MEMBERSHIP
AGREEMENT
TABLE OF CONTENTS
Topic
Page #
Membership and Account Agreement.................................................. 1
Criminal/Investigations...........................................................................3
Cross-Collateralization.............................................................................3
Deposits and Withdrawals..................................................................... 4
Regulation D..............................................................................................5
Funds Availability.....................................................................................5
Electronic Funds.......................................................................................5
Account Access.......................................................................................13
Account Rates and Fees........................................................................16
Statements..............................................................................................19
Inactive/Dormant Accounts.................................................................20
Other Types of Accounts.................................................................21-24
Account Changes................................................................................... 25
Identity Verification............................................................................... 25
Foreign Status........................................................................................ 25
Business Days.........................................................................................26
ACH & Wire Transfers............................................................................26
Elder Abuse.............................................................................................27
E-Consent...............................................................................................30
Debit Card............................................................................................... 32
IMPORTANT NOTICE
The documents contained in this booklet are your permanent copies
of Coca-Cola Federal Credit Union’s agreements and disclosures.
Please keep them for your records. The table of contents above is
provided for easy reference.
1
MEMBERSHIP, ACCOUNT
AND ACCOUNT SERVICES AGREEMENT
1.
Terms, Conditions and Limitations of Your Relationship with
the Credit Union
. The purpose of this Section is to state the terms
and conditions that apply to all of your accounts, services or other
relationships with us, including without limitation to loans, safe
deposit and other services with us. To the extent that any other
Section of this Booklet, any loan document, or any other agreement
specifically provides terms or conditions that vary from these terms,
then the terms or conditions of those other Sections or agreements
will govern your relationship with us.
2.
General Definitions.
In this booklet the words “
you
” or “
your(s)
”
mean everyone that signs an Account Card or is authorized to make
transactions regarding your account(s) as provided herein or by
governing law, including any account service(s). “
We,
” “
us,
” or “
our
”
means the Credit Union.
“Account Card”
means any signature card, account change card
or other form required to open or change an account or obtain
an account service with us. Checking include checks and other
instruments drawn on your account(s) or submitted for deposit or
collection.
“Share(s)”
for the purpose of your pledge to secure your obligations
to the Credit Union and otherwise, refer to all deposits “
share(s)
”
mean all deposits in any savings, checking, club, certificate,
P.O.D., revocable trust or custodial account(s), whether jointly or
individually held-regardless of contributions, that you have on
deposit now or in the future, all of which are deemed “general
deposits,” for the purpose of your pledge. Your pledge does not
include any I.R.A., Keough, tax escrow, irrevocable trust or fiduciary
account in which you do not have a vested ownership interest.
“Access Device”
means any card, electronic access device and/
or any codes, passwords or personal identification numbers (PINs)
that we issue to allow you to access and/or use any account or
other services. With regard to on-line or internet transactions, an
access device shall also include any computer, smart phone or other
hardware used to make or process a transaction.
“Authorized User”
means any person who has actual, implied or
apparent authority, or who any owner has given any information, access
device or documentation that enables a person to access, withdraw,
make transactions to or from your accounts, or to use any of your
accounts and services. This definition is intended to be construed broadly
and includes without limitation all users acting under a written document
such as a power of attorney as well as any person or entity that is
authorized to make deposits or debits to or from your accounts with us.
“Check”
means an acceptable written “instrument” on your
account(s) and includes the term “checking.”
“Instrument”
means a written order as defined by Articles 3 and 4
of the Georgia Uniform Commercial Code.
“Member”
means the person(s) who have a present ownership interest in
the sums on deposit in the multiple party (joint) accounts with the Credit
Union, subject to the Credit Union’s lien rights or any security interest.
A person is not an “owner” unless specifically designated as such in a
completed and signed Membership Application and Signature Card.
2
“Owner”
means the person who has present ownership interest in
the sums of deposit in the multiple party (joint) accounts with the
Credit Union, subject to the Credit Union’s lien rights or any security
interest. A person is not an “owner” unless specifically designated as
such in a completed and signed Membership Agreement Application.
The “Owner”
is the first person listed on the account. The owner
is also known as the primary on an account. Any additional person
listed on an account is known as the secondary person on an
account. Only the primary person listed first on an account has the
authority to close an account or terminate services associated with
their account.
