately in
the "Account Disclosure Rate Supplement and Schedule of Fees and Charges"
provided in conjunction with these Agreements and Disclosures. The average daily
balance that You must maintain in Your Account each day to obtain the disclosed
annual percentage yield and/or to avoid a fee is also disclosed to You
separately in the "Account Disclosure Rate Supplement and Schedule of Fees and
Charges" provided in conjunction with these Agreements and Disclosures. You will
earn dividends for every day during the period that Your Account balance equals
or exceeds the average daily balance requirements.
NONSUFFICIENT
FUND RETURNS. Any Check or preauthorized
transfer, or transaction made through the use of Your ATM or debit Card, or
other electronic means, as is applicable, (including any in-person transaction),
that is presented to Us for payment on Your Account when Your Account lacks
sufficient collected funds to pay any such item may, at Our option, be returned
for nonsufficient funds or We may honor any such item and charge You a fee for
doing so.
VARIABLE RATE
INFORMATION. For all dividend-bearing
accounts subject to a Variable Rate or a Tiered Variable Rate, the dividend rate
and APY may change every dividend period based on the determination of the
Credit Union Board of Directors.
NATURE OF
DIVIDENDS. Dividends are paid from
current income and available earnings, after required transfers to reserves at
the end of a dividend period.
WITHDRAWAL OF
INTEREST PRIOR TO MATURITY. For all
Certificate Accounts, the Annual Percentage Yield assumes that interest remains
on deposit until maturity. A withdrawal will reduce earnings.
ADDITIONAL
TRANSACTION LIMITATIONS. For all
Accounts (except Checking Accounts) during any statement period, You may not
make more than six withdrawals from or transfers to another Credit Union Account
of Yours or to a third party by means of a pre-authorized or automatic transfer
or telephonic order or instruction. No more than three of the six transfers may
be made by check, draft, debit card, if applicable, or similar order to a third
party. We may charge You a fee if You exceed these limitations and/or Your
Account may be subject to closure by the Credit Union.
The Credit Union
reserves the right to require a member intending to make a withdrawal to give
written notice of such intent not less than seven days and up to 60 days before
any such withdrawal.
COMPOUNDING
AND CREDITING. For all dividend-bearing
Accounts, dividends will be earned daily for each day on which Your balance
exceeds the minimum daily balance requirement for Your Account. The dividend
period, compounding frequency and the crediting frequency for all accounts is
shown in the following table:
|
Account Type
|
Dividend |
Compounding |
Crediting | |||
|
|
|
|
| |||
|
Share (2)
|
|
Quarterly |
|
Quarterly |
|
Quarterly |
|
Looney Tunes/Kids Club
|
|
Quarterly |
|
Quarterly |
|
Quarterly |
|
First Step Savings (2)
|
|
Quarterly |
|
Quarterly |
|
Quarterly |
|
Next Step Savings (2)
|
|
Quarterly |
|
Quarterly |
|
Quarterly |
|
Extra Step Savings (2)
|
|
Quarterly |
|
Quarterly |
|
Quarterly |
|
Regular/Checking (2)
|
|
Monthly |
|
Monthly |
|
Monthly |
|
Direct Deposit/Checking
(2) |
|
Monthly |
|
Monthly |
|
Monthly |
|
First Step/Checking (2)
|
|
Monthly |
|
Monthly |
|
Monthly |
|
Next Step/Checking (2)
|
|
Monthly |
|
Monthly |
|
Monthly |
|
Extra Step/Checking (2)
|
|
Monthly |
|
Monthly |
|
Monthly |
|
Money Market
|
|
Monthly |
|
Monthly |
|
Monthly |
|
Money Tree |
|
Monthly |
|
Monthly |
|
Monthly |
|
Share Certificate (1)
|
|
Monthly |
|
Monthly |
|
Monthly |
|
Jumbo Share
|
|
Monthly |
|
Monthly |
|
Monthly |
|
IRA Share (2)
|
|
Quarterly |
|
Quarterly |
|
Quarterly |
|
Traditional IRA |
|
Monthly |
|
Daily |
|
Monthly |
|
Jumbo Traditional IRA and
Roth |
|
Monthly |
|
Daily |
|
Monthly |
|
|
|
|
|
|
|
|
|
(1) Accrued dividends will
be paid when You close Your Account. Withdrawing all funds for the purpose
of closing Your Account entitles payment of accrued, but uncredited,
dividends. |
|
|
| |||
|
(2) You will not receive
any accrued dividends if You close Your Account prior to the crediting of
those dividends. |
|
|
| |||
BALANCE COMPUTATION METHOD. For
dividend-bearing Accounts (except Certificate Accounts), dividends are
calculated by the average daily balance method which applies a daily periodic
rate to the average daily balance for the average daily balance calculation
period. The average daily balance is determined by adding the full amount of the
principal in Your Account for each day of the period and dividing that figure by
the number of days in the period. For Certificate Accounts, dividends are
calculated by the daily balance method which applies a daily periodic rate to
the entire principal balance in Your Account for each day.
