ELECTRONIC SERVICES AGREEMENT AND DISCLOSURE
Throughout this Disclosure, the words "I," "me," "mine," "my," "us," "they," "their," and "our" mean each and all of those (whether one or more persons) who are subject to the Agreement(s) as a result of signing an Account Signature Card for each respective account. The words "you," "your," and "yours" mean KINECTA FEDERAL CREDIT UNION.
I understand that by accepting, retaining, and/or using an ATM or Kinecta Check Card or allowing others to use the electronic services offered by you, I am agreeing to be bound by the terms and conditions of this Electronic Services Agreement and Disclosure, receipt of which is hereby acknowledged.
This Disclosure is given by you in compliance with the Electronic Funds Transfer Act (15 USC Section 1693 et seq.) and Regulation E (12 CFR 205 et seq.) to inform me of certain terms and conditions of the electronic fund transfer services I have requested.
This Agreement and Disclosure is given by you in compliance with the Electronic Funds Transfer Act (15 USC Section 1693 et seq.) and Regulation E (12 CFR 205 et seq.) to inform me of certain terms and conditions of the Electronic Funds transfer services I have requested.
At the present time you participate in several types of services that may be accomplished by electronic transfer: preauthorized deposits of net paychecks; payroll deductions; pension checks and federal recurring payments (for example, Social Security payments); certain preauthorized payments from my account (for example, insurance premiums); certain preauthorized transfers; certain Point-of-Sale (POS) transactions; Electronic Funds transfer transactions conducted at Kinecta ATM or Network Automated Teller Machines (ATMs) identified in the ATM Agreement and Disclosure section; and transfers through Electronic Access Systems. Disclosure information applicable to all electronic services offered by you is given, with certain specific disclosure information for each service following in separate sections. I understand that the Agreements and Disclosures applicable to any of my accounts (including, for example, Holiday Share accounts, checking accounts, Money Market Share accounts, Personal Line of Credit accounts, and other applicable accounts) remain in full force and effect and continue to be applicable, except as specifically modified by this Agreement and Disclosure.
GENERAL DISCLOSURE APPLICABLE TO ALL ELECTRONIC SERVICES
Business Day Disclosure: With the exception of your established holiday schedule, your business days are Monday through Friday, with daily hours from 9:30 a.m. to 6:00 p.m. at the Public Access Branches, 9:00 a.m. to 1:00 p.m. and 2:00 p.m. to 5:00 p.m. at Hughes, Boeing, and Raytheon On Site Member Service Centers, 7:00 a.m. to 7:00 p.m. at the Telephone Support Center, and extended hours and weekends available through the CU Service Center Shared Branch System. The Electronic Access System and ATM hours are normally 24 hours a day, 7 days a week. ATMs and POS terminals at some locations may not always be accessible or open only during specified hours.
Disclosure of Account Information to Third Parties: You will disclose information to third parties about my account or the transactions I engage in:
- When it is necessary to complete an electronic transaction; or
- In order to verify the existence of my account for a third party, such as a credit bureau or merchant; or
- In order to comply with a government agency or court order, or any legal process; or
- If I give you my written permission.
In Case of Errors or Questions about My Electronic Services Transaction, or to Report a Stolen Card. I must telephone you at:
For errors or questions 310.643.5549 800.854.9846
To report a stolen card 800.556.5678
or write you at: KINECTA FEDERAL CREDIT UNION
1440 Rosecrans Avenue
P.O. Box 10003
Manhattan Beach, CA 90267-7503
You must hear from me no later than sixty (60) days after you send me the FIRST statement on which the problem or error appeared. I will:
- Tell you my name and account number.
- Describe the error or the transaction I am unsure about and explain as clearly as I can why I believe it is an error or why I need more information.
- Tell you the dollar amount of the suspected error.
If I tell you orally, you require that I send you my complaint or question in writing within ten (10) business days. You will determine whether an error occurred within ten (10) business days after you hear from me and will correct any error promptly. If you need more time, however, you may take up to forty-five (45) calendar days to investigate my complaint or question. If you decide to do this, you will credit my account within ten (10) business days for the amount I think is in error, so that I will have the use of the money during the time it takes you to complete your investigation. However, if the notice of error involves a transfer to or from an account within thirty (30) days after the first deposit to the new account was made, you may have up to twenty (20) days to resolve the claim or to provisionally credit my account if additional time is needed to investigate, and up to ninety (90) calendar days to complete your investigation.
You may not credit my account if I do not put my complaint or question in writing and you do not receive it within ten (10) business days after you hear from me.
For an electronic funds transfer resulting from a Point-of-Sale debit card transaction, those initiated outside of the United States or occurring within thirty (30) days after the first deposit was made to the account, you may take up to ninety (90) rather than forty-five (45) calendar days to complete your investigation.
You will tell me the results of your investigation within three (3) business days after completing your investigation. If you decided that there was no error, you will send me a written explanation. I may ask for copies of the documents that you used in your investigation.