Example: Assume you have a Credit Union account and then you get
married and want to include your spouse as a joint on your account.
In this instance, you would be the primary and owner of the account
and your spouse would be the joint and secondary account holder on
the account.
“Transaction”
means any deposit, order, transfer, payment,
withdrawal or other instruction relating to any account or account
service provided by the Credit Union.
3.
Your Agreement with the Credit Union.
All accounts and account
services are governed by the terms and conditions in this Booklet
and the Schedule; your Account Card(s), account receipts, and
certificates; any other application or agreement we require; together
with the Credit Union’s Bylaws, policies and procedures, which are
herein collectively referred to as “Agreement.” This Membership
and Account Agreement and all other agreements, disclosures,
statements, notices and any amendments or revisions may be
provided in this booklet or other agreement(s). Your Agreement
may be amended or revised by us at any time, and any change in
the Agreement shall be effective at the earliest time allowed by
law. This Agreement is binding upon all parties hereto and their
heirs, successor, assigns and any other person claiming any right or
interest under or through said parties. You warrant and agree that
you will not use Credit Union accounts or services, including but
not limited to loans, to make or facilitate any illegal transaction(s)
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(s). You further agree to indemnify and
hold the Credit Union harmless from any suits, liability, damages or
adverse action of any kind that results directly or indirectly from such
illegal use.
Adjustment.
An adjustment is an automatic or manual transaction
completed by the Credit Union on behalf of a member account. Most
adjustment done by the Credit Union will appear under the code
BO which stands for back office adjustment. Adjustments fall into
three categories of Off Line Transaction Adjustment, Return Item
Adjustment and Standard Adjustment.
“Offline Transaction Adjustment”
An offline transaction is a
transaction that is conducted for the member when the Credit
Union host system is down and the Credit Union is unable to
process the transaction. The Credit Union manually writes a receipt
of the transaction conducted and completes the settlement of the
transaction at a later date.
3
“A Return Item Adjustment”
In the instance that a member account
has an item presented for deposit and is later returned, a return item
adjustment must occur in order to properly reconcile the item that
has a returned to the member account.
“A Standard Adjustment”
A standard adjustment are adjustments
that are not an offline or return item transactions done by the Credit
Union to properly credit or debit an account for settlement purposes.
Posting a dividend payment is an example of a standard adjustment.
4.
Membership Eligibility and Future Services.
To open or maintain
any account services with us, you must first qualify for membership
and deposit and maintain one par value of the required share as
provided by the Credit Union’s Bylaws and Charter. One Par Value
is $10.00. This means to be a member in good standing, you must
maintain at all times $10.00 in your designated savings account. Par
Value can be held in a Health Savings account.
This account is a non-transactional account and serves as evidence
of your membership in the Credit Union. Should your account fall
below the required par value amount, your account will be subject
to suspension and termination of services. Furthermore, you risk
account closure and loss of membership.
You further authorize the Credit Union to check your accounts, credit,
employment history, references, to obtain reports from third parties,
as needed on a periodic basis including credit reporting agencies,
ChexSystems, and others sources in an effort to verify your eligibility
for the accounts and services requested.
5.
Membership Benefits and Obligations.
Upon approval of your
application and the deposit of any required shares, you become a
“member-owner” of this Credit Union. As a “member-owner” you
are eligible to apply for all Credit Union deposit, loan and other
financial services; and you may vote at all annual or special meetings
of the membership if you are 16 years of age or older. You have
an obligation to the Credit Union and all other member-owners to
follow the rules established from time to time for the use of these
services, and not to cause the Credit Union any loss.
6.
Criminal/Investigations
Credit Union’s Right to Investigate.
It is agreed that it is critical to
the Credit Union and its members that the Credit Union have full
rights to investigate all transactions, methods and means of making
transactions to protect its members and the Credit Union. Therefore,
it is agreed that upon notification of any claim of error, unauthorized
transaction(s) or other notification related to or arising from any
transaction(s), methods or means of making transactions the Credit
Union shall have full rights of investigation to extend to all persons,
means and methods of making transactions. It is expressly agreed
that this shall specifically include the right to inspect and scan a
member’s or users access device(s); and to report the Credit Union’s
findings of such investigation to all owners and/or users.
