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August 2004
Welcome to Travis Credit Union
Thank you for becoming a member of
Travis Credit Union and opening a business account with us. By signing
the business account application/signature card and depositing money
in an account, you and the Credit Union agree to the applicable
terms and conditions contained within this agreement and disclosure,
any accompanying disclosures and amendments thereto. All fees and
charges which apply to your account(s) are disclosed in the Credit
Union’s Business Account Schedule of Fees and Charges, which is
provided with this agreement.
The following terms and conditions
governing your accounts constitute a mutually protective service
agreement between you and Travis Credit Union. This agreement and
disclosure supplements the terms and conditions in other disclosures,
which are included for reference. Please keep these documents together
for your records. All transactions covered by this agreement
are also subject to the terms and conditions of your individual
account agreements with us.
You will receive an Initial Account
Disclosure which explains specific account terms and conditions
such as required deposit amount, dividend rate and Annual Percentage
Yield (APY) and includes information about rates and how such rates
are determined. Keep this agreement, the Business Account Schedule
of Fees and Charges, Initial Account Disclosures and other specific
disclosures with your permanent documents. You will receive periodic
statements which will provide you with the status of your accounts.
The words “you,” “your” and “yours” mean each and all of those who
sign an account signature card or you, the Member, as applicable.
The words “we,” “us,” “our” and "Credit Union" mean Travis
Credit Union.
The person, business, organization,
association, sole proprietorship, corporation or partnership in
whose name the account is held (the Member) and the authorized signers
on the account signature card agree to conform to the bylaws of
the Credit Union and agree to the terms, conditions and fee schedules
established by the Credit Union from time to time for any accounts
established by the Member.
BUSINESS ENTITIES
Sole Proprietorship Accounts
A sole proprietorship is the simplest and most common form of a
business entity. It consists of one individual (or a married couple)
in business for him or herself. Legally, the sole proprietor and
his or her business enterprise are one entity. There is no legal
distinction between personal debt and business debt. A sole proprietor
is treated as an individual and must be within the field of membership.
A sole proprietor may vote in Credit Union elections. As such, a
sole proprietor has voting rights in the Credit Union in accordance
with the Credit Union bylaws.
The Credit Union classifies all sole proprietorship accounts
as either individual or joint accounts. All joint accounts are classified
as Joint Tenancy with Right of Survivorship.
A joint sole proprietorship account
is in the names of two married individuals who have undivided ownership
with the right of survivorship. Should any joint account owner die,
the other account owner will automatically own all monies in the
account, which will not be subject to the terms of a will or probate
proceeding on the estate of the deceased. If any joint account owner
dies, the Credit Union should be promptly notified in writing.
Any one of the joint account owners
has the power to act in all matters relating to the account, such
as deposits, withdrawals and pledge of account as security on a
loan. However, no joint owner of an account may vote, obtain loans
individually, or hold office unless they are a member in their own
right.
If you are a sole proprietor, you agree
upon your death that your estate shall release and indemnify the
Credit Union for any payment made at the direction of an authorized
signer on your account, provided the Credit Union has not received
written notice of your death.
If you are doing business under an
assumed name, you represent and agree that you have properly filed
all assumed name certificates or other documents required by California
state law. You agree to give the Credit Union advance written notice
of any change in your form of ownership.
To establish a sole proprietorship
account, the Credit Union may require copies of the following documents
as applicable: (1) a Fictitious Name Certificate or Statement, (2)
a certificate of Assumed Name and (3) a Business License.*
*If opening a joint account, proof
of marriage is required.
Partnership Accounts
A partnership is an association of two
or more persons who are co-owners of a business for profit. A partnership
may exist under a written or oral agreement or through an implied
agreement. Partnerships are more stringent business organizations
than sole proprietorships and each partner can be held liable for
the partnership debt in the event of default.
Each partner must be within the field
of membership, though a partnership does not have voting rights
in the Credit Union. Any partner who wishes to vote must establish
an individual membership in the Credit Union.