Your Liability for Failure To Make or Complete Electronic Fund Transactions: If you do not properly complete an electronic funds transaction to or from my account on time or in the correct amount according to your agreement with me, you may be liable for my losses and damages. However, there are some exceptions. You will not be liable, for instance, if:
- Circumstances beyond your control (such as fire, flood, or earthquake) prevent the transaction, despite reasonable precautions;
- Through no fault of yours, I do not have enough money in my account or sufficient clear funds to make a transaction;
- The funds in my account are subject to an uncollected funds hold, legal process, or other circumstances restricting such transfer or payment;
- You have received incorrect or incomplete information from me or from third parties (e.g. the U.S. Treasury, an automated clearing house, or a terminal owner);
- The Kinecta ATM or Network ATM or Electronic Access System was not working properly, and I knew about this breakdown when I started the transaction;
- The Kinecta ATM or Network ATM where I was making the transaction did not have enough cash or cash in the denominations I requested;
- My Kinecta ATM Card, Kinecta Check Card, PIN(s), or Access Code(s) has been reported lost or stolen, has expired, is damaged so that the Kinecta ATM, Network ATM or POS terminal cannot read the encoding strips, is inactive due to non-use, is retained by you due to my misuse or suspected fraudulent activities, is retained by you at my request, or because my PIN has been repeatedly entered incorrectly;
- The transaction would exceed my Personal Line of Credit limit;
- Transactions were not properly completed;
- Delays in processing and/or payment were caused by third-party software and/or services;
- Your failure to complete the transaction is done to protect the security of my account and/or the electronic terminal system;
- If I make an error keying in my deposit, you are not responsible for bounced checks, forfeited dividends, and other consequences which may result;
- The payee mishandles or delays a payment sent by the Bill Payment Service;
- There may be other exceptions provided in the regulations of the Board of Governors of the Federal Reserve System.
Provided that none of the foregoing exceptions to the service performance obligations are applicable, if you cause an incorrect amount of funds to be removed from my account, or caused funds from my account to be directed to a person or entity which does not comply with your bill payment instructions, you shall be responsible for returning the improperly transferred funds to my account and for directing to the proper recipient any previously misdirected bill payments or transfers.
THE FOREGOING SHALL CONSTITUTE YOUR ENTIRE LIABILITY AND MY EXCLUSIVE REMEDY. IN NO EVENT SHALL YOU BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS (EVEN IF ADVISED OF THE POSSIBILITY HEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR SERVICE.
Charges for Electronic Fund Transaction Services: Charges associated with your electronic funds transactions are disclosed in your Schedule of Fees and Charges, which accompanies this Disclosure and Agreement. For example, a stop payment on a preauthorized electronic payment may be subject to a fee for each stop payment order I give. If I request a copy of the documentation relative to an ATM or POS transaction (except if the documentation is for resolution of a billing error), a fee equal to your reasonable cost of reproduction may be charged. Any fees charged will be deducted from my checking or share account(s).
If I have been issued an additional ATM or Kinecta Check Card for a joint owner on my account, any transaction fees outlined in your Schedule of Fees & Charges that apply will be based on combined transactions. Withdrawals from more than one account or additional withdrawals from the same account during a single access will be counted as multiple withdrawals. Transaction fees will be charged to my account within two days from the day they are incurred. The fee will not be recorded on the transaction acknowledgment produced by the ATM, but it will be itemized on my monthly statement. I may be subject to additional fee(s) imposed by either another financial institution or merchant when performing ATM and/or Point-of-Sale transactions. This practice is known as "surcharging" and is in addition to any ATM fees charged by the Credit Union.
Change in Terms: You may change the terms and charges for the services indicated in this Electronic Services Disclosure and may amend this Disclosure and Agreement from time to time. I will receive written notice at least twenty-one (21) days prior to the effective day of the change(s), or as otherwise provided by law.
Disclosure of Delayed Funds Availability: Kinecta Automated Teller Machine (ATM) deposits will be held for two business days. Deposits at nonproprietary ATMs, such as CO-OP and Shared-Branch network ATMs, will be held for five business days. Funds may be held for a longer period after review of deposited items. You may also place an additional hold for uncollected funds on an item I deposit. This could delay my ability to withdraw such funds. Further details are set forth in your Disclosure of Funds Availability Policy.
Termination of Electronic Services: I may, by prior written request, terminate any of the electronic services provided for in this Agreement and Disclosure. You may terminate my right to make electronic funds transfers at any time. If I ask you to terminate my account or the use of any Kinecta ATM, Kinecta Check Card, Kinecta Direct, or Bill Payment Services, I will remain liable for subsequent transactions performed by any other party to my account.
Periodic Statements: I will receive a monthly statement (unless there are no transfers during that month) for the account(s) which I have accessed which will show the effective date that I initiated the transaction, the type of transaction, and the amount of transactions occurring during that statement period. In any case, I will get a statement at least quarterly. My electronic payments and transfers will be indicated on monthly statements you provide or make accessible by mail, electronically, or by some other means.