7.
Cross-Collateralization.
To reduce the possibility of loss, members
grant to the Credit Union a lien on all shares and agree that all
collateral pledged to secure any loan obligation owed to us will also
secure payment of your other obligations. This pledge will secure all
obligations owed at the time of the pledge or which arise thereafter.
This “cross-collateralization” of your obligations applies to all debts,
including but not limited to each closed-end loan obligation, each
advance under any open-end loan plan, and all obligations under any
4
credit card agreement with us. Unless a contrary intent is evidenced
in writing, obligations secured by a primary residence are not
included in the “cross- collateralization” of your obligations to us.
8.
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 on the Rate and Fee Schedule.
a.
Endorsements. We may accept transfers, checks, drafts, and
other items for deposit into any of your accounts if 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 items 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, draft, we may
require endorsement as set forth on the item.
Endorsements must be made on the back of the checking or
check within 11/2 inches from the top edge, although we may
accept endorsements outside the space. However, any loss we
incur from a delay processing error resulting from an irregular
endorsement or other marking by you or any prior endorser will
be your responsibility.
b.
Collection of Items. We act only as your agency 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 correspondence lost in transit. Each
correspondence will only be liable for its own negligence.
c.
Final Payment. All items or Automated Cleaning 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 charges to your account. We reserve the right to refuse or return
any item or funds transferred.
d.
Direct Deposit. We may offer preauthorized deposits (e.g., payroll
checks, Social Security or retirement checks, or other government
checks) or preauthorized transfers from your 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 directly deposited into your account, we may deduct the
amount returned from any of your accounts unless prohibited by law.
e.
Crediting and Deposits. Deposits made after the deposit cutoff time
and deposits made on either holidays or days that are non-business
days will be credited to your account on the next business day.
f.
Return of Direct Deposits. If we are required to reimburse the Federal
Government for all or any portion of any benefit payments deposited
into your account through a direct deposit plan for any reason,
you agree that we may, without prior notice to you, deduct the
amount returned to the Federal Government from your account
5
or from any other account you have with us, unless the deduction
is prohibited by law. This right is in addition to any other rights
we have under this Agreement, including our right to set off and
our security interest in your account(s).
g.
Multiple Payees. Unless any check, checking or other instrument
expressly indicates that the item is payable to conjunctive
payees, the instrument shall be deemed payable in the
alternative. If there is any ambiguity, the instrument shall be
deemed payable in the alternative (example: a check payable
to “A or B;” A, B;” “A/B”, where “A and B are listed on separate
lines;” or otherwise, where not expressly conjunctive are payable
in the alternative).
9.
Regulation D
Regulation D of the Federal Reserve Bank controls
how credit unions define certain terms and conditions of deposit
accounts. The characteristics of accounts determine whether
accounts are transaction accounts and require the credit union to
maintain a reserve at the Federal Reserve Bank. In accordance with
the Regulation, for Primary Savings, Alumni, Member Option Club,
Premier, and Classic Money Market accounts, no more than six (6)
preauthorized, automatic, or telephone transfers may be made from
these accounts to another account of yours or to a third party in any
month.
To assist you with avoiding the excessive fee withdrawal and/or
account closure, we suggest that you:
1.
Apply for a Checking Line of Credit for overdraft protection or
2.
Have your direct deposit or payroll posted to your checking account
to avoid transfers from savings.
3.
Utilize Online Banking (home-banking) to monitor your account
more closely to reduce the number of automatic transfers from
savings.
10.
Funds availability
The first $250 from a check deposited into your
checking account will be available on the first business day after the
day of deposit.
All checks deposited into checking accounts will be available no later
than two business days after deposit.
For those checks subject to exception holds, funds will be available
no later than seven business days after deposit.
11.
ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE
This Electronic Funds Transfer Agreement is the contract which
covers your and our rights and responsibilities concerning the
electronic funds transfer (“EFT”) services offered to you by
Coca-Cola Credit Union (“Credit Union”). In this Agreement, the
words “you” and “yours” mean those who sign the application or
account card as applicant, joint owners, or any authorized users.
