Membership & Account Agreement

Membership & Account Agreement

This Agreement covers your and our rights and responsibilities concerning Accounts the Credit Union (Credit Union) offers. In this Agreement, the words “you” and “yours” mean anyone who signs any membership account document (Account Card). The words “we,” “us,” and “our” mean the Credit Union. The word “account” means any one or more share or other accounts you have with the Credit Union. This Agreement applies to all accounts you have with us at this time and at any future time, and supersedes and replaces all prior agreements governing your account.

Your account type(s) and ownership features are designated on your Account Card. By signing an Account Card, each of you, jointly and severally, agree to the terms and conditions in this Agreement and Account Card, the Funds Availability Policy Disclosure, Electronic Funds Transfer Agreement and Disclosure, any Account and Certificate Dividend Rate Disclosures, (Rate and Fee Schedule), any other fee disclosure documents, any online banking agreement and related documents, if applicable, or any Account Receipt whether accompanying this Agreement or provided with future services, and the Credit Union’s Bylaws and policies, and any amendments to these documents from time to time which collectively govern your Membership and Accounts. A completed Credit and Security Agreement is required for membership and incorporated into this agreement. By signing a Credit and Security Agreement you agree to the terms and conditions of the agreement and any addendum’s to the agreement. In cases of inconsistency or conflict, those other rules or agreements governing or referring to the account will control.

1. Membership Eligibility
To join the Credit Union you must meet the membership requirements including purchase and maintenance of at least one (1) share (“membership share”) as set forth in the Credit Union’s Bylaws. You authorize us to check your account, credit, and employment history, and obtain reports from third parties, including credit reporting agencies, to verify your eligibility for the accounts and services you request.

2. Individual Accounts
An individual account is an account owned by one member (individual, corporation, partnership, trust or other organization) qualified for credit union membership. If the account owner dies, the interest passes, subject to applicable law, to the decedent’s estate or Payable on Death (POD) beneficiary/payee or trust beneficiary, subject to other provisions of this Agreement governing our protection for honoring transfer and withdrawal requests of an owner or owner’s agent prior to notice of an owner’s death.

3. Joint Accounts
An account owned by two or more persons is a joint account.

A- Rights of Survivorship Unless otherwise stated on the Account Card, a joint account includes rights of survivorship. This means when one owner dies, all sums in the account will pass to the surviving owner(s). For a joint account without rights of survivorship, the deceased owner’s interest passes to his or her estate. A surviving owner’s interest is subject to the Credit Union’s statutory lien for the deceased owner’s obligations, and to any security interest or pledge granted by a deceased owner, even if a surviving owner did not consent to it.

B- Control of Joint Accounts If a member maintains a joint share savings account, it can only be closed by the primary owner, as closure will terminate membership. Except as set forth above, any owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions and other account matters. Each owner guarantees the signature of any other owner(s). Any owner may withdraw all funds, stop payment on items, transfer, or pledge to us all or any part of the shares without the consent of the other owner(s). We have no duty to notify any owner(s) about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an account. If we receive written notice of a dispute between owners or inconsistent instructions from them, we may suspend or terminate the account and require a court order or written consent from all owners to act.

C- Joint Account Owner Liability. If a deposited item in a joint account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a transaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to us, we may enforce our rights against any account of an owner or all funds in the joint account regardless of who contributed them.

4. Accounts of Businesses and Organizations 
Accounts held in the name of a business, organization, or association member are subject to all of the conditions and terms contained in this Agreement for natural person accounts, and the following additional rules. The Credit Union reserves the right to require the business member to provide an account authorization card or other documentary evidence satisfactory to the Credit Union informing the Credit Union who is authorized to act on the business member’s behalf. No POD beneficiary designation or other designation shall apply to the account. You agree to notify the Credit Union of any change in this representative authority of your agent. The Credit Union may rely on your written authorization to act upon such notice. The Credit Union may require that third-party checks payable to a business may not be cashed, but must be deposited to a business account. You agree that the Credit Union shall have no notice of any breach of fiduciary duties arising from any transactions by any agent of the account owner, unless the Credit Union has actual notice of such breach. Further, you agree that the online banking system may not be used to transmit entries that are in violation of the Unlawful Internet Gambling Enforcement Act.

5. POD/Revocable Trust Account Designations
A Payable on Death(POD)account or revocable trust account designation is an instruction to the Credit Union that an individual or joint account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/payee are owned jointly by such beneficiaries/payees without rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Accounts (IRAs) which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee’s interest in any account,except as otherwise provided by law.

6. Accounts for Minors
We may require any account established by a minor to be a joint account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners.