ACCRUAL ON
NONCASH DEPOSITS. For dividend-bearing
Accounts, dividends will begin to accrue on the business day that You deposit
noncash items (e.g. checks) into Your Account.
OTHER FEES
AND CHARGES. Any fees and charges
applicable to Your Account are disclosed separately in the "Account Disclosure
Rate Supplement and Schedule of Fees and Charges" provided in conjunction with
these Agreements and Disclosures.
ELECTRONIC SERVICES AGREEMENT
AND DISCLOSURE
THIS IS YOUR ELECTRONIC SERVICES
AGREEMENT AND DISCLOSURE. IT INCLUDES NECESSARY FEDERAL STATEMENTS AS REQUIRED
BY THE ELECTRONIC FUND TRANSFER ACT (15 U.S.C. SECTION 1693 ET SEQ) AND
REGULATION E (12 CFR 205 ET SEQ) AND ANY SPECIAL INSTRUCTIONS REGARDING THE USE
OF YOUR AUTOMATED TELLER MACHINE (ATM) CARD, VISA CHECK CARD AND OUR AUDIO
RESPONSE SYSTEM (TELLERPHONE), OUR PERSONAL COMPUTER ACCOUNT ACCESS SYSTEM
(SWIFTTELLER ONLINE), EACH WITH THEIR CORRESPONDING PERSONAL IDENTIFICATION
NUMBER (PIN) AND ANY CHECKS YOU AUTHORIZE TO BE PROCESSED ELECTRONICALLY
(E-CHECK).
AUTOMATED TELLER MACHINE (ATM)
CARD, VISA CHECK CARD, TELLERPHONE, SWIFTTELLER ONLINE AND E-CHECK
AGREEMENT. This Agreement applies to any
electronic fund transfer made to or from Your Account(s) by You or by any user
who has access to Your Account with actual, apparent or implied authority for
use of Your Account. Electronic fund transfers to and from Your Account can be
made through the use of, but may not be limited to, the following: (a) Your ATM
Card at any authorized Automated Teller Machine (ATM) or any other facility
honoring Your Card in conjunction with Your ATM Card Personal Identification
Number ("PIN"); (b) Your VISA Check Card in Automated Teller Machines (ATMs) or
at any place that it is honored including those transactions made through the
use of the appropriate PIN in conjunction with Your VISA Check Card; (c) any
check which You authorize the payee to process electronically; (d) the
TellerPhone system; and (e) the Swiftteller Online system.
An electronic fund transfer is any
transfer of funds which is performed through the use of Your ATM Card, VISA
Check Card, E-Check, Our TellerPhone service, Our Swiftteller Online service or
other electronic device. You understand that Your Card and any Personal
Identification Numbers (PINs) are issued by Us and are not transferable. The use
of Your Card, PIN and/or any other Account access device is subject to the
following terms. You agree: (a) to abide by Our rules and regulations as amended
related to the use of Your Card, PIN and/or other Account access device; (b)
that We may follow all instructions given to machines; (c) not to use Your Card
for illegal transactions including, but not limited to, advances made for the
purpose of gambling and/or wagering where such practices are in violation of
applicable state and/or Federal law; and (d) that each withdrawal by You or by
any authorized user of Your Card or PIN may be charged to Your Savings or
Checking Account, as appropriate, and will be treated as though it were a share
withdrawal except that: (1) We may charge withdrawals to Your Account in any
order We determine; (2) We cannot honor stop payment requests on ATM, VISA Check
Card, and POS withdrawals.
We may, but are under no obligation
to do so, process an Electronic Fund Transfer that exceeds the balance in Your
Savings and/or Checking Account. In the event that any such transfer occurs, You
agree to immediately pay Us the overdrawn amount plus any associated fees and
charges.
JOINT ACCOUNTS. If this is a joint Account, You agree to be jointly and
severally liable, under the terms of this Agreement. You understand that any
Account access device that is requested and approved will be mailed only to the
primary accountholder at the address that We have for You on file. We may refuse
to follow any instructions which run counter to this provision.
DELAYED FUNDS AVAILABILITY
NOTICE. Subject to Our Delayed Funds
Availability Policy, deposits made at South Western Federal Credit Union
locations may not be posted to Your Account until they are received and verified
by Us. All items deposited at Our branch locations prior to Our cutoff time are
processed that business day, whereas items deposited after Our cutoff time are
processed the following business day. All items deposited at Our branch
locations are removed from ATM machines each business day. We are not
responsible for delays in deposit posting due to improper identification of the
deposit. See Our Funds Availability Policy Disclosure for Our policy regarding
the availability of Your deposits.