If you are a partnership, including
a limited partnership, limited liability partnership (LLP) or joint
venture, you agree that the account is payable only to or on the
order of the partnership, LLP or joint venture and not to any individual
partner. However, a partner may be a payee on a check or other item
drawn on the account. On any transactions involving the account,
the Credit Union may act upon the instructions of the person(s)
authorized in the certificates or resolutions to act on behalf of
the partnership, LLP or joint venture. You agree to give the Credit
Union advance written notice of any change in your form of ownership.
To establish a partnership account,
the Credit Union may require copies of the following documents as
applicable: (1) a Partnership Agreement (if there is no agreement,
a written statement to that effect signed by all the partners),
(2) a Fictitious Name Certificate or Statement, (3) a certificate
of Assumed Name, (4) a Business License, (5) a Limited Partnership
Agreement filed with the state of California and (6) a Limited Partnerships
Certification of partnership information filed with the state of
California* and (7) LLP registration form filed with the state of
California.**
*A limited partnership must include
“limited partnership” or “LP” in the legal name.
**A limited liability partnership
must include “LLP” in the account title.
Corporate Accounts
A corporation is a legal entity entirely
separate from its shareholders or officers. The corporation's board
must authorize the establishment of an account and designate the
officers authorized to sign on behalf of the corporation. A corporate
resolution which names the duly authorized signatories for the corporation
must accompany any Application for Membership and Account Agreement
which is submitted on behalf of a corporation. Generally documents
executed by the officers, in their capacity as officers, only obligates
the corporation and do not obligate the shareholders or the officers
individually, even if the officer is the sole owner of the corporation.
Each shareholder must be within the field
of membership, though a corporation does not have voting rights
in the Credit Union. Any shareholder, director or officer of the
corporation who wishes to vote must establish an individual membership
in the Credit Union.
If you are a corporation or limited
liability company (LLC), you agree that the account is payable only
to or on the order of the corporation or LLC and not, except as
they may be a payee on a check or other item drawn on the account,
to any individual director, shareholder or member thereof.
You further represent that all resolutions
delivered to the Credit Union in connection with the account are
true, accurate and complete and will be kept up-to-date and may
be conclusively relied upon. On any transaction involving the account,
the Credit Union may act upon the instructions of the person(s)
authorized in the resolutions to act on behalf of the corporation
or LLC. You agree to give the Credit Union advance written notice
of any change in your form of ownership. You also agree that the
Credit Union is not obligated to cash checks payable to you or to
accept "less cash" deposits.
To establish a corporate account,
the Credit Union may require copies of the following documents as
applicable: (1) Articles of Incorporation and (2) Corporate resolutions.
To establish a limited liability company
account, the Credit Union may require copies of the following documents
as applicable: (1) Articles of Organization, (2) Operating Agreement,
(3) a Fictitious Name Certificate or Statement, (4) a certificate
of Assumed Name or (5) a Business License.*
*Limited Liability Companies must
include LLC in the account title.
Non-personal Accounts and Unincorporated Association Accounts
Such an account is usually issued
in the name of a club or league. We reserve the right to require
the governing body of the club or league to give us a separate authorization
telling us who is authorized to act on its behalf. We will honor
such an authorization until we receive written notice of a change
in authorization from the governing body. The signers on this account
represent that they are authorized to enter into this agreement
to open the account.
Each member of the association must
be within the field of membership, though signers on these accounts
do not have voting rights in the Credit Union. Any member of the
association who wishes to vote must establish an individual membership
in the Credit Union.
You agree that the account is payable
only to or on the order of the association and not, except as they
may be a payee on a check or other item drawn on the account, to
any member thereof. You further represent that the association has
taken all action and that all documentation delivered to the Credit
Union is true, accurate and complete and will be kept up-to-date
and may be conclusively relied upon by the Credit Union. On any
transaction involving the account, the Credit Union may act upon
the instructions of the person(s) authorized in the documentation
to act on behalf of the association. You agree to give us
advance written notice of any change in your authorization. You
also agree that the Credit Union is not obligated to cash checks
payable to you or to accept "less cash" deposits.