7. Uniform Transfers/Gifts to Minors Account
A Uniform Transfers/Gifts to Minors Account (UTMA/UGMA) is an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals, or close the account. We have no duty to inquire about the use or purpose of any transaction. If the custodian dies, we may suspend the account, until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal.

8. Agency/Power of Attorney Designation on an Account
An agency designation on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have the right to review and approve any form of power of attorney and may restrict account withdrawals or transfers. We are under no obligation to honor any power of attorney. We have no duty to inquire about the use or purpose of any transaction made by the agent.

9. Deposit of Funds Requirements
Funds may be deposited to any account, in any manner approved by the Credit Union in accordance with the requirements set forth in the Rate and Fee Schedule.

A- Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to, or to the order of, one or more account owners even if they are not endorsed by all payees. You authorize us to supply missing endorsements of any owners if we choose. If a check, draft or item that is payable to two or more persons is ambiguous as to whether it is payable to either or both, we may process the check, draft or item as though it is payable to either person. If an insurance, government, or other check or draft requires an endorsement as set forth on the back of the check or draft, we may require endorsement as set forth on the item. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. However, any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you or any prior endorser will be your responsibility.

B- Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. Deposits made by mail or at unstaffed facilities are not our responsibility until we receive them. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. We may send any item for collection. Items drawn on an institution located outside the United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account.

C- Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional until we receive final payment. If final payment is not received, we may charge your account for the amount of such items or ACH transfers and impose a return item charge on your account. Any collection fees we incur may be charged to your account. We reserve the right to refuse or return any item or funds transfer.

D. Direct Deposits. We may offer preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. You must authorize each direct deposit or preauthorized transfer by filling out a separate form. You must notify us at least thirty (30) days in advance to cancel or change a direct deposit or transfer option. Upon a bankruptcy filing, unless you cancel an authorization we will continue making direct deposits in accordance with your authorization on file with us. If we are required to reimburse the U.S. Government for any benefit payment directly deposited into your account, we may deduct the amount returned from any of your accounts, unless prohibited bylaw.

E. Crediting of Deposits. Deposits made after the deposit cut-off time and deposits made on either holidays or days that are not our business days will be credited to your account on the next business day.

10. Account Access
A. Authorized Signature. Your signature on the Account Card authorizes your account access. We will not be liable for refusing to honor any item or instruction if we believe the signature is not genuine. If you have authorized the use of a facsimile signature,we may honor any check that appears to bear your facsimile signature even if it was made by an unauthorized person. You authorize us to honor transactions initiated by a third person to whom you have given your account number even if you do not authorize a particular transaction.

B. Access Options. You may withdraw or transfer funds from your account(s) in any manner we permit (e.g., at an automated teller machine, in person, by mail, automatic transfer, Online Banking, or telephone, as applicable). We may return as unpaid any check drawn on a form we do not provide, and you are responsible for any loss we incur handling such a check.

C. ACH & Wire Transfers. If we provide the service, you may initiate or receive credits or debits to your account through wire or ACH transfer. You agree that if you receive funds by a wire or ACH transfer, we are not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. We may provisionally credit your account for an ACH transfer before we receive final settlement. We may reverse the provisional credit or you will refund us the amount if we do not receive final settlement. When you initiate a wire transfer, you may identify either the recipient or any financial institution by name and by account or identifying number. The Credit Union (and other institutions) may rely on the account or other identifying number as the proper identification even if it identifies a different party or institution.

D. Credit Union Examination. We may disregard information on any draft or check, other than the signature of the drawer, the amount and any magnetic encoding. You agree we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for sight examination of items.

11. Account Rates and Fees
We may pay account earnings and assess fees against your account as set forth in the Rate and Fee Schedule. We may change the Rate and Fee Schedule at any time and will notify you as required by law.

12. Transaction Limitations
A. Withdrawal Restrictions. We permit withdrawals only if your account has sufficient available funds to cover the full amount of the withdrawal and any applicable fees or you have an established overdraft protection plan. Checks or other transfer or payment orders which are drawn against insufficient funds may be subject to a service charge set forth in the Rate and Fee Schedule. If there are sufficient funds to cover some, but not all of your withdrawal, we may allow those withdrawals for which there are sufficient funds in any order at our discretion. We may refuse to allow a withdrawal in some situations, and will advise you accordingly; for example: (1) a dispute between account owners (unless a court has ordered the Credit Union to allow the withdrawal); (2) a legal garnishment or attachment is served; (3) the account secures any obligation to us; (4) required documentation has not been presented; (5) you fail to repay a Credit Union loan on time. We may require you to give written notice of seven (7) days to sixty (60) days before any intended withdrawals.