The words “we,” “us,” and “our” mean the Credit Union. The word
“account” means any one or more savings and primary savings,
checking accounts you have with the Credit Union. Electronic funds
transfers are electronically initiated transfers of money from your
account through the electronic funds transfer services described
below. By signing an application for EFT services, signing your Card,
or using any service, each of you, jointly and severally, agree to the
terms and Conditions in this Agreement and any amendments for
the EFT services offered.
6
11.1
EFT Services.
If approved, you may conduct any one or more of the EFT
services offered by the Credit Union:
a.
VISA Debit Card. You may use your Card to purchase goods
and services from participating merchants. 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 accounts 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 Accounts, 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 Networks, and such other machines or
facilities as the Credit Union may designate. At the present time,
you may also use your Card to:
•
Withdraw funds from your checking accounts.
•
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 or telephone from places that
accept VISA.
The following limitations on the frequency and amount of VISA Debit
Card transactions may apply:
•
Maximum number of VISA Debit Card purchases you may make
per day is 35.
•
Maximum limit of cash withdrawals you may make in any one day
from an ATM machine is 4.
•
Individual daily ATM debit card limit is established at the time of the
opening with a maximum of 400.00. Purchases has a maximum
daily limit of $3,500.00
b. Phone Banking. If we approve the Phone Banking service for your
accounts, a separate PIN (Personal Identification Number) will be
assigned to you. You must use your PIN (Personal Identification
Number) along with your account number to access your accounts.
At the present time you may use Phone Banking to:
•
Withdraw funds from your primary savings and checking accounts.
•
Transfer funds from your primary savings and checking accounts.
•
Obtain balance information for your primary savings and checking
accounts.
•
Make loan payments from your primary savings and checking accounts.
•
Access your Line of Credit account.
7
• Determine if a particular item has cleared.
• Verify the last date and amount of your payroll deposit.
Your accounts can be accessed under Phone Baking via a
touch tone telephone and/or computer. Phone 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. There is no limit to the number of inquiries,
transfers, or withdrawal requests you may make in any one
day.
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 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.
c. 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
primary savings or checking account.
• Preauthorized Debits. Upon instruction, we will pay certain
recurring transactions from your savings and checking account.
e.
Online Banking. If we approve the electronic/PC access service
to your accounts, a separate PIN will be assigned to you. You
must use your PIN along with your account number or User ID
to access your accounts. At the present time, you may use
Electronic access service to:
• Transfer funds from your primary savings and checking accounts.
• Make loan payments from your primary savings and checking
accounts.
• Access your Line of Credit account.
• Make bill payments to preauthorized creditors.
Your accounts can be accessed under the electronic/PC access
service via personal computer. Electronic 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. 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. All checks are payable
to you as the primary member and will be mailed to your address of
record. 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
8
may be limits on the duration of each access.
•
There is no limit to the number of inquiries you may make in any
one day.
d. E-Pay ( Bill Payments ). 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 authorized 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.
•
The maximum amount of bill payments each day is $100,000, if
there are sufficient funds in your account.
11.2
Transfer Limitations
•
Refer to Regulation D for limitations
11.3
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 the
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. VISA Purchases and cash withdrawals made
in foreign countries and foreign currencies will be debited from
your account in U.S. dollars. The conversion rate to dollars will be
determined in accordance with the operating regulations established
by VISA International. Currently, the currency conversion rate used to
determine the transaction amount is U.S. dollars is generally either a
government-mandated rate or the wholesale rate in effect the day
before the transaction processing date, increased by 1%. The currency
conversion rate used on the processing date may differ from the
rate that would have been used on the purchase date or cardholder
statement posting date.
d. Securit y 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
9
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 savings and primary savings, checking 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 owner.
11.4
Fees and Charges.
There are certain fees and charges for electronic
funds transfer services. From time to time, the charges may be
changed. We will notify you as required by applicable law.
If you use an ATM not owned by us, you may be charged a fee by
the ATM operator or any network used to complete the transfer (and
you may be charged a fee for a balance inquiry.) The fee will be
debited from your account if you elect to complete the transaction or
continue with the balance inquiry.
a.
VISA Debit Card Fees.
•
We do not charge for any ATM withdrawals at the present time.
•
We do not charge for any POS transactions at the present time.
•
Non-sufficient funds fee of $30.00.
b Preauthorized EFT Fees.