Authorized Signers
The Credit Union may rely upon any signature on the business
account application or signature card (an “authorized signer”) in
the payment of funds and in all other transactions and instructions
in connection with an account. Payment to any one of the authorized
signers shall be valid and shall discharge the Credit Union from
any further liability for such payment. All members agree to sign
a new business account application upon request. The member may
add, remove or change the status of authorized signers after compliance
with applicable Credit Union procedures and upon presentation of
the appropriate form required by the Credit Union. Such action must
be executed in writing by the member and shall not effect transactions
made within 2 business days of receipt of notice by the Credit Union.
If an authorized signer is deleted from the account, any checks
in the signer’s possession that are presented for payment may be
honored by the Credit Union. Accordingly, the member shall be solely
responsible for recovering any checks in the possession of the signer
whose name is deleted from the account signature card.
The Credit Union does not accept accounts
which require the signature of more than one authorized signer on
checks or withdrawals or other instructions. Each joint account
owner shall have equal access to the account.
The use of a Personal Identification
Number (PIN) or other authorized device by which funds in the account
may be accessed by you, such as by ATM Card, VISA Check Card with
ATM access, audio response service, or Internet banking service,
shall have the same force and effect as your signature. If you authorize
us to issue a duplicate ATM Card or VISA Check Card to someone,
or if you give your Card or PIN to another person, you are authorizing
that person to withdraw funds and perform other transactions on
your accounts covered by this agreement, regardless of any limits
to which you and the authorized user have agreed. Furthermore, you
understand that you will be legally responsible for any transaction
that person initiates. This rule also applies to any other electronically
initiated transfers of funds service that may become available in
the future.
We have no duty or agreement to monitor
or ensure that the acts of the authorized signers are for your benefit.
You agree that the Credit Union may honor and charge against your
account any items signed (electronically or otherwise), drawn, accepted,
endorsed or authorized by an authorized signer without inquiry as
to the circumstances of issue or disposition of the proceeds and
regardless of to whom such items are payable or endorsed.
You understand that the terms of this
agreement apply to any authorized signer and you agree that you
are responsible for any transactions involving your account that
are performed by an authorized signer.
Facsimile Signatures
If you authorize the Credit Union
to honor a facsimile signature, you agree that you shall have the
sole responsibility for maintaining security of any such facsimile
signature or device and you shall bear the entire risk of unauthorized
use thereof whether or not you are negligent.
You agree that a facsimile signature
that we have been authorized to honor or that you have used, will
not be considered a forgery, unauthorized signature or endorsement,
whether or not you have been negligent.
You also agree that we may 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) have been affixed, so long as they resemble
the facsimile signature filed with us and contain the required number
of signatures for this purpose.
You further agree to indemnify and
hold the Credit Union harmless from and against any and all loss,
costs, damage, liability or expense, including attorneys' fees,
that we may suffer or incur as a result of the unlawful or unauthorized
use of any facsimile signature.
MEMBERSHIP REQUIREMENTS
Travis Credit Union is a not-for-profit, full-service, cooperative
financial institution owned and directed by its members. It is chartered
and regulated by the California Department of Financial Institutions
and is insured by the National Credit Union Administration, an agency
of the federal government.
Membership is open to current
active duty and retired military and civilian personnel
stationed at Travis Air Force Base and their immediate and
extended family members, as well as selected employee groups in
Merced and Solano Counties. Family members include parents,
grandparents, children, grandchildren, brothers, sisters, aunts
and uncles of eligible members. Membership is also open to
everyone who lives, works, attends school or worships in Solano,
Merced, Napa, Contra Costa, Yolo, Sacramento, Placer, San
Joaquin ,Stanislaus, Colusa, Sonoma and Alameda Counties, California.
If you are unsure about your eligibility
or if you have additional questions, please call us at (707) 449-4000
or
(800) 877-8328.
You must maintain a minimum of one
$5 share investment in the Credit Union to retain your active membership.
If for any reason your share investment drops below $5, you may
be denied other membership services, such as a line-of-credit or
other loan advances.
Any member whose share account falls
below the required minimum share balance and who has no outstanding
loan balance may be transferred to an inactive member status. Such
members, even if initially qualified to vote, shall have no voting
rights and no right to notice of members’ meetings. Such inactive
members shall not count as members for determining quorums or required
votes and need not be sent annual reports or financial statements
except upon request. When an inactive member increases his
or her share balance to the required minimum share balance or borrows
from the Credit Union, he or she shall cease to be an inactive member.