B. Transfer Limitations. For share savings and money market accounts, if applicable, you may make up to six (6) preauthorized, automatic, electronic, telephonic, or audio response transfers to another account of yours or to a third party during any calendar month. Of these six, you may make no more than three (3) transfers to a third party by check or debit card. A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearing house (ACH). You may make unlimited transfers to any of your accounts or to any Credit Union loan account and may make withdrawals in person, by mail, or at an ATM. However, we may refuse or reverse a transfer that exceeds these limitations and may assess fees against, suspend or close your account.

13. Investment Certificate Accounts
Any time deposit, term share, share certificate, or investment certificate account allowed by state law (Certificate Account), whichever we offer, is subject to the terms of this Agreement, the Rate and Fee Schedule and Account Deposit Receipt for each account the terms of which are incorporated herein by reference.

14. Checking Accounts
These accounts consist of a transaction sub account and a savings sub account. Funds not routinely needed to pay debits may be transferred to a savings sub account. We may periodically transfer funds between these two accounts. If your account is dividend bearing,your dividend, your dividend calculation will remain the same. Otherwise, the savings sub account will be non-divided bearing. The savings sub account will be governed by the rules governing our other savings account indicated within this Agreement. This process will not affect your available balance, the dividends you may earn, NCUA protection insurance, your monthly statement, or any other features of these accounts.

15. Overdrafts
A. Overdraft Liability. If on any day, the funds in your account are not sufficient to cover checks, fees or other items posted to your account, those amounts will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The Credit Union’s determination of an insufficient account balance may be made at any time between presentation and the Credit Union’s 6:00 p.m. MST deadline with only one review of the account required. We do not have to notify you if your account does not have funds to cover checks, fees or other posted items. Whether the item is paid or returned, your account may be subject to a charge as set forth in the Rate and Fee Schedule. Except as otherwise agreed in writing, we, by covering one or any overdraft, do not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay a check or impose a fee that would otherwise overdraw your account, you agree to pay the overdrawn amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits.

B. Overdraft Protection Plan. If we have approved an overdraft protection plan for your account, we will honor checks drawn on insufficient funds by transferring funds from another account under this Agreement or a loan account, as you have directed,or as required under the Credit Union’s overdraft protection policy. The fee for overdraft transfers, if any, is set forth on the Rate and Fee Schedule. This Agreement governs all transfers, except those governed by agreements for loan accounts.

C. Overdraft Privilege Program. You may be eligible for our Overdraft Privilege Program (“Program”). This Program allows us to cover certain transactions on your checking account that exceed your available balance up to $750, which will include any and all related fees. Subject to the restrictions set forth below, eligible items will include checks, ACH pre-authorized debits, and online Bill Payment transactions. ATM withdrawals or transfers, debit card or point of sale transactions can be covered once you explicitly opt-in. Program coverage will specifically not apply to Telephone Banking or Online Banking telephonic or electronic transactions, any deficiency arising from the imposition of TruWest service charges, or when account or member eligibility is in question. This list is not all-inclusive and additional standard exclusions may be adopted by the Credit Union at any time. If approved for this Program, an item or transaction presented against insufficient available funds may be paid by us and a fee will be imposed. You will be charge a fee as set forth in our Truth-in-Savings Disclosures. This Program is not a line of credit, and a deposit to cover the item(s) paid and related fees will be immediately due the Credit Union.Any deposit made will be applied to any overdrawn balance first.

Member eligibility and service continuance requirements for this non-contractual member program, and the dollar limits assigned, are completely discretionary. At any time, the Credit Union may revise the Program and eligibility requirements, and increase,decrease or terminate the limit established without advance notice to you. However, general eligibility requirements are as follows: (a) you are a member in good standing; (b) checking account opened and properly maintained; (c) at least one joint signer must be 18 years of age or older; (d) no legal or administrative orders, levies or restraints on the account; (e) the account is not maintained on behalf of a deceased member or his/her estate; (f) you continue to deposit funds and maintain your account in an acceptable manner; (g) your checking account is not consistently overdrawn; (h) you maintain a positive balance at least once every thirty (30) days; (i) you are not delinquent on any loan(s) with the Credit Union, either currently existing or written off in the past and not recovered; (j) you are not a party to any bankruptcy proceeding; (k) you have no derogatory information reported under your name or taxpayer identification number by consumer reporting agency, as may be periodically verified; and(l)there is no apparent improper, suspicious or abusive activity on the account. Continued utilization of this service will constitute acceptance of any changes made to the Program by the Credit Union, unless specific notice is required by law.

If approved for this Program, eligible members desiring an additional Overdraft Protection Plan may also utilize one other overdraft plan. If another Overdraft Protection Plan is in place, the Overdraft Privilege Program will only be used after your overdraft protection plan coverage has been exceeded or become unavailable, as applicable.