My Liability for Unauthorized Transactions and Advisability of Prompt Reporting: I must tell you AT ONCE if I believe my Kinecta ATM Card, Kinecta CheckCard or PIN(s), and/or my Electronic Access System Access Code has been lost, compromised, or stolen.
Telephoning is the best way of keeping my possible losses down. I could lose all the money in my account(s) plus my maximum overdraft line of credit. If I believe my Kinecta ATM Card, Card PIN, or Access Code has been lost or stolen, and I tell you within two (2) business days after I learn of the loss or theft, I can lose no more than $50 if someone uses my Kinecta ATM Card, PIN, or Access Code without my permission.
If I DO NOT tell you within two (2) business days after I learn of the loss or theft of my Kinecta ATM Card, PINs, or Access Code, and you can prove you could have stopped someone from using my Cards, PINs, or Access Codes without my permission if I had told you, I could lose as much as $500.
If I am using a Kinecta CheckCard for transactions that take place on the Visa network system, I understand that Visa Operating Rules and Regulations provide for zero liability for losses from unauthorized (fraudulent) activity. This does not apply to ATM transactions using a PIN.
Also, if my statement shows transactions that I did not make, I must tell you at once. If I do not tell you within sixty (60) days after the statement was mailed to me, I may not get back any money I lost after the sixty (60) days if you can prove that you could have stopped someone from taking my money if I had told you in time.
If I can document that a good reason (such as a long trip or hospital stay) kept me from telling you, you will grant a reasonable extension of the time period.
Restricted Transactions: My Kinecta ATM and Kinecta CheckCard and/or Account(s) may not be used for any illegal activity or transaction. Further, I may not utilize my Card and/or Account for purchase of any goods or services on the Internet that involve gambling of any sort. Such transactions include, but may not be limited to, any quasi-cash or online gambling transaction, any electronic commerce transaction conducted over an open network, and any betting transaction including the purchase of lottery tickets or casino gaming chips or off-track betting or wagering. However, in the event that a transaction described in this paragraph is approved and processed, I will still be responsible for such charges.
Telephone Number and Address to Be Notified in Event of Unauthorized Transactions: If I believe my Card(s), PIN, or Access Code has been lost or stolen, or that someone will or may use it to transfer money from my account without my permission, I will telephone you at 310.643.5563 or 800.854.9846, or write to you at 1440 Rosecrans Avenue, P.O. Box 10003, Manhattan Beach, California 90267-7503.
Regulation "D" Restrictions on Electronic Funds Transfers: Preauthorized, automatic, or telephone withdrawals or transfers from Share and Money accounts are limited to no more than six (6) transfers in each calendar month. No more than six (6) withdrawals or transfers may be made by check, share draft, or other order, including debit cards. These withdrawals or transfers may include, checks, drafts, debit card or similar orders payable to a third party. However, I may make an unlimited number of withdrawals from or transfers among my own share accounts by mail, messenger, or in person at the Credit Union or at an ATM or POS terminal. I may also make an unlimited number of withdrawals from my Share and money market accounts through the Credit Union's Electronic Access Systems or by telephone if I request that you send me a check. Transfers or withdrawals in excess of the above limitations may not be honored.
Verification: All transactions affected by use of the ATMs, POS terminals, Electronic Access Systems, Bill Payment Services, or other electronic transaction contemplated hereunder which would otherwise require my signature, or other authorized signature, shall be valid and effective as if signed by me when accomplished by use of the Card(s), PIN(s), and/or other Access Codes or as otherwise authorized under this Agreement. Deposits at an ATM are subject to verification by you and may only be credited or withdrawn in accordance with your "Delayed Funds Availability Policy." Transactions accomplished after the close of normal business each day shall be deemed to have occurred on your next business day. You are not responsible for delays in a deposit due to improper identification on the deposit envelope or improper keying of my transaction. Information accompanying a deposit should include my name, your name, my member number, and where I want my deposit to go.
Notice and Communications: Except as otherwise provided in this Agreement, all notices required to be sent to me will be effective when you mail or deliver them to the last known address that you have for me in your records or when you make such notices available to me through your Kinecta Direct or at the last known e-mail address you have for me. Notices from me will be effective when received by mail at the address(es) specified in the Agreement.
Collections: I agree that you shall be entitled to recover any money owed by me as a result of my use of, or the use of anyone I have provided with access to, any of your electronic services, and I agree to repay any amounts that create an overdrawn balance immediately upon demand. I may be charged an overdraft fee. You have a security interest in my present and future shares and have the right to apply such shares to any money I owe. If any legal action is required to collect money I owe, I agree to pay all costs of collection, including reasonable attorney's fees, court costs, and other charges incurred for enforcing your rights under this Agreement.
Severability: If any part of this Agreement should be held to be unenforceable, the remaining provisions of this agreement shall remain in full force and effect.
Applicable Law: This Agreement shall be construed and governed by applicable Federal Laws and Regulations and Laws of the State of California, without resort to California's Conflicts of Law Rules.