Identification
To help the government fight the funding
of terrorism and money laundering activities, federal law requires
all financial institutions to obtain, verify and record information
that identifies each person who opens an account. When you open
an account we will ask for your name, address, date of birth and
other information that will allow us to identify you. We may also
ask to see your driver’s license or other identifying documents.
Account Verification Through a Consumer Bureau
We will verify your application for
membership through an account verification service and reserve the
right to deny any application based on the results of negative information
received through this service. If we deny your application, we will
provide you with the name, address and telephone number of the account
verification service that provided us with the information and any
other information as required by applicable law.
Suspension and Denial of Services and Expulsion
The Credit Union reserves the right
to suspend or deny services and may restrict access to Credit Union
premises if: (1) you cause a loss to the Credit Union, (2) you habitually
mishandle your account(s), (3) you are abusive or threatening toward
Credit Union employees or members, (4) you deface, destroy or attempt
to deface or destroy Credit Union property, (5) you have been convicted
of a criminal offense, (6) you fail to carry out your contracts,
agreements or obligations with the Credit Union or (7) you refuse
to comply with the provisions of the California Credit Union Law
or the Credit Union's bylaws.
You warrant and agree that you will
not use Credit Union accounts or services, included but not limited
to loans, to make or facilitate any illegal transactions as determined
by applicable law; and that any such use, including any such authorized
use, will constitute an event of default under this agreement. You
agree that the Credit Union will not have any liability, responsibility
or culpability whatsoever for any such use by you or any authorized
user. You further agree to indemnify and hold the Credit Union harmless
from any lawsuits, liability, damages or adverse action of any kind
that results directly or indirectly from such illegal use. In addition,
you authorize us to debit from your account without prior notice
any costs, losses or expenses incurred by us as a result of your
failure to comply with the terms of this agreement.
In addition you agree that we may
terminate this agreement and any other service described herein
at any time upon written notice.
You can terminate any of the services
provided for in this agreement by notifying us in writing. If you
ask us to terminate your account or the use of any service, you
will remain liable for subsequent transactions performed to your
account by you or any other parties authorized by you. Termination
of this agreement will not effect your rights and responsibilities
for transactions initiated before termination.
Pledges of Shares
You acknowledge and agree that you
are pledging all or any part of the shares or funds in any accounts
as collateral security for a loan or loans with the Credit Union.
We reserve the right to exercise this pledge of shares or funds
for liabilities owed to us against any account held by you individually
or jointly with any other person(s) to the fullest extent permitted
by law.
Federal Insurance - National Credit Union Administration (NCUA)
Generally, your accounts at the Credit
Union are insured in the aggregate to $100,000 by the NCUA, a U.S.
government agency. If you have questions about the protection on
your accounts or the coverage, a NCUA brochure, which explains insurance
coverage, is available at any branch office or by calling (707)
449-4000 or (800) 877-8328.
SUMMARY OF ACCOUNT
TERMS AND CONDITIONS
The following is a summary of the
terms and conditions on all accounts. Your accounts are governed
by rules and regulations under federal law, California state law
and bylaws of the Credit Union.
Change in Terms
The Credit Union reserves the right
to change the terms and conditions of your account(s) and this Disclosure
at any time, including the Business Account Schedule of Fees and
Charges. We will notify you of any changes to
such terms and condition as required by applicable law.
Early Closure of Account
If you close your account within 90
days of opening the account, you will be charged an account closure
fee. Please refer to the Business Account Schedule of Fees and Charges.
Your Earnings
Our dividend rates are set by the
Board of Directors, taking into consideration the cost of funds
to the Credit Union and the current market place and can change
at any time. Dividends are only paid out of current income and available
earnings after required transfers to reserves are made.
Dividends begin to accrue on the business
day you make a deposit regardless of whether the deposit is cash
or non-cash, but do not accrue on the date of withdrawal for the
amount of the withdrawal. Dividends are credited to your account(s)
on a monthly basis on the first day of each month following the
end of the dividend period. Please refer to the Initial Account
Disclosures for comprehensive information including current rates,
method of computation, Certificate Account rates and Annual Percentage
Yield (APY) for all share accounts.