We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. The Overdraft Privilege Program does not constitute an actual or implied agreement between you and the Credit Union, nor does it constitute an actual or implied obligation of or by the Credit Union. This Program is a purely discretionary courtesy or privilege that the Credit Union may provide from time to time and withdraw at will. We will not be liable for damages, including, but not limited to, consequential damages, for checks we return unpaid. Checks will be returned to the presenting bank when your Program limit is depleted.

If you have been notified that this Program will apply to your account and you do not wish to utilize it, you may at any time withdraw from the Program by notifying the Credit Union. Please request and complete an opt-out form available at any branch office,or telephone us to request a form be mailed or emailed to you.

16. Postdated and Stale dated Checks
We may pay any check without regard to its date unless you notify us of a postdating. The notice must be given to us in time so that we can notify our employees and reasonably act upon the notice and must accurately describe the check, including the exact number, date,and amount. You understand that the exact information is necessary for the Credit Union’s computer to identify the check. We are not responsible if you give us an incorrect or incomplete description, or untimely notice. You may make an oral notice which lapses in fourteen (14) calendar days unless confirmed in writing. A written notice is effective for six (6) months and may be renewed in writing from time to time. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check drawn on your account which is presented more than six (6) months past its date.

17. Stop Payment Orders
A. Stop Payment Order Request. You may request a stop payment order on any check drawn on your account. To be binding an order must be dated, signed, and describe the account and check number and the exact amount. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, number of the check, and its exact amount. You understand that the exact information is necessary for the Credit Union’s computer to identify the check. If you give us incorrect or incomplete information, we will not be responsible for failing to stop payment on the check. If the stop payment order is not received in time for us to act upon the order, we will not be liable to you or to any other party for payment of the check. If we recredit your account after paying a check over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the check and to assist us in any legal action.

B. Duration of Order. You may make an oral stop payment order which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months and may be renewed in writing from time to time. We do not have to notify you when a stop payment order expires.

C. Liability. Fees for stop payment orders are set forth on the Rate and Fee Schedule. You may not stop payment on any certified check, cashier’s check, teller’s check, or any other check, or payment guaranteed by us. Although payment of an item may be stopped,you may remain liable to any item holder, including us. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney’s fees, damages or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or indorsee in failing to stop payment of an item as a result of incorrect information provided by you.

18. Credit Union Liability
If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains insufficient funds for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution’s negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We exercise ordinary care if our actions or nonactions are consistent with applicable state law, federal reserve regulations and operating letters, clearing house rules, and general banking practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between what you or our employees may say or write will be resolved by reference to this Agreement.

19. Credit Union Lien and Security Interest
If you owe us money as a borrower, guarantor, endorser or otherwise, we have a statutory lien on the account funds in any account in which you have an ownership interest, regardless of the source of the funds, unless prohibited by law. When you fail to repay money you owe us, we may apply these funds, without further notice to you, in any order to pay off your indebtedness. By not enforcing a lien, we do not waive our right to enforce it later. In addition, you grant the Credit Union a consensual security interest in your accounts and we may use the funds from your accounts to pay any debt or amount now or hereafter owed the Credit Union, except for obligations secured by your principal residence, unless prohibited by applicable law. All accounts are nonassignable and nontransferable to third parties.

20. Legal Process
If any legal action is brought against your account, we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest.

21. Account Information
Upon request, we will give you the name and address of each agency from which we obtain a credit report regarding your account. We agree not to disclose account information to third parties except: (1) when it is necessary to complete a transaction; (2) when the third party seeks to verify the existence or condition of your account in accordance with applicable law; (3) when such disclosure complies with the law or a government agency or court order; (4) as disclosed in our Notice of Your Financial Privacy Rights; or (5) when you give us written permission.

22. Notices
A. Name or Address Changes. You are responsible for notifying us of any address or name change. The Credit Union is only required to attempt to communicate with you at the most recent address you have provided to us. A notice of change in address and name must be provided to us in writing. We reserve the right to require other notices from you be provided in writing. If we attempt to locate you, we may impose a service fee as set forth on the Rate and Fee Schedule.

B. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement. We will notify you of any changes in terms, rates, or fees as required by law. We reserve the right to waive any term in this Agreement. Any such waiver shall not affect our right to future enforcement.

C. Effect of Notice. Any written notice you give us is effective when we receive it. Any written notice we give to you is effective when it is provided or deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Notice to any account owner is considered notice to all account owners.

23. Taxpayer Identification Numbers and Backup Withholding.
Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments. If you fail to provide your TIN, we may suspend opening your account, or, if applicable, we may close your account.

24. Statements.
A. Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided,you agree that only one statement is necessary for a joint account. For checking accounts, you understand and agree that your original check, when paid, becomes property of the Credit Union and may not be returned to you, but copies may be retained by us or payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are provided or mailed to you. You also understand and agree that checks or copies there of are made available to you on the date the statement is provided or mailed to you, even if the checks do not accompany the statement.