ISSUANCE OF PERSONAL
IDENTIFICATION NUMBERS. You will be
issued separate Personal Identification Numbers (PINs) to be used in conjunction
with ATM Card, VISA Check Card, TellerPhone and Swiftteller Online transactions.
Your use of Your PIN is Your authorization to Us to withdraw funds from Your
Savings Account or Your Checking Account to cover such transactions.
TYPES AND LIMITATIONS OF
SERVICES
ATM CARD
TRANSACTIONS. You may use Your ATM Card
in conjunction with Your PIN in ATM machines or such other facilities as We may
designate. At the present time, You may make the following types of
transactions: (a) withdraw cash from Your Savings or Checking Account(s)
(subject to a maximum of $505 per day); (b) make deposits into Your Savings or
Checking Account(s) at any ATM authorized to accept South Western Federal Credit
Union deposits; (c) transfer funds between Your deposit Accounts; and (d) learn
the balances in Your deposit Accounts that You have with Us.
You may also make Point of Sale
("POS") withdrawals with Your ATM Card from Your Checking Account at any
location that honors Your Card (subject to a maximum of $505 per day). If You do
use Your Card for such transactions, You authorize Us to withdraw funds up to
the available balance of Your Account(s) to cover any such transactions,
provided You have available funds.
ATM and POS withdrawals are
subject to a combined maximum daily amount not to exceed
$1,010.
VISA CHECK CARD
TRANSACTIONS. You may use Your VISA
Check Card in conjunction with Your PIN in ATMs and/or such other machines or
facilities as We may designate. At the present time You may make the following
types of transactions: (a) withdraw cash from Your Savings or Checking
Account(s) (subject to a maximum of $505 per day); (b) make deposits into Your
Savings or Checking Account(s) at any ATM authorized to accept South Western
Federal Credit Union deposits; (c) transfer funds between Your deposit Accounts;
and (d) learn the balances in Your deposit Accounts that You have with Us.
You may also use Your VISA Check
Card to make Point of Sale (POS) withdrawals from Your Checking Account and to
purchase goods and services at any location where the Card is accepted (subject
to a maximum of $5,000 per day). If You do use Your Card for such transactions,
You authorize Us to withdraw funds up to the available balance of Your
Account(s) to cover any such transactions, provided You have available funds.
ATM and POS withdrawals are
subject to a combined maximum daily amount not to exceed
$5,505.
TELLERPHONE AUDIO RESPONSE
SYSTEM TRANSACTIONS. You may use Our
TellerPhone service in conjunction with Your PIN to make the following types of
transactions on designated accounts: (a) telephone transfers of funds between
Your deposit Accounts and/or loan Accounts; (b) payments on Your loan Accounts
by means of a transfer of funds; (c) inquiries on Account balances and loan
data; (d) withdrawals from deposit Accounts; (e) make inquiries on share/deposit
transactions; (f) miscellaneous inquiries on Credit Union services that affect
Your Account; and (g) make inquiries on loan Accounts that You may have with Us.
TellerPhone operates 24 hours every day. If You attempt to use the system and
are told that "the system is not available", please call back later when service
is restored.
SWIFTTELLER ONLINE
TRANSACTIONS. At the present time, You
may use Swiftteller Online via a personal computer for the following services:
(a) Make inquires about Your Savings, Checking, Line of Credit, Loan Accounts or
Certificates with the Credit Union; (b) Make transfers of funds to and from Your
Savings, Checking, and Line of Credit Accounts; (c) Make Teller Check
withdrawals from Your Savings and Checking Accounts; (d) Make payment from Your
Account to third parties; (e) Make loan payments; and (f) Make transfers between
Your deposit Accounts with Us and other financial institutions, except to the
extent that such transfers cannot exceed $5,000.00 each business day.
You may use Swiftteller Online to
authorize the Credit Union to pay certain payees on Your behalf, provided You
have a Savings Account and a Checking Account with South Western Federal Credit
Union. By using Swiftteller Online for such transactions, You authorize Us to
post any such payments to Your Checking Account and You understand that any fees
for the use of this service will automatically be charged to Your Checking
Account. Swiftteller Online payments will be made by check and may take as long
as five business days from the date requested to be sent to the payee. The
Credit Union cannot guarantee the time any payment will reach any of Your payees
and accepts no liability for any service fees or late charges levied against
You.
E-CHECK
TRANSACTIONS. You may authorize a
merchant or other payee to make a one-time electronic payment from Your checking
Account using information from your check ("E-Check") to: (a) pay for purchases;
or (b) pay bills.
OWNERSHIP. Your Card and/or any other Account access device will
remain Our property and may be cancelled or its use restricted by Us at any time
without notice. You agree to surrender it and to discontinue its use immediately
upon Our request. You will be required to return any Account access devices to
Us immediately upon the closing of Your Account.
