|

TERMS AND CONDITIONS
OF YOUR ACCOUNT
AGREEMENT
This document, along with any other documents we give
you pertaining to your account(s), is a contract that establishes rules which
control your account(s) with us. Please read this carefully. If you sign the
signature card or open or continue to use the account, you agree to these
rules. You will receive a separate schedule of rates, qualifying balances,
and fees if they are not included in this document. If you have any
questions, please call us.
This agreement is subject to applicable federal laws and the laws of the
state of Ohio (except to the extent that this agreement can and does vary
such rules or laws). The body of state and federal law that governs our
relationship with you, however, is too large and complex to be reproduced
here. The purpose of this document is to:
(1) summarize some laws that apply to common transactions;
(2) establish rules to cover transactions or events which the law does not
regulate;
(3) establish rules for certain transactions or events which the law
regulates but permits variation by agreement; and
(4) give you disclosures of some of our policies to which you may be
entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to
its terms, all remaining provisions will continue in full force and effect. We
may permit some variations from our standard agreement, but we must
agree to any variation in writing either on the signature card for your
account or in some other document.
As used in this document the words “we,” “our,” and “us” mean the financial
institution and the words “you” and “your” mean the account holder(s) and
anyone else with the authority to deposit, withdraw, or exercise control over
the funds in the account. The headings in this document are for
convenience or reference only and will not govern the interpretation of the
provisions. Unless it would be inconsistent to do so, words and phrases
used in this document should be construed so the singular includes the
plural and the plural includes the singular.
BYLAWS - Our bylaws, which we may amend from time to time, establish
basic rules about our credit union policies and operations which affect your
account and membership. You may obtain a copy of the bylaws on request.
Our right to require you to give us notice of your intention to withdraw funds
from your account is described in the bylaws. Unless we have agreed
otherwise, you are not entitled to receive any original item after it is paid,
although you may request that we send you an item(s) or a copy of an
item(s). Dividends are based on current earnings and available earnings of
the credit union, after providing for required reserves.
LIABILITY - You agree, for yourself (and the person or entity you represent
if you sign as a representative of another) to the terms of this account and
the schedule of charges. You authorize us to deduct these charges directly
from the account balance as accrued. You will pay any additional
reasonable charges for services you request which are not covered by this
agreement.
Each of you also agrees to be jointly and severally (individually) liable for
any account shortage resulting from charges or overdrafts, whether caused
by you or another with access to this account. This liability is due
immediately, and can be deducted directly from the account balance
whenever sufficient funds are available. You have no right to defer payment
of this liability, and you are liable regardless of whether you signed the item
or benefited from the charge or overdraft. You will also be liable for our
costs to collect the deficit as well as for our reasonable attorneys’ fees, to
the extent permitted by law, whether incurred as a result of collection or in
any other dispute involving your account including, but not limited to,
disputes between you and another joint owner; you and an authorized
signer or similar party; or a third party claiming an interest in your account.
DEPOSITS - We will give only provisional credit until collection is final for
any items, other than cash, we accept for deposit (including items drawn “on us”). Actual credit for deposits of, or payable in, foreign currency will be
at the exchange rate in effect on final collection in U.S. dollars. We are not
responsible for transactions by mail or outside depository until we actually
record them. We will treat and record all transactions received after our
“daily cutoff time” on a business day we are open, or received on a day we
are not open for business, as if initiated on the next business day that we
are open.