No Waiver: No delay or omission on your part in exercising any rights or remedies shall operate as a waiver of such rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
ADDITIONAL DISCLOSURES APPLICABLE TO PREAUTHORIZED DEPOSIT OF NET PAYCHECK, PAYROLL DEDUCTIONS, PENSION CHECKS, AND FEDERAL RECURRING PAYMENTS
If I have arranged for preauthorized electronic deposit of my net paycheck, payroll deductions, pension checks, or federal recurring payments (for example, Social Security payments or payments through Wescorp), the following information applies to me:
Account Access: Preauthorized deposits may be made to my share or checking account(s).
Notification of Preauthorized Deposits: If I have arranged with a third party (for example, the Social Security Administration) to make preauthorized deposits to my account at least once every sixty (60) days, that third party making preauthorized deposits may have agreed to notify me every time the party sends you money to deposit to my account. If I have not made such an arrangement, I may telephone you at 310.643.5434 or 800.854.9846, and you will advise me whether or not the preauthorized deposit has been made.
Documentation of Preauthorized Deposits: I will receive a monthly account statement for each month in which a preauthorized deposit is made, but at least quarterly if no preauthorized deposits are made. However, if the only electronic service I have with you is preauthorized deposits, then you reserve the right to send me a quarterly statement only.
ADDITIONAL DISCLOSURES APPLICABLE TO PREAUTHORIZED PAYMENT SERVICES
If I have requested a preauthorized payment from my account with you (for example, preauthorized payments of insurance premiums), the following information applies to me:
Right to Receive Documentation of Preauthorized Payment:
Initial Authorization: I can get copies of the preauthorized payment documentation from the third party being paid at the time I give them the initial authorization.
Account Access: Preauthorized payments may be made from my checking, share, and money market accounts only.
Notice of Varying Amounts: If my preauthorized payment varies in amount, the party who will receive the payment is required to tell me ten (10) days before each such payment when it will be made and how much it will be. I may agree with the person being paid to receive this notice only when the payment will differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that I set.
Right to Stop Preauthorized Payment: If I want to stop any of the preauthorized payments or revoke a preauthorized payment authorization, I must call you at 310.643.5434 or 800.854.9846, or write to you at P.O. Box 10003, Manhattan Beach, California 90267-7503, in time for you to receive my stop request or revocation three (3) business days or more before the payment is scheduled to be made. If I call, you may also require me to put my request or revocation in writing and get it to you within fourteen (14) days after I call. You will charge me for each stop payment order I give. Such stop payment notice will apply only to that particular payment. If I have given you a request to revoke this entire preauthorized payment authorization, I understand and agree that I must also promptly contact the third party to cancel (revoke) the entire preauthorized payment authorization and provide you with a copy of my written revocation notice to the third party.
Your Liability for Failure to Stop Payment: If I order you to stop one of my preauthorized payments three (3) business days or more before the transfer is scheduled, and you do not do so, you will be liable for my losses or damages, to the extent provided by law.
Liability for Unauthorized Electronic Payments:
I will be liable for unauthorized transfers made from my account by a third party. If I believe such transfer has occurred, I must follow the procedures outlined in the "General Disclosures Applicable to All Electronic Services" section for resolving errors.
ADDITIONAL DISCLOSURES APPLICABLE TO ELECTRONIC CHECK TRANSACTIONS
If funds from my account have been transferred via ACH where I have provided a paper check or check information to a merchant or other payee to capture the routing, account, and serial numbers to initiate the transfer (an "electronic check transaction"), the following applies to me:
Types of Available Transactions: I may make transfers via ACH where I have provided a paper check to enable the merchant or other payee to capture the routing, account, and serial numbers the initiate the transfer, whether the check is blank, partially completed, or fully completed and signed; whether the check is presented at POS or is mailed to a merchant or other payee or lockbox and later converted to an EFT; or whether the check is retained by the consumer, the merchant or other payee, or the payee's financial institution.
Account Access: Electronic check transactions may be made from my checking account only.
Limitations on Dollar Amounts of Transactions: I may make electronic check transactions only to the extent that I have available clear funds in my checking accounts or available funds in my designated overdraft sources.
Overdraft to Line of Credit: I understand that if I have an overdraft line of credit account in conjunction with my checking account, then I may use that line of credit to fund any overdraft on my checking account, including overdrafts caused by any electronic check transactions. I understand that I may not otherwise initiate an electronic check transaction to overdraw my checking account or my line of credit, if applicable. However, if I do overdraw, I authorize you to cover the overdraft on my checking account by making a cash advance from my line of credit account, if any, or withdraw funds from my share account(s) or make a withdrawal from other accounts on which I am a joint owner.
Overdrafts that cannot be honored are payable on demand and may result in termination of my account(s).
ADDITIONAL DISCLOSURE APPLICABLE TO ATM TRANSACTIONS
Both the Kinecta ATM Card and Kinecta CheckCard are referred to as the "Card" unless specifically described.