NOTIFICATION OF PRE-AUTHORIZED
DEPOSITS. If You have arranged to have
direct deposits made to Your Account at least once every 60 days (from Your
employer, the Federal government or other payor), You can call Us at (562)
694-8296 or (800) 899-8296 or call TellerPhone at (800) 654-6368 to find out
whether or not the deposit has been made.
RIGHT TO STOP PRE-AUTHORIZED
PAYMENTS. If You want to stop any
pre-authorized payments, call Us at (562) 694-8296 or (800) 899-8296 or write Us
at the address shown in this Agreement in time for Us to receive Your stop
payment request three business days or more before the payment is scheduled to
be made. You may also stop payment by visiting Our website at www.swfcu.org and
log on to e-banking. If You call, We may also require You to put Your request in
writing and get it to Us within 14 days after You call. Such 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
pre-authorized payment arrangement, contact the third party.
OUR LIABILITY FOR FAILURE TO
STOP PAYMENT. If You order Us to place a
stop payment on one of Your pre-authorized payments three business days or more
before the transfer is scheduled, and We do not do so, We will be liable for
losses or damages, to the extent provided by law.
TRANSACTION
SLIPS. You can get a receipt at the time
You make any transaction to or from Your Account (except for TellerPhone,
Swiftteller Online, mail-in transactions, and certain small-value transactions).
When an electronic transfer has been made during any given month, You will
receive a monthly statement to reflect all electronic fund transfers to or from
Your Account during that statement period. In any case, You will receive a
statement at least quarterly.
FEES. We may assess reasonable charges against Your Account
for transactions performed at electronic terminals. If so, We will specify any
charges for these or other types of electronic transactions, including automatic
transfers, on an accompanying pricing document. We will explain the charges to
You when You open Your Account. We are not responsible for fees charged by ATM
machines or other facilities that We do not own or operate. When You use an ATM
not owned by Us, You may be charged a fee by the ATM operator, or any network
used, and You may be charged a fee for a balance inquiry even if You do not
complete a fund transfer. You will be provided with a fee schedule, TellerPhone
and Swiftteller Online information after Your Account is established. Additional
fee schedules are available at any of Our office locations.
LIABILITY FOR FAILURE TO
COMPLETE TRANSACTIONS. If We do not
properly complete a transaction to or from Your Account according to this
Agreement, We will be liable for Your losses or damages. However, We will not be
liable if: (a) Your Account does not contain enough money to make the
transaction through no fault of Ours; (b) the ATM where You are making the
transaction does not have enough cash; (c) the terminal was not working properly
and You knew about the breakdown when You started the transaction; (d)
circumstances beyond Our control prevent the transaction; (e) Your Card is
retrieved or retained by an ATM; or (f) Your Card or PIN has been reported lost
or stolen and We have blocked the Account.
LIABILITY FOR UNAUTHORIZED
USE. Telephone Us at once at (562)
694-8296 or for VISA Check Cards, (800) 899-8296 during business hours and (800)
754-4128 after hours, on weekends and holidays, or write Us at the address shown
in this Agreement if You believe Your Card or PIN have been lost or stolen, or
if you believe that an electronic fund transfer has been made without Your
permission using information from Your check. Telephoning is the best way of
keeping Your possible losses down. You could lose all of the money in Your
Account (plus Your maximum overdraft line of credit, if applicable). If You tell
us within two business days after You learn of the loss or theft of Your Card or
PIN, You can lose no more than $50 if someone uses Your Card or PIN without Your
permission. If You fail to tell Us within two business days after You learn of
the loss or theft of Your Card or PIN and We can prove that We could have
stopped someone from using Your Card or PIN without Your permission if You had
told Us, then You could lose as much as $500. Additionally, if Your periodic
statement shows transfers that You did not make, including those made by Card,
PIN or other means, You will tell Us at once. If You fail to tell Us within 60
days after We mail You the first periodic statement on which the transfer
appears, You could lose the entire Account balance if We can prove We could have
stopped someone from taking Your money if You had given Us notice in time. If a
valid reason (such as a long trip or hospital stay) keeps You from giving Us
notice, We will extend the time periods. Exception: You will have no liability for unauthorized use for Your
VISA Check Card as long as You report the loss or theft of Your VISA Check Card
within two business days. If You report such loss or theft after two business
days, or provide proper notification of other unauthorized VISA Check Card
transactions, Your liability for unauthorized use will not exceed $50. These
exceptions do not apply to transactions originating at an ATM or from Your gross
negligence and/or fraudulent use of Your VISA Check Card.
IN CASE OF ERRORS OR IF YOU HAVE
QUESTIONS ABOUT ELECTRONIC TRANSFERS.
