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Electronic Services Agreement
Electronic Services Agreement & Disclosure - Regulation E
AGREEMENT. This Agreement applies to any electronic funds transfer made to or from Your Share or Checking Accounts (“Account”) through the use of Your ATM Card or VISA Check Card each with their corresponding Personal Identification Numbers (PIN), Our CashLine Audio Response System, Our CU@Home personal computer access system and 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 an ATM, Computer, Automated Telephone Service, E-check or other electronic means. You understand that Your ATM Card, VISA Check Card and any access codes are issued by Us and are not transferable. The use of Your ATM Card, VISA Check Card, CashLine and/or CU@Home is subject to the following terms which You acknowledge and accept.
  1. You agree to abide by Our Rules and Regulations as amended related to the use of the Cards;
  2. We may follow all instructions given to machines;
  3. You will be given separate PINs for use with Our ATM Card, VISA Check Card, CashLine and CU@Home programs in accordance with the instructions provided to You. PINs are for Your use only. You assume responsibility for all transactions made through Our CashLine and CU@Home Systems. If You forget Your PIN, We will furnish it to You only on written request. Any PIN which You have been given or that You select is personal and confidential. You agree to take all reasonable precautions that no one else learns Your PIN(s). At no time will You reveal or make available, directly or indirectly, Your PIN(s) to any other person.

    The use of any PIN You have been given is subject to all agreements and regulations on Checking and Share Accounts. You agree not to withdraw funds in excess of the balance in Your Account;
  4. With Your ATM Card, You may withdraw funds from Your Account (including withdrawals from participating network cash machines) as often as You like, however, You are limited to not more than $200 per day provided You have enough money in Your Account. With Your VISA Check Card You may make cash withdrawals from designated accounts up to $400 per day from ATM machines specifically designated to allow such transactions.
  5. You agree 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.

OWNERSHIP. Your Cards or any other Account access device will remain Our property and may be cancelled or their use restricted by Us at any time without notice. You agree to surrender them and to discontinue their use immediately upon Our request.

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 Accountholders at the address that We have on file for You. We may refuse to follow any instructions which run counter to this provision.

ATM FUNDS AVAILABILITY NOTICE. Subject to Our Funds Availability Policy, deposits may not be posted to Your Account until they are received and verified by Us. All deposited items are removed from machines each business day. We are not responsible for delays in deposit posting due to improper identification on the deposit envelope. See Our Funds Availability Policy Disclosure for Our policy regarding the availability of Your deposits.

TYPES AND LIMITATIONS OF SERVICES

ATM CARD AND VISA CHECK CARD. You may use Your Kitsap Credit Union ATM Card, VISA Check Card and their respective PINs in participating network cash machines. Both Cards may be used in such other machines or facilities as We may designate. At the present time, You may use Your Cards for:

  1. Withdrawals of cash from Your Checking and/or Savings Account;
  2. Deposits to Your Share and/or Checking Accounts at ATM’s authorized to accept Kitsap Credit Union deposits;
  3. Transfers of funds between Your Share and Checking Accounts;
  4. Inquiries about Your Share and Checking Accounts.

POINT OF SALE. You may also use Your Cards to purchase goods and services at any business establishment where the ATM Card and/or VISA Check Card are accepted. If You do use Your ATM Card for such transactions, You authorize Us to withdraw funds from the primary transaction account You designated on Your ATM Card application, in the amount necessary to cover the transaction provided You have enough money in Your Account. If You use Your VISA Check Card for such transactions, You authorize Us to withdraw funds up to the total amount You have in Your Checking Account and Share Account plus any unused portion of Your Overdraft Line
of Credit.

CASHLINE AUDIO RESPONSE TRANSACTIONS. You may use Our CashLine System to make the following types of transactions on designated accounts: (a) telephone transfers of funds between Your deposit accounts (other than for Certificates and/or IRAs) and/or loan accounts with Us; (b) payments on Your loan accounts (other than real-estate loans); (c) inquiries on account balances and loan data; (d) inquiries on dividends, loan rates and IRA contributions; (e) withdrawals from Accounts; (f) transactions or inquiries on shares/deposits; (g) inquiries on Share Certificates that You may have with Us; and (h) miscellaneous inquiries on Credit Union services that affect Your Account. CashLine operates 24 hours every day. If You call Our CashLine System and are told that “the system is not available”, please call back later when service is restored.

CU@HOME TRANSACTIONS. At the present time, You may use Our CU@Home system via a personal computer for the following services: (a)Transfer funds between Your savings, checking, and loan accounts; (b)Review Account balance and transaction history for Your Savings, Checking, and Loan Accounts; (c)Review information on Your Loan Account including payoff amounts, due dates, finance charges, interest       rate, and balance information; (d) Make bill payments and preauthorized transfers from Your Checking Account; (e) Request that a withdrawal from any Savings, Checking, or Loan Account be mailed to You in check form; (f) Transfer funds between linked accounts; and (g) Communicate with the Credit Union using the electronic mail (e-mail) feature.