Monthly Transaction Activity
Business transactions should only
be processed through the business checking account. If the share
account or a money market account is also used for processing transactions,
the business Checking Monthly Transaction Activity Allowance detailed
in the Business Checking Account Disclosure will apply to the aggregate
of transactions processed through all accounts in calculating per
item charges in excess of transaction allowance.
Deposits and Withdrawals
Deposits can be made by direct deposit, automatic payroll deduction,
automatic transfer, Travis Credit Union Call-24 Phone Banking, in
person, by telephone or by mail. Telephone withdrawals will be made
only by transfer into your Business Share Account, Business Checking
Account or by Credit Union check payable to your business and mailed
to your address on record. Preauthorized transfers to make
regular loan payments are also possible and encouraged.
Processing of Negotiable Items
All items accepted for deposit will be handled by the Credit
Union as agent for the member(s) and are subject to charge back
or refund if final payment is not received in a form acceptable
to the Credit Union. If a claim is made that an item has been altered,
has bore a forged or unauthorized endorsement or was otherwise un-
payable after final payment has been made, the Credit Union may
withhold the amount in question from your account until final determination
of such claim is made.
The Credit Union reserves the right
to accept or reject any item submitted for deposit or encashment
that appears to be altered, nonnegotiable, not payable to you or
that we believe is invalid.
All items received and credited by
the Credit Union are subject to final collection and receipt of
proceeds credited to the account of the Credit Union. A copy of
our Funds Availability Disclosure Brochure accompanies this agreement.
Please review this document which explains when there may be a delay
between the time you deposit funds and the time they are available
for withdrawal.
Merchant Card Processing
To assist merchants with their card
processing, Travis Credit Union has arranged with TermNet, an electronic
processor, to offer merchant processing. The Credit Union offers
this as a referral only and accepts no responsibility or liability
for the service. Contracts and agreements are solely between the
merchant and TermNet and strictly at the merchant's volition. For
more information regarding this service please call us at (707)
449-4700 or (800) 877-8328.
Acceptance of Fees and Charges
A current Business Account Schedule
of Fees and Charges is available to all members and accompanies
this agreement. By opening an account with the Credit Union, you
agree to accept the fees and charges as they apply to your account.
The Credit Union reserves the right to change or amend the Business
Account Schedule of Fees and Charges at any time. You will be notified
thirty (30) calendar days prior to any changes that affect your
account.
Inquiries
The Credit Union may make any inquiry
it considers appropriate for the purpose of evaluating your account.
This may include ordering a credit report. You authorize the Credit
Union to perform a credit check or obtain a credit report at any
time.
Right to Set-Off
Under certain circumstances, the law permits the Credit Union
to use funds in your account to set-off any debt you owe the Credit
Union, after giving you such notice may be required by law. Any
joint account shall also be available as a set-off against any debt
owned the Credit Union by any member, individually or jointly.
Dormant Accounts
The California Unclaimed Property
Law requires the Credit Union to surrender to the state the balance
in any account that has had no activity for a period of three years,
except the posting of dividends. Certificate Accounts will be surrendered
three years from initial maturity and Self-Employed Programs (SEP
IRAs) will be surrendered three years after the member turns 70½
years of age. The legal term for this is “escheat.” An account escheats
to the state if none of the following criteria are met during the
three year period:
1.
member generated deposits, withdrawals or updates to the account,
2.
written correspondence from the member or legal representative,
or
3.
written show of interest in the account by the member.
Once an account has been turned over
to the state, you may reclaim the funds by presenting adequate proof
of ownership to the State Controller’s office.
Legal Process
If the Credit Union is served with
a legal process on your account, such as a tax levy, garnishment,
court or similar order with which we must comply, we will notify
you as required by law.
Power of Attorney
The Credit Union may be asked to honor
instructions given by someone acting on behalf of a member under
a power of attorney.
Powers of Attorney will be accepted
only where the sole proprietor is the principal appointing another
to act on his or her behalf.