Telephone Us at once at (562) 694-8296 or for VISA Check Cards, (800) 899-8296
during business hours and (800) 754-4128 after hours, on weekends and holidays
or write Us at the address shown in this Agreement 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. You may also visit Our website
at www.swfcu.org to report a problem with or an error on Your statement. We must
hear from You no later than 60 days after We send You the first statement on
which the problem or error appeared.
(1) Tell Us
Your name and Account number.
(2)
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.
(3) 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 10 business days. We
will determine whether an error occurred 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 credit Your Account within 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 10 business
days, We may not credit Your Account. We will tell You the results within three
business days after completing Our investigation. If We decide that there was no
error, We will send You a written explanation. You may ask for copies of the
documents that We used in Our investigation. If We have credited Your Account
with funds while investigating an error, We will charge Your Account for those
funds if We conclude no error has occurred. In this provision, all references to
10 business days will be 20 business days if Your notice of error involves an
electronic fund transfer that occurred within 30 days after the first deposit to
Your Account was made and all references to 45 business days will be 90 business
days if Your notice of error involves an electronic fund transfer that: (a) was
not initiated within a state; (b) resulted from a point-of-sale debit card
transaction; or (c) if Your notice of error involves an electronic fund transfer
that occurred within 30 days after the first deposit to Your Account was made.
UNAUTHORIZED
TRANSFERS. To report a lost or stolen
ATM Card, PIN or any combination thereof, You will call Us at (562) 694-8296 or
for VISA Check Cards, (800) 899-8296 during business hours and (800) 754-4128
after hours, on weekends and holidays. You may also write to Us to report the
loss of a Card, PIN or any combination thereof, at the address shown in this
Agreement. You should also call the number or write to the address listed above
if You believe a transfer has been made using the information from Your check
without Your permission.
FOREIGN
TRANSACTIONS. For transactions initiated
in foreign currencies, the exchange rate between the transaction currency and
the billing currency (U.S. dollars) will be: (a) a rate selected by VISA from
the range of rates available in wholesale currency markets for the applicable
central processing date, which rate may vary from the rate VISA itself receives;
or (b) the government-mandated rate in effect for the applicable central
processing date. In each instance, plus or minus any adjustment determined by
the Credit Union.
DISCLOSURE OF ACCOUNT
INFORMATION. We may disclose information
to third parties about Your Account or transfers You make: (1) when it is
necessary to complete an electronic transaction, or (2) in order to verify the
existence and conditions of Your Account for a third party such as a credit
bureau or merchant, or (3) in order to comply with a government agency or court
order, or any legal process, or (4) if You give Us written permission.
TERMINATION. We may terminate Your right to use Your Card or PIN or
cancel this Agreement at any time upon written notice. You may request
termination of these services in writing.
CHANGE IN TERMS. We may change the terms and charges for the services
shown in this Agreement and may amend this Agreement from time to time.
BUSINESS DAYS. Every day is a business day except Saturdays, Sundays
and federal holidays.
GOVERNING LAW. This Agreement is controlled and governed by the laws of
the State of California except to the extent that such laws are inconsistent
with controlling federal law.
FUNDS AVAILABILITY POLICY
DISCLOSURE
THIS DISCLOSURE DESCRIBES YOUR
ABILITY TO WITHDRAW FUNDS AT SOUTH WESTERN FEDERAL CREDIT UNION. YOU SHOULD ALSO
REFER TO THE SECTION OF THIS BROCHURE THAT DESCRIBES THE DETAILS OF YOUR
SPECIFIC ACCOUNT TYPE AND/OR ANY MEMBERSHIP AGREEMENT(S) WE REQUIRE FOR
ADDITIONAL INFORMATION.
YOUR ABILITY TO WITHDRAW
FUNDS. Our general policy is to make
funds from Your deposits available to You on the day of Your deposit. Electronic
direct deposits will be available on the day We receive the deposit. Once they
are available, You can withdraw the funds and We will use the funds to pay
checks that You have written.
For determining the availability of
Your deposits, every day is a business day, except Saturdays, Sundays and
federal holidays. If You make a deposit prior to closing on a business day that
We are open, We will consider that day to be the day of Your deposit. However,
if You make a deposit after closing or on a day that We are not open, We will
consider the deposit made on the next business day We are open.
LONGER DELAYS MAY
APPLY. In some cases, We will not make
all the funds You deposit by check available to You on the day We receive Your
deposit. However, for Checking Accounts, the first $100 of Your deposit will be
available on the first business day.
If We are not going to make all the
funds from Your deposit available on the same business day, We will notify You
at the time You make Your deposit. We will also tell You when the funds will be
available. If Your deposit is not made directly to one of Our employees, or if
We decided to take this action after You have left the premises, We will mail
You the notice by the next business day after We receive Your deposit.
If You will need the funds from a
deposit right away, You should ask Us when the funds will be available. In
addition, funds You deposit by check may be delayed for a longer period under
the following circumstances:
.
