ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE 

THIS IS YOUR ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE. IT INCLUDES NECESSARY FEDERAL STATEMENTS AS REQUIRED BY THE ELECTRONIC FUNDS 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 ("MASTERCARD CHECK CARD"), OUR AUDIO RESPONSE SYSTEM ("EN TOUCH") AND OUR PERSONAL COMPUTER ACCOUNT ACCESS SYSTEM ("ENFCU ONLINE"), EACH WITH THEIR CORRESPONDING PERSONAL IDENTIFICATION NUMBER (PIN) OR ACCESS CODE AND ANY CHECKS YOU AUTHORIZE TO BE PROCESSED ELECTRONICALLY ("E-CHECK").

MASTER CHECK CARD, ON-LINE BANKING, ENTOUCH AND E-CHECK AGREEMENT. This Agreement applies to any electronic funds 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 funds transfers to and from Your Account can be made through the use of, but may not be limited to the following: (a) Your 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 Card; (b) Our En Touch Audio Response system; (c) Our On-Line Banking Personal Computer Account Access System; and (d) any check in which You authorize the payee to process electronically. An electronic funds transfer is any transfer of funds which is performed through the use of Your Card, Our En Touch Audio Response System, Our On-Line Banking Personal Computer Account Access System, E-Check or other electronic device. You understand that Your Card and any Personal Identification Numbers (PINs) or Access Codes 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 ATM and Point of Sale ("POS") withdrawals from Your Share Draft Account and/or Share Account that You may have with Us are subject to a maximum daily amount (savings, and checking combined) of $500.00, provided You have enough money in Your Accounts; (c) that We may follow all instructions given to Machines; (d) 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 (e) that each withdrawal by You or by any authorized user of Your Card or PIN may be charged to Your Share or Share Draft Account, as appropriate, and will be treated as though it were a share withdrawal except that: (1) We may charge withdrawals to Your Share Account in any order We determine; and (2) We cannot honor stop payment requests on ATM and POS withdrawals.

We may, but are under no obligation to do so, process an Electronic Funds Transfer that exceeds the balance in Your Share and/or Share Draft 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. 

ISSUANCE OF PERSONAL IDENTIFICATION NUMBERS AND ACCESS CODES.

You will be issued separate Personal Identification Numbers (PINs) to be used in conjunction with MasterCard Check Card transactions and separate Access Codes to be used in conjunction with En Touch and On-Line Banking transactions. Your use of Your PIN or Access Code is Your authorization to Us to withdraw funds from Your Share Account or Your Share Draft Account to cover such transactions.  

TYPES AND LIMITATIONS OF SERVICES

ATM/DEBIT TRANSACTIONS. You may use Your Card in conjunction with Your PIN in ATMs and/or such other machines or facilities as We may designate to (a) withdraw cash from Your Share or Share Draft Account(s); (b) transfer funds between Your Share and Share Draft Accounts; (c) learn the balances in Your Share and Share Draft Accounts. You may also use Your Card to make Point of Sale (POS) withdrawals from Your Share Draft Account and to purchase goods and services at any location where the Card is accepted. 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.  

EN TOUCH TRANSACTIONS. You may use EN TOUCH in conjunction with Your Access Code to make the following types of transactions on designated accounts: (a) telephone transfers of funds from Your Share and Share Draft Account(s); (b) make payments on Your loan Accounts that You may have with Us from Your Share and Share Draft Account(s); (c) inquiries on Account balances and loan data; (d) make inquiries on share/deposit transactions; (e) miscellaneous inquiries on Credit Union services that affect Your Account; and (f) make inquiries on loan Accounts that You may have with Us. En Touch 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.  

ON-LINE BANKING TRANSACTIONS. At the present time, You may use On-Line Banking in conjunction with Your Access Code and a personal computer for the following services: a) transfer funds between Your Account(s); (b) apply for credit with Us; (c) request stop payment on a check; (d) inquiries on Account balances and loan data; (e) order checks and check copies; and (f) miscellaneous inquiries on Credit Union services that affect Your Account. You may also use Our On-Line Banking service to issue payments in amounts up to $9,999. 99 on Your behalf, except to the extent that such payments are for governmental agencies, state and local taxing authorities, court-ordered payment and/or addresses outside the United States of America. You authorize Us to post any such payments requested by You to Your Account(s). Payments requested by You through the use of Our On-Line Banking service will be made either by check or electronic transfer and may take as long as 5 business days to be sent to the payee. The Credit Union cannot guarantee the time any payment will reach any of Your creditors and accepts no liability for any service fees or late charges incurred by You. You may cancel a transaction scheduled for a future date only if We receive Your request for cancellation in time to stop the identified transaction. If You request such a cancellation and We are unable to process Your request, We will (but are under no obligation to do so) attempt to notify You prior to the posting of that transaction. You agree that once You have initiated a transaction, the Credit Union will have no liability for failure to fulfill Your request for stop payment.  

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 (210) 250-3333 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 (210) 250-3333 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. 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 On-Line Banking, Telephonic and mail-in 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. You will be provided with a fee schedule and En Touch and On-Line Banking information after Your Account is established. Additional fee schedules are available at any of Our office locations. 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.  

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 (210) 250-3333 or write Us at the address shown in this Agreement if You believe Your Card, PIN or Access Code have been lost or stolen. If You tell Us within 2 business days, You can lose no more than $50 if someone uses Your Card, PIN or Access Code without Your permission. If You fail to tell Us within 2 business days after You learn of the loss or theft of Your Card, PIN or Access Code and We can prove that We could have stopped someone from using Your Card, PIN or Access Code 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 didn' t make, You will tell Us at once; if You fail to tell Us within 60 days after We mail You the periodic statement, 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 Card as long as You report the loss or theft of Your Card within 2 business days. If You report such loss or theft after 2 business days, or provide proper notification of other unauthorized 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 Card.

IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC TRANSFERS. Call Us at (210) 250-3333 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. We must hear from You no later than 60 days after We send You the first statement on which the problem or error appeared. Tell Us (a) Your name and Account number; (b) the dollar amount of the suspected error, describe the error or the transaction You are unsure about, and explain as clearly as You can why You believe there is an error or why You need more information. 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 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.  

LOST OR STOLEN CARDS. To report a lost or stolen Card, PIN, Access Code or any combination thereof, You will call Us at (210) 250-3333. You may also report the loss of a Card, PIN, Access Code or any combination thereof, by writing to Us at the address shown in this Agreement.  

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, PIN or Access Code 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 holidays.  

GOVERNING LAW. This Agreement is controlled and governed by the laws of the State of Texas except to the extent that such laws are inconsistent with controlling federal law.  

Express-News Federal Credit Union

PO Box 2171

San Antonio, TX 78297-2171

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Updated 03/20/2008