The Credit Union reserves the right
to refuse to act upon these instructions if the Credit Union is
not reasonably certain that the power of attorney is valid and covers
the transaction(s) requested. However, you agree to hold the Credit
Union harmless for any loss or damage you may incur as a result
of our decision to follow the instructions given by the Power of
Attorney, as long as the Credit Union’s decision is made in good
faith.
Change of Address
If you have not notified the Credit Union of a change in your mailing
address, the items we mail to you may be returned to the Credit
Union. Unclaimed returned mail will be destroyed after thirty (30)
days.Statements
All ACH, ATM, Check Card, Electronic Transfer or Call-24 transactions
will be reported with your regular account activity on a statement
mailed to your address on record. Please inform the Credit Union
of any change to your mailing address.If you have an active Business
Checking Account, you will automatically receive a statement each
month, even if no ACH, ATM, Check Card, Electronic Transfer or Call-24
activity has occurred. If this activity has not occurred, you will
receive quarterly statements. Statements are typically mailed during
the first 10 business days of the month. Electronic statements are
typically posted by the second business day of the month. If you
would like a statement prior to the time one is normally furnished,
you may request a printout of your account history. The charge for
this special printout service is listed on the Business Account
Schedule of Fees and Charges.
Terminating an Account
An account may be closed at any time
by the member or the Credit Union. The Credit Union may close an
account by mailing the account holder a notice or a check for the
account balance.
Large Cash Withdrawal Notice
The Credit Union reserves the right
to require two (2) business days advance notice for cash withdrawals
over $5,000.00. This may be necessary to ensure availability of
cash to all members.
Currency Transaction Reporting
Federal regulations require all financial
institutions to report certain types of currency transactions to
various federal agencies. These reports are designed to aid in the
detection and control of currency flow generated from illegal activities.
Income Tax Reporting
In most cases, the Credit Union is required to report any dividend
payments totaling $10 or more during the year to the IRS, the California
State Franchise Tax Board and to you. If you do not provide the
Credit Union with a correct taxpayer identification number or are
not otherwise exempt from backup withholding, the IRS requires the
Credit Union to withhold and pay a percentage of the dividends credited
to your account. The percentage is an IRS requirement and subject
to change at their discretion.
Notice of Withdrawal
Credit Union bylaws permit the right
to require sixty (60) days written notice of your intention to withdraw
or transfer shares.
ELECTRONIC FUNDS
TRANSFERS
Electronic funds transfers (EFT) are
electronically initiated transfers of funds involving an account
at the Credit Union. The following disclosure defines both
parties’ rights and responsibilities. The abbreviation “PIN” or
word “code” means a personal identification number. We will notify
you of any changes to the information herein as required by applicable
law.
ATM/Check Card
Sole proprietorship account holders may make withdrawals by ATM
Card at designated ATMs and authorized point-of-sale (POS) terminals,
or with a Check Card at designated ATMs, POS terminals or VISA authorized
merchants. The use of ATM Cards and Check Cards is governed by separate
disclosures.
Electronic Presentment and Payment of Checks
Merchants may present your check electronically for payment instead
of sending us the original, paper check. They may also re-present
your check electronically, if it is returned unpaid due to non-sufficient
funds (NSF). Generally, merchants who use electronic presentment
will inform you when you make a purchase. We will debit your account
when we receive the electronic check, just as if we had received
the original, paper check.
Information provided to a merchant or other payee from your personal
check, such as routing, account and serial numbers, may be used
to convert your check to an electronic form. This transaction is
covered under the provisions and protections of the Electronic Fund
Transfers Act, regardless of whether the check is blank, partially
or fully completed, whether the check is presented in person, mailed,
or sent to a lockbox, or whether the check is retained by the merchant
or other payee or returned to you.
Check re-presentments, such as checks returned for non-sufficient
funds and subsequently re-presented for payment, wherein the original,
paper check was processed are NOT covered under the Electronic Fund
Transfers Act.
Preauthorized (ACH) Transactions
Please contact your branch to set up all direct deposits into
your account. Without proper routing codes, direct deposits cannot
be processed.
Preauthorized transfers from your account must be authorized
in writing by the account holder.