We believe a check You
deposit will not be paid.
.
You deposit checks totaling
more than $5,000 on any one day.
.
You deposit a check that
has been returned unpaid.
.
You have overdrawn Your
Account repeatedly in the last 6 months.
.
There is an emergency, such
as failure of communications or computer equipment.
We will notify You if We delay Your
ability to withdraw funds for any of these reasons, and We will tell You when
the funds will be available. They will generally be available no longer than the
7th business day following the day of Your deposit. In any case, We reserve the
right to refuse an item for deposit or encashment.
SPECIAL RULES FOR NEW
ACCOUNTS. If You are a new member, the
following special rules may apply during the first 30 calendar days Your Account
is open. Funds from electronic direct deposits to Your Account will be available
on the day We receive the deposit. Funds from deposits of cash, wire transfers,
and the first $5,000 of a day's total deposits of cashier's, certified,
teller's, traveler's, and federal, state, and local government checks will be
available on the next business day after the day of Your deposit if the deposit
meets certain conditions. For example, the checks must be payable to You. The
excess over $5,000 will be available on the ninth business day after the day of
Your deposit. Funds from all other check deposits will be available within 11
business days following the day of Your deposit. Further delays may apply.
DEPOSITS AT AUTOMATED
TELLER MACHINES. If You make an ATM deposit prior to closing We will
consider that day to be the day of Your deposit. However, if You make a deposit
after closing or on a day that We are not open, We will consider the deposit
made on the next business day that We are open. Deposits subject to delayed
availability will become available on the next business day after the day of
Your deposit.
CASH WITHDRAWAL LIMITATION. We place certain limitations on withdrawals in cash. In
general, You may not withdraw more than $5,000 in cash during each 24-hour
period.
LOCATION OF CHECK
ENDORSEMENTS. Federal law requires all
check endorsements to be in the first 1-1/2 inches of the trailing edge of the
back of the check. The trailing edge is opposite the left side of the face of
the check, the side of the check just behind Our address. You will be
responsible for any costs incurred by Us due to delays in returning checks
deposited into Your Account that do not comply with the endorsement standards.
DIVIDEND PAYMENT
POLICY. See the Account Disclosures
section in these Agreements And Disclosures for Our policy on the payment of
dividends.
WIRE TRANSFER
AGREEMENT
THESE ARE THE TERMS AND
CONDITIONS WHENEVER YOU REQUEST A TRANSFER OF FUNDS FROM OR TO YOUR SAVINGS OR
CHECKING ACCOUNTS ("ACCOUNT") WITH US BASED UPON YOUR WRITTEN REQUEST. WE WILL
PROVIDE WIRE TRANSFER SERVICES AS A MEANS TO INITIATE DOMESTIC AND INTERNATIONAL
TRANSFERS FOR YOU, SUBJECT TO THE TERMS OF THIS AGREEMENT, WHICH YOU AGREED TO
BY SIGNING YOUR MEMBERSHIP AGREEMENT WITH US AT THE TIME THAT YOUR ACCOUNT WAS
ESTABLISHED.
1. We are authorized to charge Your
Account for the payment of wire transfer requests. If more than one Account(s)
is designated, We may charge any of the designated Accounts unless You give Us
specific written directions otherwise. Your transfer requests may involve the
transfer of funds from any of Your designated Accounts with Us to another
account You have with Us, to any other financial institution, or to a third
party or account of a third party maintained with Us or any other financial
institution. There are no restrictions or limitations on the amounts which may
be ordered or requested, or on the location or address of the beneficiary of a
transfer unless You give Us written instructions to the contrary.
2. The party(ies) named in Your
Membership Agreement are the Authorized Persons who may issue payment orders to
Us for the initiation of wire transfers or to receive telephone calls from Us,
in accordance with this Agreement, for the purpose of confirming payment orders
for the initiation of wire transfers which have been transmitted to Us under
this Agreement for any Account designated in Your Membership Agreement. For
confirmation purposes, We may call any party designated in Your Membership
Agreement. If more than one Authorized Person is named, any one of them may
issue payment orders on any designated Account.
3. Wire transfer requests must be
given to Us in compliance with Our cut-off hours as established from time to
time by Us. We are not responsible for the accuracy of a routing number which
You supply in Your written wire transfer request. Wire transfer requests
received by Us after Our cut-off hours may be treated as if received on the
following business day.
4. We have no obligation to accept
or execute any wire transfer request. We will provide You telephonic notice of
rejection. If We are unable to reach You by telephone, We may at Our option give
You notice of rejection in writing.
5. If We accept a wire transfer
request consistent with this Agreement, You agree that any such transfer
requests which We receive are effective as Your transfer request, whether or not
authorized.
6. You will have no right to cancel
or amend a payment order to initiate a wire transfer after We receive it. We
will make a reasonable effort to act on a cancellation or amendment of a payment
order made by You prior to the time that We execute such payment order, but We
have no liability if Your cancellation or amendment is ineffective.