WITHDRAWALS - Unless clearly indicated otherwise on the account
records, any of you, acting alone, who signs to open the account or has
authority to make withdrawals may withdraw or transfer all or any part of
the account balance at any time. Each of you (until we receive written
notice to the contrary) authorizes each other person who signs or has
authority to make withdrawals to indorse any item payable to you or your
order for deposit to this account or any other transaction with us. You agree
that, as to any item that we have no opportunity to examine the signatures,
such as an electronic check conversion transaction where a check or
similar item is converted into an electronic fund transfer as defined in the
Electronic Fund Transfers regulation, you waive any requirement of
multiple signatures for withdrawal. We may charge your account for a
check even though payment was made before the date of the check,
unless we have received written notice of the postdating in time to have a
reasonable opportunity to act. We may refuse any withdrawal or transfer
request which you attempt on forms not approved by us, by any method we
do not specifically permit, which is greater in number than the frequency
permitted, or which is for an amount greater or less than any withdrawal
limitations. Even if we honor a nonconforming request, we may treat
continued abuse of the stated limitations (if any) as your act of closing the
account. We will use the date the transaction is completed by us (as
opposed to the date you initiate it) to apply the frequency limitations. The
fact that we may honor withdrawal requests that overdraw the available
account balance does not obligate us to do so later. You agree that we may
charge fees for overdrafts and use subsequent deposits, including direct
deposits of social security or other government benefits, to cover such
overdrafts and overdraft fees. If we are presented with an item drawn
against your account that would be a “substitute check,” as defined by law,
but for an error or defect in the item introduced in the substitute check
creation process, you agree that we may pay such item. See the funds
availability policy disclosure for information about when you can withdraw
funds you deposit. For those accounts for which our funds availability policy
disclosure does not apply, you can ask us when you make a deposit when
those funds will be available for withdrawal.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION -
These rules apply to this account depending on the form of ownership and
beneficiary designation, if any, specified on the account records. We
reserve the right to refuse some forms of ownership on any or all of our
accounts. We make no representations as to the appropriateness or effect
of the ownership and beneficiary designations, except as they determine to
whom we pay the account funds.
Individual Account - is an account in the name of one person.
Joint Account - With Survivorship (And Not As Tenants In Common) -
is an account in the name of two or more persons. Each of you intend that
when you die the balance in the account (subject to any previous pledge to
which we have agreed) will belong to the survivor(s). If two or more of you
survive, you will own the balance in the account as joint tenants with
survivorship and not as tenants in common.
Joint Account - No Survivorship (As Tenants In Common) - is owned
by two or more persons, but none of you intend (merely by opening this
account) to create any right of survivorship in any other person. We
encourage you to agree and tell us in writing of the percentage of the
deposit contributed by each of you. This information will not, however,
affect the “number of signatures” necessary for withdrawal.
Revocable Trust or Pay-On-Death Account - If two or more of you create
this type of account, you own the account jointly with survivorship.
Beneficiaries cannot withdraw unless: (1) all persons creating the account
die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons creating the account,
beneficiaries will own this account in equal shares, without right of
survivorship. The person(s) creating either of these account types may: (1)
change beneficiaries, (2) change account types, and (3) withdraw all or part
of the account funds at any time.
BUSINESS, ORGANIZATION AND ASSOCIATION ACCOUNTS -
Earnings in the form of interest, dividends, or credits will be paid only on
collected funds, unless otherwise provided by law or our policy. We may
require the governing body of the entity opening the account to give us a
separate authorization telling us who is authorized to act on its behalf. We
will honor the authorization until we actually receive written notice of a
change from the governing body of the entity.
STOP PAYMENTS - You must make any stop-payment order in the
manner required by law and we must receive it in time to give us a
reasonable opportunity to act on it before our stop-payment cutoff time. To
be effective, your stop-payment order must precisely identify the number,
date and amount of the item, and the payee.
You may stop payment on any item drawn on your account whether you
sign the item or not, if you have an equal or greater right to withdraw from
this account than the person who signed the item. A release of the stoppayment
request may be made only by the person who initiated the stoppayment
order.
Our stop-payment cutoff time is one hour after the opening of the next
banking day after the banking day on which we receive the item. Additional
limitations on our obligation to stop payment are provided by law (e.g., we
paid the item in cash or we certified the item).
TELEPHONE TRANSFERS - A telephone transfer of funds from this
account to another account with us, if otherwise arranged for or permitted,
may be made by the same persons and under the same conditions
generally applicable to withdrawals made in writing. Unless a different
limitation is disclosed in writing, we restrict the number of transfers from a
savings account to another account or to third parties, to a maximum of six
per month (less the number of “preauthorized transfers” during the month).
Other account transfer restrictions may be described elsewhere.