•
Non-sufficient funds fee of $30.00.
c.
Bill Pay Fees.
•
Do not charge any fees for Bill Pay.
d. eStatements.
•
Paper statement fee of $3.00 per statement cycle for
Online Banking users who do not sign up for eStatements.
11.5
Member Liability.
You are responsible for all EFT transactions you
authorize. 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.
Tell us AT ONCE if you believe your card has been lost or stolen or if
you believe someone has used your Card or access code or otherwise
accessed your accounts without your authority. Telephoning is the
best way of keeping your possible losses down. You could lose all the
money in your account (plus your maximum overdraft life of credit).
If a transaction was made with your Card or Card number without
your permission, and was either a VISA or other valid network, you
will have no liability for the transaction. Unless you were grossly
negligent in the handling of your account or card, your liability for
10
an unauthorized transaction 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 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, and we can prove we could have stopped
someone from using your Card 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, 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 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:
(800) 442-4757 or write to:
(For VISA Debit Card) Card Services
PO Box 815909
Dallas, TX 75381
11.6
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, online banking 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 (404) 676-2586.
This does not apply to transactions occurring outside the United States.
11.7
Account Information Disclosure.
We will disclose information to
third parties on your account or the transfers your 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;
•
To comply with government agency or court orders; or
•
If you give us your written permission.
11.8
Business Days.
Our business days are Monday through Friday,
excluding normal banking and federal holidays.
11.9
Credit Union Liability for Failure to Make Transfers.
If we do not
complete a transfer to or from your account on time for 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 is
11
necessary to complete the transaction are held as uncollected funds
or 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 online banking 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.
a.
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.
b. 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.
c.
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.
11.10
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.
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We will mail 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.
•
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.
•
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, 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
Debit Card.
•
Report all crimes to law enforcement officials immediately.
11.11
Billing errors.
In case of errors or questions about electronic funds
transfers from your savings and primary savings, checking accounts,
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 or which
the problem appears. Call us at:
(404) 676-2586 in Metro Atlanta
(877) 277-2586 outside Metro Atlanta
Fax: (404) 598-2586
or write to:
Coca-Cola Credit Union
PO Box 1734
Atlanta, GA 30301
•
Tell us your name and member 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)*
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business days or 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.
* 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 to investigate.
** 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 only forty-five (45) days to investigate.
NOTE: If the error you assert is an unauthorized VISA transaction,
other than a cash disbursement at an ATM, we will credit your
account within five (5) business days unless we determine that the
circumstances of your account history warrant a delay, in which case
you will receive credit within ten (10) business days.
11.12
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 the 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 authority that bill payment transfers have 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.
11.13
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 Georgia 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.
11.14
Enforcement.
In the event either party brings a legal action to
enforce the Agreement or collect any overdrawn funds on accounts
accessed under this Agreement, the prevailing party shall be entitled,
subject to applicable law, to payment by the other party of its
reasonable attorney’s fees and costs, including fees on any appeal,
bankruptcy proceedings, and any post judgment collection actions,
if applicable. If there is a lawsuit, you agree that it may be filed and
heard in the county and state in which the Credit Union is located, if
allowed by applicable law.
12.
Account Access
a.
Authorized Signature. Your signature on the Application for Share
Account 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 draft that appears to bear your
facsimile signature even if it was made by an authorized person. You
authorize us to honor transactions initiated by a third party to whom
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you have given your account number even if you do not authorize a
particular transaction.
b.
Honoring the Access Card. Neither the Credit Union nor merchants
authorized to honor the Access Card will be responsible for the
failure or refusal to honor the Access Card or any other device the
Credit Union supplies 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.
Access Options. You may withdraw or transfer funds from your
account(s) in any manner we permit (e.g., at an ATM machine, in
person, by mail, automatic transfer, or telephone, as applicable). We
may return as unpaid any draft drawn on a form we do not provide,
and you are responsible for any loss we incur handling such a draft.
We have the right to review and approve any form or power of
attorney and may restrict account withdrawals or transfers. We are
under no obligation to honor any power of attorney.
d.