7. You agree to re-execute this
Agreement or to execute a new agreement if changes are necessary. Your
Membership Agreement designates any Account which may be charged in relation to
wire transfer requests. All parties which You have authorized to issue wire
transfer requests or to receive telephonic confirmations from Us are identified
in Your Membership Agreement. All modifications or additions to Your Membership
Agreement must be in writing.
8. You agree to pay Us the amount
of any transfer request which We transmit pursuant to this Agreement when We
execute a payment order to carry out Your wire transfer request. You will not
make any wire transfer request which would cause You to exceed the available
balance in the Account designated to pay the transfer request. If a payment
order is executed which creates an overdraft, with or without Our prior consent,
You agree to pay Us the overdraft amount and any overdraft fee immediately upon
Our demand. We have the right to set-off the amount of any overdraft against the
balance in any of Your accounts with Us and We may exercise any rights We have
under any agreements which grant Us security for the payment of Your liabilities
or obligations to Us.
9. You understand and agree that
the payment of a wire transfer request may be made by Us or any other financial
institution used to carry out the transfer request on the basis of an
identifying or account number which You have provided for a beneficiary, even if
the number identifies a person different from Your intended beneficiary. You
also understand and agree that We or any other financial institution used to
carry out a transfer request, may rely on the identifying number of the
intermediary or beneficiary's financial institution which You have provided as
the proper identification of the intermediary or beneficiary's financial
institution, even if the number identifies a financial institution different
from the one You intended to identify. We or any other financial institution are
not responsible for determining whether any identifying or account numbers You
have provided to initiate a wire transfer are accurate. You will be liable to Us
for the amount of any transfer request even if payment of the transfer request
is made to a person different from the named beneficiary based upon the
beneficiary's identifying or account number provided by You or payment of the
transfer request is made to a financial institution different from the one
identified by name based on the identifying number which You have provided to
Us.
10. You agree to examine any
statement or confirmation which We send You and to notify Us within 30 days
after the mailing date on any statement or confirmation, of any discrepancy or
error. If You fail to notify Us of any discrepancy or error within the required
time period, You agree that We are not liable to pay interest or reimburse You
for any discrepancy or error in relation to a transfer request described in such
statement or confirmation.
11. You and the Credit Union agree
that the following specified security procedures represent a commercially
reasonable method of providing security against unauthorized payment orders: (a)
Only individuals named in Your Membership Agreement shall issue wire transfer
requests to Us; and (b) We reserve the right to telephonically contact any
individual named in Your Membership Agreement for the purpose of confirming a
transfer request, regardless of amount, although We have no obligation to do so.
If We cannot obtain a confirmation satisfactory to Us, then We reserve the right
to refuse to honor any wire transfer request.
We have no responsibility to verify
the identity of any party identifying themselves as an individual authorized to
receive a telephonic confirmation of any wire transfer request, other than to
verify that the name given by such party corresponds to a party named in Your
Membership Agreement. If, for any reason, We are not satisfied that a wire
transfer request was issued by an authorized party or confirmed by an authorized
party, We may refuse to execute the transfer request. If We do so, We shall not
incur any liability of any nature. You agree to prevent disclosure, other than
on a need-to-know basis, of any of the aspects of the security procedures which
You have agreed to with Us. You will notify Us immediately if You believe the
confidentiality of the security procedures has been compromised and You shall
act to prevent the security procedures from being further compromised.
12. We have no liability of any
nature for delays or mistakes, provided We act in good faith and with reasonable
care. We are not responsible for delays or mistakes caused by other parties
through whom We transmit funds whether such other parties were selected by You
or Us. We are not required to make a wire transfer on the day a wire transfer
request is received, unless the wire transfer request is received within a
reasonable time before any cut-off hour We have established. We will generally
use the funds transfer system, but We may use any means and routes that We, in
Our sole discretion, consider suitable for the transmission of funds.
13. You agree that We have no
liability and are not responsible for any delay or failure to transfer any
amount specified in any wire transfer request because of rules, regulations, or
policies of the Federal Reserve Board which limits, in the aggregate, the amount
We can transfer from time to time during any business day, provided, however,
that We will promptly notify You of any such failure or delay and will
effectuate the transfer as soon as is reasonably possible.
14. We shall have no liability
whatsoever for any special, consequential, punitive, or indirect loss or damage
suffered by You in connection with services offered by Us which are subject to
this Agreement, regardless of whether We know or should have known such damages
might be incurred. We have no responsibility for any attorneys' fees that You
might incur.
15. We may terminate this Agreement
at any time by giving written or oral notice to You. Unless We terminate this
Agreement, the Agreement shall remain in effect until We receive written notice
of termination from You and have been afforded a reasonable opportunity to act
on Your termination notice. You may not assign this Agreement to any other
party.