AMENDMENTS AND TERMINATION - We may change our bylaws and
any term of this agreement. Rules governing changes in rates are
provided separately. For other changes we will give you reasonable notice
in writing or by any other method permitted by law. We may close this
account if your membership in the credit union terminates, or by giving
reasonable notice to you and tender of the account balance personally or
by mail. At our option, we may suspend your rights to member services if
you violate the terms of this agreement. You must keep us informed of
your current address at all times. Notice from us to any one of you is
notice to all of you.
STATEMENTS - Your duty to report unauthorized signatures,
alterations and forgeries - You must examine your statement of account
with “reasonable promptness.” If you discover (or reasonably should have
discovered) any unauthorized signatures or alterations, you must promptly
notify us of the relevant facts. As between you and us, if you fail to do
either of these duties, you will have to either share the loss with us, or bear
the loss entirely yourself (depending on whether we used ordinary care
and, if not, whether we substantially contributed to the loss). The loss could
be not only with respect to items on the statement but other items with
unauthorized signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement and report to
us will depend on the circumstances, but will not, in any circumstance,
exceed a total of 30 days from when the statement is first sent or made
available to you.
You further agree that if you fail to report any unauthorized signatures,
alterations or forgeries in your account within 60 days of when we first send
or make the statement available, you cannot assert a claim against us on
any items in that statement, and as between you and us the loss will be
entirely yours. This 60-day limitation is without regard to whether we used
ordinary care. The limitation in this paragraph is in addition to that
contained in the first paragraph of this section.
Your duty to report other errors - In addition to your duty to review your
statements for unauthorized signatures, alterations and forgeries, you
agree to examine your statement with reasonable promptness for any
other error - such as an encoding error. You agree that the time you have
to examine your statement and report to us will depend on the
circumstances. However, such time period shall not exceed 60 days.
Failure to examine your statement and report any such errors to us within
60 days of when we first send or make the statement available precludes
you from asserting a claim against us for any such errors on items
identified in that statement and as between you and us the loss will be
entirely yours.
Errors relating to electronic fund transfers or substitute checks -
For information on errors relating to electronic fund transfers (e.g.,
computer, debit card or ATM transactions) refer to your Electronic Fund
Transfers disclosure and the sections on consumer liability and error
resolution. For information on errors relating to a substitute check you
received, refer to your disclosure entitled Substitute Checks and Your
Rights.
ACCOUNT TRANSFER - This account may not be transferred or assigned
without our prior written consent.
DIRECT DEPOSITS - If, in connection with a direct deposit plan, we
deposit any amount in 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.
TEMPORARY ACCOUNT AGREEMENT - If this option is selected, this is
a temporary account agreement. Each person who signs to open the
account or has authority to make withdrawals (except as indicated to the
contrary) may transact business on this account. However, we may at
some time in the future restrict or prohibit further use of this account if you
fail to comply with the requirements we have imposed within a reasonable
time.
RIGHT TO REPAYMENT OF INDEBTEDNESS - You each agree that we
may (without prior notice and when permitted by law) charge against and
deduct from this account any due and payable debt owed to us now or in
the future, by any of you having the right of withdrawal, to the extent of
such persons’ or legal entity’s right to withdraw. If the debt arises from a
note, “any due and payable debt” includes the total amount of which we are
entitled to demand payment under the terms of the note at the time we
charge the account, including any balance the due date for which we
properly accelerate under the note.
In addition to these contract rights, we may also have rights under a
“statutory lien.” A “lien” on property is a creditor’s right to obtain ownership
of the property in the event a debtor defaults on a debt. A “statutory lien” is
one created by federal or state statute. If federal or state law provides us
with a statutory lien, then we are authorized to apply, without prior notice,
your shares and dividends to any debt you owe us, in accord with the
statutory lien.
Neither our contract rights nor rights under a statutory lien apply to this
account if prohibited by law. For example, neither our contract rights nor
rights under a statutory lien apply to this account if: (a) it is an Individual
Retirement Account or similar tax-deferred account, or (b) the debt is
created by a consumer credit transaction under a credit card plan (but this
does not affect our rights under any consensual security interest), or (c) the
debtor’s right of withdrawal arises only in a representative capacity. We will
not be liable for the dishonor of any check or draft when the dishonor
occurs because we charge and deduct an amount you owe us from your
account. You agree to hold us harmless from any claim arising as a result
of our exercise of our right to repayment.