Ownership of Access Card. Any Access Card or other device which
the Credit Union supplies to you is the Credit Union’s property and
must be returned to the Credit Union, or to any person whom the
Credit Union authorizes to act as the Credit Union’s agent, or to any
person who is authorized to honor the Access Card immediately
according to instructions. The Access Card may be repossessed,
revoked or terminated at any time at the Credit Union’s sole
discretion without demand or notice. You cannot transfer your
Access Card or Account to another person.
e.
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, either verbally or in writing, to third
parties, including Credit Union personnel, or recorded on or with
the Access 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 Code, that authority shall
continue until you specifically revoke such authority by notifying the
Credit Union. You understand that any multiple party account owner
can authorize the withdrawal or transfer of funds from any of your
accounts. If you fail to maintain the security of these access codes
and the Credit Union suffers a loss, the Credit Union may terminate
your EFT services immediately.
13.
Withdrawals From Your Account(s).
Generally, you may withdraw
funds from your account(s) at any time subject to the limitations
set forth in this section and the Funds Availability Disclosure in
effect at the time of the deposit. Except as otherwise specifically
provided in this Booklet or other written agreement(s) with us,
all withdrawals shall be made in person or by written order, duly
executed or by power of attorney upon a form acceptable to us and
duly authenticated.
a.
Restrictions on Withdrawals from All Accounts. In accordance with
applicable law, we reserve the right to require you to provide written
notice of any intended withdrawals from any account(s) of not less
than seven (7) days but not more than sixty (60) days before the
intended date of withdrawal.
Withdrawals will only be permitted if you have sufficient funds
available in your account to pay the full amount of your withdrawal
15
orders or you have an overdraft protection plan. If there are sufficient
funds to cover some but not all of your withdrawal orders, we may
permit those for which there are sufficient funds in any order we
choose. We may refuse to allow a withdrawal, and will advise when
required by applicable law if; for example: (1) there is a dispute
between account owners; (2) a legal garnishment, attachment or
levy is served on us; (3) the account(s) secures any obligation owed
to us; (4) any required documentation has not been provided to us;
or (5) you fail to pay a loan owed to us when due.
b.
Transaction Limitations for All Savings, Premier, Holiday Club, Classic
Money Market, Alumni Savings, IRA, and HSA Savings Accounts.
During any statement cycle, you may not make more than six(6)
withdrawals or transfers to another Credit Union account of yours or
to a third party by means of a preauthorized, automatic telephone
or audio response transfer or instruction. 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 ACH. Any minimum withdrawal requirements are set forth in
the Schedule.
If you exceed the transfer limitations set forth above in any
statement period, we may reverse or refuse to make the transfer, and
your account will be subject to closure by the Credit Union and a fee
as stated in the Schedule.
You may make an unlimited number of withdrawals from these
accounts in person, by mail, at an ATM. There is also no limit on the
number of transfers you may make to any loan account(s) which are
also incorporated herein by reference.
c.
Term Share Certificates. Any Term Share Certificate, Certificate or
Share Certificate Accounts offered by the Credit Union are subject
to the terms of this Agreement, the Schedule, and any account
receipt or certificate, which are incorporated herein by reference.
IRA certificate accounts are also subject to the limitations imposed
by federal law and regulations and to any limitations set forth in
your Credit Union IRA Agreement, the terms of which are also
incorporated herein by reference.
d.
Checking Accounts. The Credit Union may refuse any check or other
item drawn against your accounts or used to withdraw funds from
your account if it is not on a form approved by us. We also reserve the
right to refuse any check or other item drawn against your account or
used to withdraw funds from your account if made in a manner not
specifically authorized for your account, if made more frequently or
in a greater number than specifically permitted for your account, or
if made in an amount less than the minimum withdrawal or transfer
specifically permitted for your account. If we accept a check or other
item not on a form approved by us, you will be responsible for any
loss by us in handling the item. We may pay checks or other items
drawn upon your account in any order determined by us, even if
paying a particular check or item results in an insufficient balance in
your account to pay one or more other items that otherwise could
have been paid out of your account. Because of the nature of the
Credit Union check program, neither the Credit Union nor any other
processing entities shall be responsible for the authenticity of the
checks with regards to the signature or alterations; and checks, when
presented, shall be paid without verification. We may disregard all
information attached to any check or item except for your signature,
the amount and the information that is magnetically encoded. You
16
agree that we do not fail to use ordinary care because our procedures
do not provide for sight examination.