B. Examination. You are responsible for examining each statement and reporting any irregularities to us. We will not be responsible for any forged, altered, unauthorized or unsigned items drawn on your account if: (1) you fail to notify us (regarding any forgery,alteration or unauthorized signature on any item) within thirty (30) days of the date we mailed or provided the earliest statement on which such item is described; or (2) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.

C. Notice to Credit Union. You agree that the Credit Union’s retention of checks does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charge to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement you agree to notify us within fourteen (14) days of the time you regularly receive a statement.

25. Inactive Accounts
If your account falls below any applicable minimum balance and/or you have not made any transactions over a period specified in the Rate and Fee Schedule during which we have been unable to contact you by regular mail, we may classify your account as inactive or dormant. Unless prohibited by applicable law, we may charge a service fee set forth on the Rate and Fee Schedule for processing your inactive account. If we impose a fee, we will notify you, as required by law, at your last known address. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allowed by law, we reserve the right to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with you within the period specified by state law, the account will be presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with state law. Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency.

26. Special Account Instructions
You may request that we facilitate certain trust, will, or court-ordered account arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust,will, or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or provide us with other protection. Account changes requested by you, or any account owner, such as adding or closing an account or service, must be evidenced by a signed Account Change form and accepted by us.

27. Termination of Account
We may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if: (1) there is a change in owners or authorized signers; (2) there has been a forgery or fraud reported or committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any checks are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any misrepresentation or any other abuse of any of your accounts; or (7) we reasonably deem it necessary to prevent a loss to us. A member‘s share savings account can only be closed by the primary owner. To terminate another account(s), you must provide written notice to the Credit Union. Drawing an account balance to zero (by check or other withdrawal) does not constitute written notice. We reserve the right to require the consent of all owners to terminate a joint account. We are not responsible for payment of any check, withdrawal, or other item after your account is terminated, however, if we pay an item after termination, you agree to reimburse us.

28. Termination of Membership
A member may terminate membership by giving us notice. You may be denied services or expelled for any reason allowed by applicable law, including causing a loss to the Credit Union.

29. Death of Account Owner
We may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of a member’s death. Once we are notified of a member’s death, we may pay checks or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days after that date unless we receive instructions from any person claiming an interest in the account to stop payment on the checks or other items. We may require anyone claiming a deceased owner’s account funds to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of any account owner.

30. Severability
If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

31. Enforcement
You are liable to us for any loss, cost or expense we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.

32. Governing Law
This Agreement is governed by the Credit Union’s Bylaws, federal laws and regulations, the laws, including applicable principles of contract law, and regulations of the state in which the Credit Union’s main office is located, and local clearing house rules, as amended from time to time. As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Credit Union is located.

ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE

This Electronic Funds Transfer Agreement covers your and our rights and responsibilities concerning the electronic funds transfer (“EFT”) services offered to you by TruWest Credit Union (“Credit Union”). Electronic funds transfers are electronically initiated transfers of money from your account through the electronic funds transfer services described below.

1. EFT Services
If approved, you may conduct any one or more of the EFT services offered by the Credit Union.

A. ATM Cash Card. If approved, you may use your Card and PIN (Personal Identification Number) in automated teller machines of the Credit Union, Cirrus, STAR, Visa, Pulse, CO-OP, Pulse networks, and such other machines or facilities as the Credit Union may designate. At the present time, you may use your Card to:

  • Make deposits to your share savings and checking accounts.
  • Obtain balance information for your share savings and checking accounts.
  • Make certain loan payments from your share savings and checking accounts.
  • Some functions may be limited at non-proprietary ATMs.
  • Access your Personal Line of Credit account.
  • Transfer funds from your share savings and checking accounts.
  • Withdraw funds from your share savings and checking accounts.

The following limitations on the frequency and amount of ATM transactions may apply:

  • For security purposes, there are other limits on the frequency and amount of transfers available at ATMs.
  • See Section 2 for transfer limitations that may apply to these transactions.
  • You may transfer up to the available balance in your accounts at the time of the transfer.
  • You may make withdrawals up to a maximum of $500.00 or fifteen (15) transactions per day, whichever is first.

Because of the servicing schedule and processing time required in ATM operations, there may be a delay between the time a deposit (either cash or check) is made and when it will be available for withdrawal.