AUTHORIZED SIGNER (Individual Accounts only) - A single individual is
the owner. The authorized signer is merely designated to conduct
transactions on the owner’s behalf. We undertake no obligation to monitor
transactions to determine that they are on the owner’s behalf.
RESTRICTIVE LEGENDS - We are not required to honor any restrictive
legend on checks you write unless we have agreed in writing to the
restriction. Examples of restrictive legends are “must be presented within
90 days” or “not valid for more than $1,000.00.”
PAYMENT ORDER OF ITEMS - The law permits us to pay items (such as
checks or drafts) drawn on your account in any order. To assist you in
handling your account with us, we are providing you with the following
information regarding how we process the items that you write. When
processing items drawn on your account, our policy is to pay them
according to the dollar amount. We pay the smallest items first. The order
in which items are paid is important if there is not enough money in your
account to pay all of the items that are presented. Our payment policy
minimizes the number of items that may result in an overdraft or NSF fee. If
an item is presented without sufficient funds in your account to pay it, we
may, at our discretion, pay the item (creating an overdraft) or return the
item (NSF). The amounts of the overdraft and NSF fees are disclosed
elsewhere. We encourage you to make careful records and practice good
account management. This will help you to avoid writing checks or drafts
without sufficient funds and incurring the resulting fees.
PLEDGES - Unless we agree otherwise in writing, each owner of this
account may pledge all or any part of the funds in it for any purpose to
which we agree. Any pledge of this account must first be satisfied before
the rights of any surviving account owner or account beneficiary become
effective.
CHECK PROCESSING - We may process items mechanically by relying
on the information encoded along the bottom of the items. This means that
we may not individually examine all of your items to determine if the item is
properly completed, signed and indorsed. You agree that we have not
failed to exercise ordinary care solely because we use an automated
system to process items and do not inspect all items processed in such a
manner. We reserve the right not to inspect each item because using an
automated process helps us keep costs down for you and all account
holders. We may determine the amount of available funds in your account
for the purpose of deciding whether to return an item for insufficient funds
at any time between the time we receive the item and when we return the
item or send a notice in lieu of return. We need only make one
determination, but if we choose to make a subsequent determination, the
account balance at the subsequent time will determine whether there are
insufficient available funds.
CHECK CASHING - We may charge a fee for anyone that does not have
an account with us who is cashing a check, draft or other instrument written
on your account. We may also require reasonable identification to cash
such a check, draft or other instrument. We can decide what identification
is reasonable under the circumstances and such identification may be
documentary or physical and may include collecting a thumbprint or
fingerprint.
ACH AND WIRE TRANSFERS - This agreement is subject to Article 4A
of the Uniform Commercial Code - Fund Transfers as adopted in the state
in which you have your account with us. If you originate a fund transfer
for which Fedwire is used, and you identify by name and number a
beneficiary financial institution, an intermediary financial institution or a
beneficiary, we and every receiving or beneficiary financial institution may
rely on the identifying number to make payment. We may rely on the
number even if it identifies a financial institution, person or account other
than the one named. You agree to be bound by automated clearing
house association rules. These rules provide, among other things, that
payments made to you, or originated by you, are provisional until final
settlement is made through a Federal Reserve Bank or payment is
otherwise made as provided in Article 4A-403(a) of the Uniform
Commercial Code. If we do not receive such payment, we are entitled to
a refund from you in the amount credited to your account and the party
originating such payment will not be considered to have paid the amount
so credited. If we receive a payment order to credit an account you have
with us by wire or ACH, we are not required to give you any notice of the
payment order or credit.
FACSIMILE SIGNATURES - You authorize us, at any time, to charge you
for all checks, drafts, or other orders, for the payment of money, that are
drawn on us regardless of by whom or by what means the facsimile
signature(s) may have been affixed so long as they resemble the facsimile
signature specimen filed with us, and contain the required number of
signatures for this purpose.