Preauthorized Credits
You may confirm regular, direct deposits that are posted to your
account if they are made at least every sixty (60) days by the same
person or company, by calling our Member Service Center at (707)
449-4000 or (800) 877-8328 or Call-24 Phone Banking at (707) 449-4700
or (800) 578-3282.
Preauthorized Debits (Outgoing Payments)
You may confirm monthly, quarterly or annual payments that are
drawn from your account and paid to the same person or company by
calling our Member Service Center at (707) 449-4000 or (800) 877-8328
or Call-24 Phone Banking at (707) 449-4700 or (800) 578-3282.
Notice of Payments in Varying Amounts
If regular, authorized payments from your account vary in amount,
the payee will notify you ten (10) days prior to the payment due
date of the current amount due. However, you may choose to receive
this notification only when the current amount due differs from
the last payment by a specified amount or when the current amount
due falls outside of prearranged limits established by you.
Funds Availability and Payment
Processing
Funds from preauthorized deposits
will be available at the beginning of the business day of the effective
date of the transaction. Preauthorized payments will be deducted
from the account you have designated on the effective date of the
transaction.
Right to Stop Payment
You may stop payment of any preauthorized payment by contacting
your branch or Member Service Center at (707) 449-4700 or (800)
877-8328 within three (3) business days prior to the scheduled payment
date. All verbal requests to stop payment must be followed by a
written request and received by the Credit Union within 14 days
from the date of your verbal request, or the stop payment will be
cancelled. In addition, you must notify the designated payee in
writing that you have ordered the Credit Union to stop payment,
as this is not the Credit Union’s responsibility.
There is a charge for each stop payment
order. Please refer to the Business Account Schedule of Fees and
Charges, which is provided with this agreement. A stop payment order
will only apply to one particular payment. To process your
order, we will need the following information: (1) your account
number, (2) the exact amount of the payment, (3) the name of the
payee and (4) the expected payment. This information must be furnished
within three (3) business days before the scheduled date of the
payment, or we will not be responsible if the item is paid.
If we fail to process your stop payment order that you made three
(3) business days or more before the scheduled payment date and
you provided us with all necessary information, we will be liable
for your losses or damages.
Should a holder of your check attempt to obtain payment by electronic
presentment, re-presentment or return procedures through an Automated
Clearing House (ACH), we will be unable to and will have no obligation
or duty to stop such payment and will not be responsible if the
item is paid.
You may NOT stop payments on any ATM,
POS or VISA® Card transactions.
Documentation
All electronic fund transfers will be recorded on your regular
periodic statement.
Termination of Services
You agree that we may terminate this
agreement and any other service described herein at any time upon
written notice.
You or any other party to your account
can terminate any of the services provided for in this disclosure
and agreement by notifying us in writing. If you ask us to terminate
your account or the use of any service, you will remain liable for
subsequent transactions performed to your account by you or any
other parties authorized by you. Termination of this agreement will
not effect your rights and responsibilities for transactions initiated
before termination.
In Case of Errors or Questions
If you believe there is an error on your statement or receipt,
or you have a question regarding a transfer printed on your statement,
please contact us by telephone or in writing at the telephone numbers
or address listed in the HOW TO CONTACT US section at the end of
this disclosure within sixty (60) days from the date of the first
statement with the problem or error. We will need the following
information to assist you:
1.
Your name and account number;
2.
A description of the error or transfer in question, including the
dollar amount;
3.
An explanation why you believe the transaction is an error; and
3.
The date the error took place.
We may request that any verbal complaint
or question be submitted in writing. If we do not receive this written
request within ten (10) business days, we may not credit your account
for the amount in question during the investigative period.
We will determine whether an error
has occurred within ten (10) business days from the date you first
notified us of the discrepancy. If an error is found, we will promptly
correct it. However, if it is necessary to research the transaction
further, we may take up to 45 days to do so. Under these circumstances
we will credit your account within ten (10) business days (or twenty
(20) business days if your account has been open for less than thirty
(30) days for the amount in question.
If the error concerns an electronic
funds transfer that is (1) a foreign-initiated transaction, (2)
a point-of-sale transaction, or (3) a transaction occurring within
the first thirty (30) days after deposit to a new account, a 90-day
investigation will replace the 45-day condition.