If I have requested you to issue me a Card and I have selected a Personal Identification Number (PIN) which can be used to transact business at any Kinecta ATM, or at any ATM displaying the logo of the ATM networks listed below, hereinafter referred to as Network ATMs, or at POS Network terminals, then the following information applies to me:
The following transactions are available when using the Card and PIN at Credit Union ATMs:
Deposits or transfers to my Regular Savings Account(s), Checking Account(s), and Money Market Share Account(s);
Withdrawals or transfers from my Regular Share Account(s), Checking Account(s), and Money Market Share Account(s);
Certain loan payments made by cash, check, or by transferring funds from my Regular Share Account(s), Money Market Share Account(s), or Checking Account(s);
Advances on my Personal Line of Credit.
Note: I understand and agree that if I make Mortgage Loan payments by transferring funds from my deposit accounts on ATM after 12:00 noon, the payment will be credited on the following business day.
The following transactions are available when using the Card at Shared Network (Star System?, Plus?, and the CO-OP?) ATMs:
Withdrawals from my Regular Share, Money Market Share Account(s), and Checking Account(s).
Balance inquiries on my Regular Share, Money Market Share Account(s), and Checking Account(s).
Transfers between my Regular Share, Money Market Share Account(s,) and Checking Account(s).
All such transactions will access my primary account(s) unless otherwise designated.
You may offer additional services in the future and, if so, you will notify me of them.
NOTE: Transactions at a Shared Network System terminal may be subject to a Network Transaction Fee and/or a terminal use fee charged by the operator of the terminal.
The following transactions are available when using ATMs located at CU Service Centers Shared Branch Locations:
Transfers or withdrawals from my Regular Share, Money Market Share, and Checking account(s).
Balance inquiries on my primary Regular Share, Money Market Share, and Checking account(s).
Deposits to my Regular Share, Money Market Share, and Checking account(s).
All such transactions shall access my primary accounts(s) unless otherwise designated.
Foreign Currency: If I use the card to withdraw foreign currency from an ATM or at a financial institution that accepts cards with the VISA? logo, my account will be charged for the U.S. dollar equivalent of the transaction. The financial institution at which I conduct the transaction, or the network to which the ATM belongs, determines the exchange rate and calculates the U.S. dollar equivalent. The financial institution or network may also charge a fee.
Limitations on Frequency and Dollar Amounts of Transactions: Provided I have enough money in my Share/Checking account(s), I may withdraw up to a maximum of $500 during any day, including Saturday and Sunday, when using an ATM. However, the amount that I may withdraw daily or in any single use of the ATM may be different at Network ATMs, where limits are determined by each individual participating financial institution. For security reasons, in the event my Card or PIN is lost or stolen, there are limits on the dollar amount of transactions I can make on the ATM System.
Off-line Activity: Special processing requirements, such as posting of Hughes Electronics Corporation, Boeing and Raytheon Payroll Direct Deposit and Payroll Deductions or emergencies or telecommunications problems, may from time to time make it necessary for the Kinecta ATM System during scheduled hours to be temporarily out of service or to operate in an "off-line" mode. During off-line operation, withdrawals from a checking or savings account are limited to $100 at a Kinecta ATM or Network ATM and Personal Line of Credit advances and account inquiries are not available.
Card and PIN Safety Precautions: Both a Card and a Personal Identification Number (PIN) will be used each time I use an ATM. The following conditions must be observed for both the privacy and protection of my account and the system(s):
I MUST KEEP MY CARD IN A SAFE PLACE AND PERMIT NO UNAUTHORIZED PERSON TO USE IT;
I MUST NOT DISCLOSE MY KINECTA ATM PIN TO ANY UNAUTHORIZED PERSON OR WRITE IT ON MY CARD, CARRY IT IN MY WALLET OR PURSE, OR OTHERWISE MAKE IT AVAILABLE TO ANYONE ELSE;
I WILL REPORT TO YOU IMMEDIATELY ANY LOSS OR THEFT OF MY CARD AND/OR PIN. IF I AUTHORIZE YOU TO ISSUE A CARD (OR ANY OTHER ACCESS DEVICE) TO ANYONE ELSE, I AUTHORIZE THAT INDIVIDUAL TO WITHDRAW FUNDS FROM MY ACCOUNT(S) WHICH CAN BE ACCESSED BY THE CARD REGARDLESS OF WHETHER THAT INDIVIDUAL IS AUTHORIZED TO WITHDRAW MONEY FROM THE ACCOUNT BY ANY MEANS OTHER THAN BY USE OF THE CARD.
Safety Tips for Using an ATM or POS Terminal: When using my Card I will observe the following precautions:
Be aware of my surroundings, particularly at night;
Consider having someone accompany me when using the ATM or POS terminal after dark;
Put cash away as soon as the transaction is completed, not display it, and not count the cash until later in the safety of my vehicle or home;
If I do notice anything suspicious when approaching the ATM, I will defer the transaction until later or use another ATM or POS terminal;
If I notice anything suspicious while transacting business, I will immediately cancel the transaction and put my Card away;
Immediately Report all crimes to the ATM or POS terminal operator and local law enforcement officials.