REMOTELY CREATED CHECKS - Like any standard check or draft, a
remotely created check (sometimes called a telecheck, preauthorized draft
or demand draft) is a check or draft that can be used to withdraw money
from an account. Unlike a typical check or draft, however, a remotely
created check is not issued by the paying bank and does not contain the
signature of the account owner (or a signature purported to be the
signature of the account owner). In place of a signature, the check usually
has a statement that the owner authorized the check or has the owner’s
name typed or printed on the signature line. For example, if a person
provides an account number in response to a telephone solicitation, the
telephone solicitor can use the account number to issue a remotely created
check to withdraw money from that account.
You warrant and agree to the following for every remotely created check
we receive from you for deposit or collection: (1) you have received
express and verifiable authorization to create the check in the amount and
to the payee that appears on the check; (2) you will maintain proof of the
authorization for at least 2 years from the date of the authorization, and
supply us the proof if we ask; and (3) if a check is returned you owe us the
amount of the check, regardless of when the check is returned. We may
take funds from your account to pay the amount you owe us, and if there
are insufficient funds in your account, you still owe us the remaining
balance.
Member Privilege®
Overdraft Policy
An insufficient balance can result from several events, such as (1) the
payment of checks, electronic funds transfers or other withdrawal requests;
(2) payments authorized by you; (3) the return of unpaid items deposited by
you; (4) credit union service charges; or (5) the deposit of items which,
according to the credit union’s Funds Availability Policy, are treated as not
yet available or finally paid. We are not obligated to pay any item presented
for payment if your account does not contain sufficient funds. However, if
you maintain your account in good standing, we may approve your
overdrafts within your current available Member Privilege limit as a noncontractual
courtesy. Your account is in good standing if you (1)
demonstrate responsible account management - such as making regular
deposits to bring your account to a positive balance at least once every 30
days (including the payment of all credit union fees and charges); (2) there
are no legal orders, levies or liens against your account, and (3) you avoid
excessive overdrafts suggesting the use of Member Privilege as a
continuing line of credit. In addition, based upon our review of your account
management, if we determine you may be using Member Privilege as a
regular line of credit by creating excessive overdrafts, we may suspend the
privilege without any prior notice. In the normal course of business, we
generally pay electronic transactions first and then checks beginning with
the lowest dollar amount, per the credit union’s policy. We reserve the right
to change the order of payment without notice to you if we suspect fraud or
possible illegal activity affecting your account. Also, please be aware that
the order of item payment may create multiple overdrafts during a single
banking day for which you will be charged our standard NSF fee (as stated
on the C.U. Fee Schedule) for each overdraft (paid or returned). You may
opt out of the privilege at any time, but you are responsible for any
overdrawn balances at the time of opting out. Normally, we will not approve
an overdraft for you in excess of the predetermined amount assigned to
your account type. So as not to exceed your limit, please note that the
amount of the overdraft plus the credit union’s standard NSF fee (as stated
on the C.U. Fee Schedule) (per item) will be deducted from the overdraft
limit. We may refuse to pay an overdraft for you at any time even though
we may have previously paid overdrafts for you. You will be notified by mail
of any non-sufficient funds items paid or returned that you may have;
however, we have no obligation to notify you before we pay or return any item. The amount of any overdraft plus our standard NSF fee (as stated on
the C.U. Fee Schedule) that you owe us shall be due and payable upon
demand. If there is an overdraft paid by us on an account with more than
one owner on the signature card, each owner and agent, if applicable,
drawing/presenting the item creating the overdraft, shall be jointly and
severally liable for such overdraft plus our standard NSF fee (as stated on
the C.U. Fee Schedule).
Member Privilege should not be viewed as an encouragement to overdraw
your account. As always, we encourage you to manage your finances
responsibly. If you would like to have this service removed from your
account, please call (513) 559-1234.
You should note that your Member Privilege limit will not be reflected in
your balance provided by a teller, at the ATM or through Tellie On Line or
Tellie By Phone.
LIMITATIONS: Member Privilege is a non-contractual courtesy that is
available to individually/jointly owned accounts in good standing for
personal or household use. Greater Cincinnati Credit Union reserves the
right to limit participation to one account per household and to discontinue
this service without prior notice.
Please call (513)559-1234 for clarification.
|