Upon the completion of our investigation,
we will notify you with the results within three (3) business days.
If no error has been made, we will send you a written explanation.
You may request copies of documents used in our investigation.
Our Liability
If we do not complete a transfer to or from your account on
time or in the correct amount according to our agreement with
you, we will be liable for your losses or damages.
Please note the following exceptions. We will NOT be liable:
- If, through no fault of ours, you do not have enough
money in your account or line-of-credit to make the
transfer.
- If the funds in your account are subject to legal
process or other encumbrances restricting such transfer.
- If we receive incorrect or incomplete information from
you or third parties (e.g. U.S. Treasury or automated
clearinghouse.) If the transaction would exceed the credit
limit on your line-of-credit or your available overdraft
protection.
- If circumstances beyond our control, such as fire or
flood, prevent the transfer, despite reasonable precautions
we have taken.
- If any terminal or system was not working properly and
you knew about the breakdown when you started the transfer.
- If your ATM card or PIN has been lost, stolen, damaged
so that the ATM machine cannot read the encoding strip or
the card has expired.
- If a loan payment is past due or we have cancelled
access due to inactivity or the repeated entry of an
incorrect PIN or password.
- If the failure to complete your transaction is done to
protect the security of your account and/or the electronic
terminal system.
There
may be other exceptions not specifically listed above.
Your Liability for Unauthorized Transfers
You agree to provide reasonable assistance
in connection with our efforts to recover funds paid due to unauthorized
use, including but not limited to the filing of a police report.
You may be required to provide a written statement detailing your
claim of unauthorized transactions. The following limitations may
be exceeded to the extent of the law if we determine that you were
negligent or fraudulent in the handling or safekeeping of your account,
PIN, card or password.
Immediately report a lost or stolen card, compromised PIN number
or any discrepancy between the amount you requested from an ATM
and the amount you received, to Travis Credit Union.
Contacting us by phone is the best way to minimize your losses.
Please refer to the HOW TO CONTACT US section at the end of this
disclosure for telephone numbers.
Be advised you could lose all the money in your account, plus
your maximum line-of-credit. However, if you contact us within two
(2) business days after the theft or loss of your card, PIN, or
password, you will lose no more than $50 if an unauthorized party
has used your card, PIN, or password. If you do not notify us within
two (2) business days and we can prove the unauthorized access of
your account could have been avoided if you had notified us, you
may lose as much as $500.
If your statement shows a transfer you did not make, contact
Travis Credit Union immediately. If you do not tell us within sixty
(60) days from the date your statement was mailed, you may not be
compensated for money lost after the sixty days, if we can prove
the unauthorized transfer could have been avoided if you had promptly
notified us. Should an emergency, such as travel or hospitalization
prevent you from notifying us within sixty days, a reasonable extension
will be granted.
Account Information Disclosure
We will disclose information to third parties about your account
or transfers:
1.
When it is necessary to complete a transfer;
2. In order to
verify the existence or condition of your account for a third party,
such as a credit bureau;
3. In order to
comply with government agencies or court orders; and
4.
When you give us your written permission to do so.
Please refer to our Privacy Policy,
which is provided with this agreement.
HOURS OF OPERATION
Branch locations: Branch hours
are generally 10:00 a.m. to 5:30 p.m., Monday through Friday and
9:00 a.m. to 4:15 p.m. on Saturdays, excluding holidays. Hours may
differ from branch to branch and are subject to change without notice.
Member Service Center: Hours
are generally 8:00 a.m. to 7:00 p.m. (PST) Monday through Friday
and 9:00 a.m. to 5:00 p.m. (PST) on Saturdays, excluding holidays.
HOW TO CONTACT US
Loan Application
and Information:
(707) 451-5350 or (800) 449-4110
Call-24 Phone Banking:
24-Hour Access with
Touch-Tone Phone
(707) 449-4700 or (800) 578-3282
Member Service Center:
Account Assistance
and Information
(707) 449-4700 or (800)
877-8328
Billing Address:
Travis Credit Union
P.O. Box 2069
Vacaville, CA
95696-2069
Website Address:
www.traviscu.org
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