If You use Our CU@Home system to issue payments on Your behalf, You authorize Us to post any such payments requested by You to Your Account(s). Payments requested by You through the use of the CU@Home system will be made by check and may take as long as 10 business days to be sent to the payee. The Credit Union can not guarantee the time any payment will reach any of Your creditors and accepts no liability for any service fees or late charges against You.

WITHDRAWALS. Each withdrawal by You or by anyone else to whom You give Your PIN(s) may be charged to Your Checking Account and will be treated as though it were a share withdrawal. We may charge withdrawals to Your Checking Account in any order We determine. All withdrawals are subject to the availability of funds in Your Account. If We chose to honor a withdrawal that exceeds the balance of funds in Your Account, You will be charged a non-sufficient funds or Courtesy Pay fee as set forth on the fee schedule that You receive at the time that Your Account is established.

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.

FUNDS AVAILABILITY NOTICE. Subject to Our Funds Availability Policy, deposits made to Your Account may not be posted until they are received and verified by Us. For determining Your deposit, everyday is a business day except Saturdays, Sundays and holidays. If You make a deposit before 6:00 PM on a business day, We will consider that day to be the day of Your deposit. If You make a deposit after 6:00 PM or on a day We are not open, We will consider that the deposit was made on the next business day. If We authorize the cashing of a check for You, You authorize Us to hold the amount of the check in any Account You have with Us as specified in the policy disclosure for funds availability.

TRANSACTION SLIPS. You can get a receipt at the time You make any transaction to or from Your Account (except for telephonic, computerized or 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.

NOTIFICATION OF PRE-AUTHORIZED TRANSFERS. 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 payer), You can call Us at (360) 662-2000 to find out whether or not the deposit has been made. If pre-authorized payments vary in amount, We or the person You are going to pay will tell You 10 days before each payment when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that You set.

RIGHT TO STOP PRE-AUTHORIZED PAYMENTS. If You want to stop any pre-authorized payments, call Us at (360) 662-2000 in time for Us to receive Your stop payment request 3 business days or more before the payment is scheduled to be made. If You call, We 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 stop one of Your pre-authorized payments 3 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.

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 a fee schedule. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule 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 funds in Your Account are subject to collection or legal process, such as garnishment or attachment, or if the Account is subject to a pledge or security agreement; (c) The ATM was not working properly and You knew about the breakdown when You started the transaction; (d) The ATM where You are making the transfer does not have enough cash; (e) circumstances beyond Our control prevent the transaction; (f) Your ATM Card or VISA Check Card is retrieved or retained by an ATM; (g) Your ATM Card, VISA Check Card or their respective PINs have been reported lost or stolen and We have blocked the Account; (h) other exceptions stated in Our Agreement with You.

LIABILITY FOR UNAUTHORIZED USE. Telephone Us at (360) 662-2000 or write Us at P.O. Box 990, Bremerton, WA 98337 at once if You believe Your Personal Identification Number(s) have been lost or stolen. If You tell Us within 2 business days, You can lose no more than $50 if someone uses Your PIN(s) without Your permission. If You fail to tell Us within 2 business days after You learn of the loss or theft of Your PIN(s) and We can prove that We could have stopped someone from using Your PIN(s) 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 VISA Check Card as long as You report the loss or theft of Your VISA Check Card within 2 business days. If You report such loss or theft after 2 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.

ATTORNEY’S FEES/VENUE. If You transfer funds into Your Account, and that transfer is later voided for any reason, resulting in a loss to Us, or if funds are paid out to You from an Account on which You are not authorized to withdraw funds, or if the funds are paid to You through mathematical or mechanical error, You will be notified after the loss or error is determined. If You do not correct the deficiency after being notified and We file a lawsuit to collect the amount due, You agree to pay the costs of collection, including reasonable attorney’s fees. You also agree that the venue of any action hereon may be laid in Kitsap County, Washington.

LOST OR STOLEN CARDS. To report a lost or stolen ATM Card, VISA Check Card, or their respective PIN(s), You will call Us at (360) 662-2000 or (800) 422-5852 between the hours of 8:00 AM and 6:00 PM on business days or write to Us at P.O. Box 990, Bremerton WA 98337. After hours ATM Card and VISA Check Card Cardholders can call (800) 316-5996.

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; (2) in order to verify the existence and conditions of Your Account for a third party such as a credit bureau or merchant; (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 Cards or PIN(s) 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.

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

IN CASE OF ERRORS OR IF YOU HAVE QUESTIONS ABOUT ELECTRONIC TRANSFERS. Telephone Us at (360) 662-2000 or write Us at P.O. Box 990, Bremerton WA 98337 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 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.


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