16. This Agreement is governed by
the provisions of Regulation J, 12 CFR Part 210, Subpart B, including the
Appendices, to the extent that any wire transfer request is carried out. Terms
which are not defined in this Agreement shall have the same meaning as defined
in the Uniform Commercial Code Article 4A. This Agreement is also subject to all
applicable Operating Circulars of the Federal Reserve Bank in the district in
which We are located and any other applicable provisions of federal or state
law. To the extent that Regulation J does not apply to this Agreement, this
Agreement shall be governed by the laws of the state in which We are chartered.
17. We may amend this Agreement,
from time to time, by sending You a copy of any amendment at least 30 days prior
to its effective date. This Agreement may also be amended by a writing signed by
You and Us. No representation or statement not expressly contained in this
Agreement or in any amendment shall be binding upon You or Us.
18. If any provision of this
Agreement is prohibited by applicable law, such prohibition shall apply only to
that provision and all other provisions of the Agreement shall remain in full
force and effect.
PRIVACY POLICY
DISCLOSURE
THIS IS YOUR PRIVACY POLICY
DISCLOSURE AND INSTRUCTIONS. IT CONTAINS IMPORTANT INFORMATION CONCERNING OUR
PRIVACY POLICY AND INCLUDES NECESSARY DISCLOSURES AS REQUIRED BY THE
GRAMM-LEACH-BLILEY ACT (15 U.S.C., CH. 94, _6801 ET SEQ.) AND THE NATIONAL
CREDIT UNION ADMINISTRATION RULES AND REGULATIONS (12 CFR 716) AND ANY SPECIAL
INSTRUCTIONS REGARDING YOUR OPTING OUT OF DISCLOSING NONPUBLIC INFORMATION.
PLEASE BE CERTAIN TO READ THESE DISCLOSURES AND INSTRUCTIONS CAREFULLY AND
NOTIFY US AT ONCE IF ANY PARTS ARE UNCLEAR. IF APPLICABLE STATE LAW PROVIDES
GREATER PROTECTION THAN FEDERAL LAW, STATE LAW WILL APPLY.
Throughout these Disclosures and
Instructions, the references to "We", "Us", "Our" and "Credit Union" mean SOUTH
WESTERN FEDERAL CREDIT UNION. The words "You" and "Your" mean each person
applying for and/or using any of the services offered by Us. "Account" means any
account or accounts established for You.
Categories of information We
collect. We collect nonpublic personal
information about You from the following sources:
- Information We receive from You
on applications or other forms;
- Information about Your transactions with
Us, Our affiliates, or others; and
- Information We receive from a consumer
reporting agency.
Categories of information We
disclose about existing and former members. We may disclose the following kinds of nonpublic
personal information about You:
- Information We receive from You
on applications or other forms, such as Your name, address, social security
number, assets, and income;
- Information about Your transactions with Us,
Our affiliates, or others, such as Your account balance, payment history,
parties to transactions, and credit card usage; an
- Information We receive
from a consumer reporting agency, such as Your creditworthiness and credit
history.
Categories of parties to whom We
disclose information about existing and former members. We may disclose nonpublic personal information about You
to the following types of third parties:
- Financial service providers, such
as mortgage bankers, securities broker-dealers, credit union service
organizations; and insurance agents;
- Non-financial companies, such as
retailers, direct marketers, airlines, and publishers; and
- Others, such as
non-profit organizations.
We may also disclose nonpublic
information about You to nonaffiliated third parties as permitted by law.
Information disclosed to service
providers and joint marketing companies about existing and former members.
We may disclose the following
information to companies that perform marketing services on Our behalf or to
other financial institutions with whom We have joint marketing agreements:
- Information We receive from You
on applications or other forms, such as Your name, address, social security
number, assets, and income;
- Information about Your transactions with Us,
Our affiliates, or others, such as Your account balance, payment history,
parties to transactions, and credit card usage; and
- Information We receive
from a consumer reporting agency, such as Your creditworthiness and credit
history.
Your right to request that We
not disclose information about You. If
You prefer that We not disclose nonpublic information about You to affiliated
and nonaffiliated third parties, You may opt out of those disclosures, that is,
You may direct Us not to make those disclosures (other than disclosures
permitted by law). If You wish to opt out of disclosures to affiliated and
nonaffiliated third parties, You may call Us toll-free at (800) 899-8296.
Our policy and practices on
protecting the confidentiality and security of information We have about You.
We restrict access to nonpublic personal
information about You to those employees who need to know that information to
provide products or services to You. We maintain physical, electronic, and
procedural safeguards that comply with federal regulations to guard Your
nonpublic personal information.
Copyright Oak Tree Business
Systems, Inc., 2005-2009. All Rights
Reserved.
OTBS T44web SWFC (12/09)