My PIN: I agree to memorize my PIN and will not write it on the Card. After memorizing it, I should destroy it. Then I can be assured that no one other than myself will use the Card. If I forget the number, I may come to one of your Member Service Centers and select a new PIN, provided I present adequate identification.
Right to Receive Documentation of Transactions: I will receive a receipt acknowledgment at the time I make an ATM transaction. I should retain this receipt and compare it with my statement from you.
Making Electronic Funds Transfers: I agree to follow the instructions posted or otherwise given by you or the Network ATM systems concerning the use of the ATMs.
ADDITIONAL DISCLOSURES APPLICABLE TO POINT-OF-SALE TRANSACTIONS
Point-of-Sale (POS) Transaction: Both the Kinecta ATM Card and Kinecta CheckCard are referred to as the "Card" unless specifically described.
Types of Available Transactions and Limits on Transactions: By use of my Kinecta ATM Card with my Kinecta Check Card with my PIN or signature at a participating POS terminal, I authorize you to make withdrawals from my checking or share account(s) for cash advances and/or purchases.
Account Access: I may use my Card to withdraw cash from my checking or share account(s) by way of a cash advance from merchants, financial institutions, or others who honor the card. I understand that my Card is not a credit card and does not provide "Credit."
Limitations on Frequency and Dollar Amounts of Kinecta ATM Card Transactions: I may make cash advances and purchases only to the extent that I have available funds in my checking or share account(s) subject to the $700 online and $500 off-line per-day limitation.
Limitations on CheckCard Transactions: Kinecta CheckCards may be used to access my checking accounts from any merchant location where the VISA logo is displayed. The merchant may be required to obtain an authorization from you for any transaction over a certain dollar amount. The available balance in my account will be reduced by the amount of any transaction for which the merchant receives authorization from you, even if the documentation evidencing the transaction has not yet been received or processed by you. When the document has cleared through you, any hold placed on my account for the amount of the transaction will be released and my account will be debited for the amount of the transaction. I agree that you are not responsible if you do not authorize or if you dishonor other POS, ATM, or check transactions drawn on my account while a hold is placed on my account.
Limitations on Frequency and Dollar Amounts of CheckCard Transactions: I understand that the Kinecta CheckCard has a cumulative daily transaction limit of $1,500 within which the following limits also apply: (1) a $500 daily limit on cash withdrawals at an ATM, and (2) $1,000 daily limit on POS transactions using a PIN or a signature-based transaction. I understand that both ATM and POS transactions (using a PIN or a signature) are counted in the $1,500 daily limit.
Right To Receive Documentation: I can receive a receipt from the merchant or financial institution at the time I make a purchase or obtain a cash advance from my checking or regular share account. I may receive an imprinted sales slip in the case of CheckCard transactions. I should retain these receipts to compare with my statement from you.
Card Claims and Transaction Questions: When I authorize other parties to debit my account, I am responsible for these transactions. Thus, I may have to contact these parties directly if I have questions or complaints about my transactions. Any claims concerning property or services purchased with my Card must be resolved by me directly with the merchant or seller who accepted the Card. I understand you will not be able to help me because you only have the information received from the other party. Any claim or defense that I assert will not relieve me of my obligation to pay you the total amount of the sales slip. I am not permitted to stop payment on any purchase through the use of my Card.
Kinecta CheckCard Purchase Returns and Adjustments: No cash refunds will be made to me on purchases made with my Kinecta CheckCard. Any refund to me by a merchant or seller of goods or services must be made on a credit voucher signed by me and submitted to you by the merchant or seller. The amount of my credit will be indicated on my checking account statement.
Foreign Transactions: Purchases using Kinecta Check Cards made in foreign countries and foreign currencies will be billed to me in U.S. dollars. The conversion rate to dollars will be made in accordance with the operating regulations for international transactions established by VISA International, Inc.
Use of Kinecta CheckCard: The use of my Kinecta CheckCard shall be through secret PIN (Personal Identification Number) activation or my signature. I agree that all transactions made with my authorized PIN or signature utilization are made by me, and I accept all financial liability for such transactions. I also agree to sign my signature in the space provided on my Kinecta CheckCard for additional security and protection. I agree to keep my PIN protected as described under "Additional Disclosure Applicable to ATM and Point-Of-Sale Electronic Funds Transactions" hereunder.
Hold on Funds: I understand that transactions initiated by use of my Kinecta CheckCard will create an automatic hold on funds equal to the transaction amount or may result in immediate withdrawals from my checking account or other linked account(s) depending on the nature of the particular transaction. If I do not have adequate funds or amounts in my primary or linked account(s) my transaction may be denied.
Transaction Fees: The Credit Union does not charge any transaction fees on my Card transactions at this time. However, I understand that other merchants and institutions may charge such transaction fees. This fee will be included in the amount of the transaction as it appears on my periodic statement. The Credit Union may charge transaction fees in the future upon written notice at least 21days in advance, or as otherwise provided by law.