B. Visa® Debit Card. You may use your Card to purchase goods and services from participating merchants. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. You agree that you will not use your Card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your Card purchases will be deducted from your checking account. If the balance in your account is not sufficient to pay the transaction amount, the Credit Union will pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your Account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your Card and PIN (Personal Identification Number) in automated teller machines of the Credit Union, Cirrus, STAR, Plus, Pulse, CO-OP, Pulse networks, and such other machines or facilities as the Credit Union may designate. At the present time, you may also use your Card to:

  • Make deposits to your share savings and checking accounts.
  • Transfer funds from your share savings and checking accounts.
  • Obtain balance information for your share savings and checking accounts.
  • Make certain loan payments from your share savings and checking accounts.
  • Access your Personal Line of Credit account.
  • Make POS (Point-of-Sale) transactions with your Card and PIN (Personal Identification Number) to purchase goods or services at merchants that accept Visa.
  • Order goods or services by mail, Internet or telephone from places that accept Visa.
  • Some functions may be limited at non-proprietary ATMs; features may be limited to POS only, according to merchant.
  • Withdraw funds from your share savings and checking accounts.

The following limitations on the frequency and amount of Visa Debit Card transactions may apply:

  • You may transfer up to the available balance in your accounts at the time of the transfer.
  • See Section 2 for transfer limitations that may apply to these transactions.
  • You may make withdrawals up to a maximum of $500.00 or fifteen (15) transactions per day, whichever is first.
  • If you incur a charge in a currency other than U.S. dollars, the charge will be converted into the US dollar amount. The currency conversion rate used to determine the transaction amount in US dollars is either: 1) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date; or 2) the government-mandated rate in effect for the applicable central processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. Transactions in certain countries may be blocked and will require a manual or verbal authorization for approval. Please check with us prior to departure to determine if your destination country is affected. However, the right to deny such transactions is within our sole discretion and affected countries may change at any time.

C. Telephone Banking. A separate Access Code will be assigned to you for Telephone Banking. You must use your Access Code along with your member number to access your accounts. At the present time you may use Telephone Banking to:

  • Withdraw funds from your share savings, checking, money market accounts and personal credit lines.
  • Transfer funds from your share savings, checking, money market accounts and personal credit lines.
  • Obtain balance information for your share savings, checking, money market, investment certificate accounts, mortgage, consumer loans and Visa credit card.
  • Make loan payments from your share savings, checking and money market accounts.
  • Determine if a particular item has cleared.
  • Obtain tax information on amounts earned on share savings, checking, money market and investment certificates accounts or interest paid on loan accounts.
  • Verify the last date and amount of your payroll deposit.
  • Place Stop Payment.
  • Request a check from your account to be mailed to your home.

Your accounts can be accessed through Telephone Banking via a touch tone telephone only. Telephone Banking service will be available for your convenience twenty-four (24) hours per day. This service may be interrupted for a short time each day for data processing. The following limitations on Telephone Banking transactions may apply:

  • There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one day.
  • See Section 2 for transfer limitations that may apply to these transactions.
  • Maximum withdrawal amount for check by mail is $10,000.00.

The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each telephone call.

D. Preauthorized EFTs.

  • Direct Deposit. Upon instruction of (i) your employer or (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or of federal recurring payments, such as Social Security, to your share, savings, checking and money market account.
  • Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from certain share, savings, checking, and money market accounts.
  • See Section 2 for transfer limitations that may apply to these transactions.
  • Stop Payment Rights. If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made.
  • Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (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.
  • Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages, to the extent provided by law.

E. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check, you may authorize your check to be converted to an electronic fund transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic funds transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.

F. Online Banking. If we approve Online Banking for your accounts, a separate password will be assigned to you. You must use your User ID along with your password to access your accounts. At the present time, you may use Online Banking to:

  • Withdraw funds from your share, savings, checking and money market accounts.
  • Transfer funds from your share, savings, checking and money market accounts.
  • Obtain balance information for your share, savings, checking, money market and investment certificate accounts.
  • Access your line(s) of credit and VISA account.
  • Determine if a particular item has cleared.
  • Obtain tax information on amounts earned on share, savings, checking, money market and investment certificate accounts or interest paid on loan accounts.
  • Verify the last date and amount of your payroll deposit.
  • Obtain negotiated check images.

Your accounts can be accessed under Online Banking via personal computer. Online Banking will be available for your convenience twenty-four (24) hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access. The following limitations on Online Banking transactions may apply:

  • There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one day.
  • See Section 2 for transfer limitations that may apply to these transactions.
  • Additional information and limitations, including cut-off times, are set forth within the Credit Union’s Service Agreement for Online Banking Services and related user instructions. These materials will be available to you online at the time you request services.

G. Bill Payment. If we approve Bill Payment services for your account, you may pay your bills electronically, and have your recurring bills paid automatically. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete.

We will withdraw the designated funds from your checking account for bill payment transfer by the designated cut-off time on the date you schedule for payment. We will process your bill payment transfer within a designated number of days before the date you are scheduled for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.