You agree to take precaution in safeguarding your blank checks. You
will notify us immediately if you learn or have reason to know that
any of your checks have been lost or stolen.
If you are negligent in safeguarding your checks, we will have
no liability or responsibility for any losses you incur as a result of
fraud or forgery if we pay any such check in good faith pursuant to
standard commercial practices.
e.
Telephone Transfers. A transfer of funds from one of your accounts
to another of your accounts at the Credit Union may be made by
telephonic instructions given by the same persons and under the same
conditions that a written transfer request could be made.
14.
Account Rates and Fees.
Our payment of dividends on your account(s) is
subject to the account rates, fees, compounding and crediting policies and
balance requirements set forth in the Schedule. We may transfer from any
of your account(s) any charges or costs in connection with the operation
and maintenance of account(s) as stated in this Agreement or transfers
and transactions made by any person to whom you provide authority
or the means to access your accounts or other services shall be deemed
authorized by you, and the Credit Union will not have any responsibility or
liability whatsoever for such withdrawals, transfers or other transactions.
Further, you and the person authorized (as defined herein) shall be jointly
and severally responsible to the Credit Union for all such access or use of
your accounts and services with us. The Credit Union will charge you a
$5.00 per month fee after twelve (12) months of account inactivity.
a.
Access to account information. You agree that all owners and
authorized users, will have access to information regarding
transactions on your accounts, including but not limited to deposits,
withdrawals, account balances, account history and other information
relating to or arising with regard to this account or any transaction.
15.
Powers of Attorney
. The Credit Union may allow a third person acting
as your attorney-in-fact to make transactions regarding your account(s),
pursuant to a Power of Attorney, but has no obligation to do so. You
agree that we have no obligation to verify the scope, authenticity, and
validity of any Power of Attorney presented to us. If we accept the
Power of Attorney, the Credit Union has no duty to inquire as to the
use or purpose of any transaction(s) by your attorney-in-fact, and may
restrict account access, withdrawals and transfers. Further, you agree
to reimburse the Credit Union for all costs and expenses, including
attorneys’ fees, we incur and agree to indemnify us for any loss we may
incur in accepting the use of Power of Attorney.
16.
Overdraft(s) and Overdraft Protection Plan Agreement.
An overdraft occurs when you make any transaction that exceeds
the balance in the account you access by check, electronically, or
otherwise. You agree not to cause an overdraft with us. However,
if for some reason you do cause an overdraft on your account, all
checking accounts may receive Automatic Overdraft.
The Automatic Overdraft program will automatically draw available
funds from your savings and/or overdraft line of credit account as
designated. The default overdraft account is the 01 Regular Shares
Savings account. Automatic Overdraft will not draw your Regular
Savings below the $10.00 minimum required balance. Money Market,
IRA, HSA, and Share Certificate accounts may not be used for
overdraft protection.
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The following electronic transactions are included: Online Banking
transfer, ATM transfer, Phone Banking Transfer, pre-authorized
electronic merchant debits from savings. After the six (6) free
transactions, your account will be charged an excessive withdrawal
fee according to the Credit Union’s Rate and Fee Schedule.
17.
Personal Check Stop Payment Requests.
A check means a draft
payable on demand and drawn on a bank. If you don’t want us to pay
your personal check, you can ask us to place a “Stop Payment Request”
(“SPR”) on the check. You can notify us by mail, telephone, electronically,
or in person. Any such instruction must be given to a teller, member
service representative or branch manager of the Credit Union. Your Stop
Payment Request will take effect when we record it on your account.
A Stop Payment Request will not be valid and binding on us
unless your Stop Payment Request includes your account number,
the number and date of the written instrument, the name(s) of
the payee(s), and the exact amount of the instrument. If this is a
multiple party account, we will accept a Stop Payment Request from
any owner regardless of who signed the instrument or otherwise
authorized the transaction. Only the person placing the Stop
Payment Request may release the Stop Payment Request.
We will charge you a service charge for any Stop Payment Request
as set forth in the Schedule, which sum may be transferred by us
from an owner’s account(s) or paid directly to the Credit Union.
If you give an oral Stop Payment Request that is not confirmed in
writing by you within fourteen (14) days, your Stop Payment Request
will expire and we may thereafter pay the instrument.