Ownership of Card: The Card (whether used at POS Terminals or ATMs) remains your property, and I agree to surrender the card to you upon demand. You may cancel, modify, or restrict the use of any Card upon proper notice or without notice if any of my accounts are overdrawn, if any of my loan accounts are delinquent, if an advance drawn on any loan exceeds my credit limit, if I use my card in a manner which may cause loss to you, or if you are aware that I have violated any term of this Disclosure and Agreement, whether or not you suffer a loss, or where necessary to maintain or restore the security of my account(s) or the ATM System.
ADDITIONAL DISCLOSURE APPLICABLE TO ATM AND POINT-OF-SALE ELECTRONIC FUNDS TRANSACTIONS FOR YOUTH CLUB ACCOUNT HOLDERS
Account Ownership: My application for issuance of a Kinecta ATM Card must be a joint application with an adult co-applicant (guardian or parent) over the age of 18.
Kinecta ATM Card: Notwithstanding any provision to the contrary herein, I may only request you to issue one Kinecta ATM Card and one Personal Identification Number (PIN) for my account. I may not request a second Kinecta ATM Card for the joint applicant on my account.
Limitations on Frequency and Dollar Amounts of Transactions: Provided I have enough money in my savings/checking account(s) or available credit under my Personal Line of Credit, I may withdraw up to a maximum of $100 during any day, including Saturday and Sunday. However, the amount that I may withdraw daily or in any single use of the ATM may be different at Network ATMs where limits are determined by each individual participating financial institution.
ADDITIONAL DISCLOSURE APPLICABLE TO ELECTRONIC ACCESS SYSTEMS
Types of Transactions: I will have access to your Electronic Access Systems (which may consist of the Touch-Tone Voice Response System, Kinecta Direct, and Bill Payment) with my personal Access Code, identification number, or password (collectively referred to as Access Codes) that I select. I may change my Access Code(s) at any time and should do so if an unauthorized person has access to my current Access Code(s).
Account Access: I may use my Code with the Electronic Access Systems to:
Make inquiries on account balances and loan payment data.
Request withdrawals from my Share accounts and/or loan advances on my Personal Line of Credit by Credit Union check with the primary owner as a payee and mailed to the primary owner's address of record.
Request that you issue a stop payment order on my checks drawn on any checking account. I realize and understand that I must give you a reasonable time within which to act and I agree to indemnify, defend, and hold you harmless from any and all liability with respect to my stop payment request.
Request transfers to and from share, money market, checking accounts and/or loans.
Request transfers from savings to make loan or other payments.
Inquire about paid checks.
Inquire on prior and current year's dividends.
Authorize you to pay bills as directed by me.
Place stop payments.
You may offer additional systems and/or services in the future, and if so I will be notified of them.
Limitations:Account withdrawals and transfers are unlimited to the extent that I have clear available funds in the account.
NOTE (not applicable to Bill Payments): Requests for check withdrawals accepted on regular business days will be mailed on the next business day to the address of record for the account. The minimum savings withdrawal is $1.00 and the maximum is $50,000. The minimum Personal Line of Credit advance is $20 and the maximum is my available unused credit.
If I make Credit Card or Mortgage Loan payments by transferring funds from my account on Kinecta Direct after 12:00 noon, the payment will be credited on the following business day.
Verification Of Transfers: I may telephone you at 310.643.5434 or 800.854.9846 and you will advise me whether or not the transfer has occurred.
Data Recording: I understand and agree that when I use Kinecta Direct, the information I enter may be recorded.
Access Code Safety Precautions:
I must not disclose my Access Code to any unauthorized person, carry it in my wallet or purse, or otherwise make it available to anyone else;
I will report to you immediately if I forget my Access Code or have reason to believe it has been compromised in any way.
I understand that if I add a joint owner to one of my accounts and/or give my Access Code to anyone (joint owner or not), this person will have access to all of my accounts under my member number, including my Personal Line of Credit, and will also have the ability to modify my Access Code at any time. By giving my Access Code to anyone, I have authorized that person to withdraw funds from my accounts.
Disclaimer: I UNDERSTAND THAT THE ELECTRONIC ACCESS SYSTEMS ARE AUTHORIZED ONLY FOR DOMESTIC USE WITHIN THE UNITED STATES AND TERRITORIES THAT FALL UNDER THE JURISDICTION OF U.S. LAWS AND TREATIES. THE CREDIT UNION ACCEPTS NO RESPONSIBILITY FOR ANY USAGE GOING OUTSIDE OR THROUGH THE TERRITORIAL JURISDICTION OF THE UNITED STATES OR ANY VIOLATIONS OF FOREIGN ENCRYPTION OR TELECOMMUNICATION PROHIBITIONS OR LAWS.
ADDITIONAL DISCLOSURE APPLICABLE TO BILL PAYMENT SERVICES
Type of Transactions: If I choose to use the Bill Payment services, in addition to the Kinecta Direct features previously listed I may also pay bills online from my Bill Payment Checking Account to persons or entities I select. I understand that payment of taxes or court-directed payments through the Bill Payment services is prohibited.