• There is no limit on the number of bill payments per day. However, you may not use Bill Payment services to (a) pay taxes or make other payments to governmental agencies, (b) pay court-directed alimony or support or (c) make payments to payees outside of the United States or U.S. territory.

• Additional information and limitations, including cut-off times and vendor information are set forth within the Credit Union’s Service Agreement for Online Banking Services and related user instructions. These materials will be available to you online at the time you request services.

The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access.

2. Transfer Limitations 
For all share, savings, Christmas Club and money market accounts, no more than six (6) preauthorized, automatic, telephone, or Internet transfers and withdrawals may be made from each account to another account of yours or to a third party in any month,and no more than three (3) of these six (6) may be made by check, or access card to a third party. If you exceed these limitations, your account may be subject to a fee or be closed.

3. Conditions of EFT Services 
A. Ownership of Cards. Any Card or other device which we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the Card, immediately according to instructions. The Card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer your Card or account to another person.

B. Honoring the Card. Neither we nor merchants authorized to honor the Card will be responsible for the failure or refusal to honor the Card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.

C. Foreign Transactions. If you effect a transaction with your Visa debit card in a currency other than U.S. dollars, Visa International Incorporated will convert the charge into a U.S. dollar amount. Visa International will use its currency conversion procedure, which is disclosed to institutions that issue Visa cards. Currently the currency conversion rate used by Visa International to determine the transaction amount in U.S. dollars for such transactions is generally either a government mandated rate or a wholesale rate determined by Visa International for the processing cycle in which the transaction is processed, increased by one percentage point. The currency conversion rate used by Visa International on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.

D. Security of Access Code. You may use one or more access codes with your electronic funds transfers. The access codes issued to you are for your security purposes. Any codes issued to you are confidential and should not be disclosed to third parties or recorded on or with the Card. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your EFT services immediately.

E. Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or from any share, savings, checking, money market, or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may, and hereby is authorized by every other joint account owner to, make any transaction permitted under this Agreement. Each joint account owner is authorized to act for the other account owners, and the Credit Union may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.

4. Fees and Charges 
There are certain fees and charges for electronic funds transfer services. For a current listing of all applicable fees, see our current fee disclosure document that was provided to you at the time you applied for or requested these electronic services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law.

If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.

5. Member Liability 
You are responsible for all transactions you authorize using your EFT services under this Agreement. If you permit someone else to use an EFT service, your Card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, TELL US AT ONCE if you believe your Card and/or access code has been lost or stolen or if you believe someone has used your Card or access code or otherwise accessed your accounts without your permission. Or, if you believe that an electronic fund transfer has been made without your permission, using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft protection plans).

You are not liable for an unauthorized Visa debit card transaction that was not conducted at an ATM if you can demonstrate that you exercised reasonable care in protecting your Card from loss or theft, you have not reported two or more incidents of unauthorized use in the past twelve (12) months, and your account is in good standing. Otherwise your liability for an unauthorized Visa debit card transaction that was not conducted at an ATM will be no more than $50.

For all other EFT transactions involving access devices, including transactions conducted at ATMs, your liability for unauthorized transactions is determined as follows:

  • If you tell us within two (2) business days, you can lose no more than $50 if someone used your Card or code without your permission.
  • If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or code, and we can prove that we could have stopped someone from using your Card or code without your permission if you had told us, you could lose as much as $500.00.

Also, if your statement shows transfers that you did not make, including those made by card, code, or other means tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time.

If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe your Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:
(480) 441-5900 in AZ
(512) 996-4000 in TX
1(855) 878-9378 toll free 

or write to:
TruWest Credit Union, Attn: Member Services
PO Box 3489
Scottsdale, AZ 85271 

You should also call the number or write the address listed above, if you believe a transfer has been made using the information from your check without your permission.

6. Right to Receive Documentation 
A. Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, Debit Card transactions, audio response transactions, preauthorized EFTs, electronic/PC transactions or bill payments you make will be recorded on your periodic statement. You will receive a statement monthly unless there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.

B. Terminal Receipt. You will get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM, POS terminal, or Debit Card transaction with a participating merchant.

C. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling (480) 441-5900 in AZ, (512) 996-4000 in TX or 1(855) 878-9378 toll free. This does not apply to transactions occurring outside the United States.

7. Account Information Disclosure 
We will disclose information to third parties about your account or the transfers you make:

  • As necessary to complete transfers;
  • To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit bureau or merchant;
  • If your account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);
  • To comply with government agency or court orders;
  • As disclosed in our Notice of Your Financial Privacy Rights Policy; or
  • If you give us your written permission.