Designating a Bill Payment Account: When I set up Kinecta Direct and Bill Payment services, I must designate a checking account as my Bill Payment account. If I close my Bill Payment checking account, or if it is no longer linked to my Kinecta Direct, my Bill Payment services will end, and any unprocessed bill payments will not be made. In the event I change my checking account type or my account number, I understand that I must re-enroll in Bill Payment and reestablish schedule bill payments from my previous account.
Canceling My Bill Payment Services: If I choose to discontinue my Bill Payment services, any unprocessed bill payments will be canceled. I understand that I should cancel any scheduled bill payments through Kinecta Direct prior to notifying you in writing that I am discontinuing the Bill Payment services. I may cancel a bill payment transaction up to, but not including, the date I scheduled it for processing. I must go online and cancel before the end of your business day prior to the date the transaction is scheduled to be processed.
Bill Payments: I understand and agree that I must be 18 years of age (or age of majority depending on the state in which I reside) to set up or use Bill Payment. Bill Payments can be from any amount between $1.00 and $9,999.99. When I schedule a Bill Payment using Kinecta Direct, I authorize you to withdraw the necessary funds from my savings, money market, or checking account. I agree that I will instruct you to make a withdrawal only when a sufficient balance is or will be available in my designated account or the funds are available through my checking account overdraft source(s).
While it is anticipated that most transactions will be processed five (5) business days before my scheduled payment date, I understand that due to circumstances beyond your control, particularly delays in handling and posting payments by slow responding companies or financial institutions, some transactions may take a day or even a few days longer to post to my account with the designated payee. For this reason all the bill payment dates should be scheduled by me at least seven (7) business days before the actual due date (not the late date and/or the grace period). A bill payment scheduled to be made on a day that is not a business day will be made on the next business day. If I properly follow the procedures described herein, and you fail to send a payment according to the payment instructions received, you shall be responsible for returning the improperly transferred funds to my account and for directing to the proper recipient any previously misdirected bill payments or transfers. In the event, including but not limited to scheduling a payment date which is not at least seven (7) business days before the due date, or on or past the due date stated on my bill, the risk of incurring and responsibility for paying any and all late charges or penalties shall be borne by me. I agree to enter my account number and address as they appear on my payment stub or bill when adding payees to my Kinecta Direct. For purposes of Bill Payment, a business day is defined as a day when your Member Service Centers are open for business.
I understand that the primary or any joint owner of my account can sign up for Bill Payment, unless the primary owner of my account requests in writing to you that Bill Payment be blocked. Once blocked, Bill Payment may only be activated by a written request by the primary owner. I also understand that once Bill Payment is established, the primary or any joint owner of my account may terminate Bill Payment services by notifying you in writing. I hereby agree to indemnify, defend, and hold you harmless from acting upon the request of the primary or any joint owner of my account.
Non-Sufficient Funds: I understand that you will not act on any withdrawal instruction from me if sufficient funds, including any overdraft line of credit and funds available in my other overdraft sources, are not available in my Bill Payment Checking Account, and you will not pay the bill payment. In some instances, at your option, I will receive a notice from you either in writing or electronic mail. Whether notified or not, I agree that my account will be charged a fee in accordance to your Schedule of Fees and Charges.
Merchant or Payee Limitation: I understand that you reserve the right to refuse to pay any person or entity to which I may direct a payment. You are obligated to notify me promptly if you decide to refuse to pay the person or entity designated by me. This notification is not required if I attempt to pay tax or court-related payments, which are prohibited under this agreement. In addition, I understand that you will not be able to execute any bill payment if the payee cannot or will not accept such payment.
Information Authorization: Through my enrollment in the Bill Payment services, I agree that you reserve the right to request a review of my credit rating at your own expense through an authorized bureau. In addition, I agree that you reserve the right to obtain financial information regarding my account from a merchant or a financial institution to resolve payment posting problems.
Right to Cancel Bill Payments: If I want to cancel any of my scheduled bill payments, I must cancel the bill payment at least one day prior to the scheduled date by accessing Bill Payment through Kinecta Direct. You will charge me for each stop payment order I give. Such stop payment notice will apply only to that particular payment.
Charges: As a Bill Payment user, I agree to be charged a fee per month charged against the account designated as a Bill Payment Checking Account. The monthly fee you charge for Bill Payment may change from time to time with prior notice to me. There may be a charge for additional transactions and optional services. I agree to pay such charges and authorize you to charge first my Bill Payment Checking Account, and in the event there are not sufficient funds in the checking account, then my Share and Money Market Share accounts, for these amounts and any additional charges that may be incurred by me.
Changes: I understand and agree that you have the option to electronically notify me of changes in the Bill Payment terms and conditions. I agree to be bound by the revised terms and conditions and understand that they will be included in the next Amendment or Addendum to your Agreements and Disclosures booklet.