8. Business Days 
Our business days are Monday through Friday, excluding holidays.

9. Credit Union Liability for Failure to Make Transfers 
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 may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

  • If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit.
  • If you used your Card or access code in an incorrect manner.
  • If the ATM where you are making the transfer does not have enough cash.
  • If the ATM was not working properly and you knew about the problem when you started the transaction.
  • If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
  • If the money in your account is subject to legal process or other claim.
  • If funds in your account are pledged as collateral or frozen because of a delinquent loan.
  • If the error was caused by a system of any participating ATM network.
  • If the electronic transfer is not completed as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers.
  • If the telephone or computer equipment you use to conduct audio response or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
  • If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.
  • Any other exceptions as established by the Credit Union.

10. Notices 
All notices from us will be effective when we have mailed them or delivered them to your last known address in the Credit Union’s records. Notices from you will be effective when received by the Credit Union at the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail a notice to you at least twenty-one (21) days before the effective date of any change. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

The following information is a list of safety precautions regarding the use of Automated Teller Machines (ATM) and Night Deposit Facilities.

  • Be aware of your surroundings, particularly at night.
  • Consider having someone accompany you when the ATM or night deposit facility is used after dark.
  • Close the entry door of any ATM facility equipped with a door.
  • If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction. If it is after the regular hours of the financial institution and you are using an ATM, do not permit entrance to any person you do not know.
  • Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. Count the cash later in the safety of your car or home.
  • If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your Card or deposit envelope, and leave.
  • If you are followed after making a transaction, go to the nearest public area where people are located.
  • DO NOT write your personal identification number or code on your ATM Card.
  • Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police from the nearest available public telephone.

11. Billing Errors 
In case of errors or questions about electronic funds transfers from your share, savings, checking and money market accounts, or if you need information about a transfer on the statement or receipt telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem appears.

Call us at:
(480) 441-5900 in AZ
(512) 996-4000 in TX
1(855) 878-9378 toll free 

or write to:
TruWest Credit Union, Attn: Member Services
PO Box 3489
Scottsdale, AZ 85271 

  • Tell us your name and account number.
  • Describe the electronic transfer you are unsure about, and explain as clearly as you can why you believe the Credit Union has made an error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (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 forty-five (45)** days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (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 ten (10) business days, we may not credit your account.

We will tell you the results within three (3) business days of 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 you give notice of an error within thirty (30) days after you make the first deposit to your account, we will have twenty (20) business days instead of ten (10) business days.
** If you give notice of an error within thirty (30) days after you make the first deposit to your account, notice of an error involving a point of sale transaction, or notice of an error involving a transaction initiated outside the U.S. its possessions and territories, we will have ninety (90) days instead of forty-five (45) days to investigate.

12. Termination of EFT Services 
You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your Card and any access code. You must return all Cards to the Credit Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your Card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any EFTs made prior to termination.

13. Governing Law 
This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of Arizona and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.

14. Enforcement 
You are liable to us for any loss, cost or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.

FUNDS AVAILABILITY POLICY

This disclosure describes your ability to withdraw funds at TruWest Credit Union. It only applies to the availability of funds in transaction accounts. The Credit Union reserves the right to delay the availability of funds deposited to accounts that are not transaction accounts for periods longer than those disclosed in this policy. Please ask us if you have a question about which accounts are affected by this policy.

1. General Policy 
Our policy is to make funds from your cash and check deposits available to you on the next business day after we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 6:00 p.m. within our facilities or through our ATM on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 6:00 p.m. through our ATM or after 8:30 a.m. in the night depository, or on a day we are not open, we will consider that the deposit was made on the next business day we are open.

2. Reservation of Right to Hold 
In some cases, we will not make all of the funds that you deposit by check available to you on the next business day after we receive your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. However, the first $200.00 of your deposit will be available on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the next business day,we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the next business day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

3. Longer Delays May Apply 
We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,000 on any one day.
  • You deposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six (6) months.
  • There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

4. Special Rules for New Accounts 
If you are a new member, deposited funds may also not be immediately available during the first 30 days your account is open. Depending on the type of check that you deposit, funds may not be available until the fifteen business day of your deposit.However,the first $200.00 of your deposit will be available on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the next business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the next business day after we receive your deposit.

5. Deposits at ATMs 
Funds from any check deposits made at automated teller machines (ATMs) will not be available until the second business day after the date of your deposit.

6. Shared Branching Deposits 
Deposits made at CU Service Centers (Shared Branching) may be delayed; however, the first $200 from any deposit will be available by the first business day after the day of your deposit. The remaining funds will be available by the second or seventh business day after the day of your deposit. Please see section 2 and 3 on this page. CU Service Centers are following our policy in placing these holds, and can inform you whether a hold has been placed.

7. Foreign Checks 
Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn.

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