If you provide written confirmation, your Stop Payment Request will
be effective for a period of six (6) months.
The Credit Union will not be responsible for any loss as a result of
honoring a check: (1) more than fourteen (14) days after receipt
of your oral order to stop payment; (2) more than six (6) months
after your written order to stop payment; (3) through inadvertence,
oversight or accident, we honor any postdated check; or (4) if
you fail to provide us with complete or accurate information. We
have no obligation to accept any order to stop payment on any
certified check, cashier’s check, teller’s check or another instrument
guaranteed by us. You will be responsible to the Credit Union if
any claim or demand is made against us as a result of our acting in
accordance with your stop payment order.
This means that you are required to reimburse us for any loss or
damages and reasonable costs, expenses or attorneys’ fees that we
incur in defending the Credit Union against any claims or demands
made against us as a result of following your stop payment order.
You agree that any stop payment order received when you do not
have sufficient funds on deposit in your account to cover the item
on which you are requesting us to stop payment shall be subject to
a service charge for return of an insufficient funds item rather than
the service charge for a stop payment order. If available, any stop
payment order we receive by electronic mail or by similar means
shall be treated as an oral order.
“ACH Stop Payment Requests”
An Automated Clearing House
(ACH) item is when an authorization is received by an Originator to
debit your account for a specified amount of money on a specific
date one time or recur at substantially regular intervals; or your
18
eligible check provided to the Originator at the point of purchase
or at a manned bill-payment location for the payment of goods or
services, is later converted to ACH debit entry.
An ACH stop payment order is intended to stop the payment of one
ACH entry only, similar to a stop payment order placed on a check.
To stop all future ACH activity relating to a specific authorization,
you must revoke (i.e. cancel) the original authorization directly with
the Originator in the manner specified on the authorization. If you
are unable to resolve the issue with the Originator, you can ask us to
place a “Stop Payment Request” on the item.
You must notify us by mail, telephone, electronically, or in person
at least three (3) business days before the scheduled date of the
transfer to request a stop payment. Any such instruction must be
given to a teller, member service representative or branch manager
of the Credit Union. Your Stop Payment Request will take effect
when we record it on your account.
Your stop payment request will not be valid and binding on us
unless you complete and sign an ACH Stop Payment Form with your
information and the stop payment details. If this is a multiple party
account, we will accept a Stop Payment from any owner regardless
of who authorized the transaction. Only the person placing the Stop
Payment Request may release the Stop Payment Request.
We will charge you a service charge for any Stop Payment Request
as set forth in the Schedule, which sum may be transferred by us
from an owner’s account(s) or paid directly to the Credit Union.
If you give an oral Stop Payment Request that is not confirmed in
writing by you within fourteen (14) days, your Stop Payment Request
will expire and we may thereafter pay the item. The stop payment
order will remain in effect until the earlier of (1) your withdrawal of
the stop payment order, or (2) the return of the debit entry, or, if
you instruct us in writing, to stop all future payments (permanent
revocation of authority) pursuant to a specific authorization
involving a specific Originator.
You will be responsible to the Credit Union if any claim or demand is
made against us as a result of our acting in accordance with your stop
payment order. This means that you are required to reimburse us for any
loss or damages and reasonable costs, expenses or attorney’s fees that
we incur in defending the Credit Union against any claims or demands
made against us as a result of following your stop payment order.
18.
Stop Payment Liability.
The fee for a stop payment order is set forth
on the Rate and Fee Schedule. A member can only stop payment on
a check written from their check book or an ACH item approved by
the member. A Credit Union cashier’s check is considered guaranteed
funds and constitutes a direct obligation of the Credit Union to
pay the item regardless to any circumstance that should arise after
issuance. Therefore, stop payment orders are prohibited on the
Credit Union cashier’s check.
The only legitimate reason to approve a stop payment request on a
Credit Union cashier’s check is if the Credit Union believes the cashier’s
check has been altered or when the member has sworn by affidavit
that the cashier’s check has been lost or stolen. You are still liable to
any holder of the cashier check and to the Credit Union. You agree to
indemnify and hold the Credit Union harmless from all cost, including
attorney’s fees, damages or claims related to the stop payment order
and our refusing payment of the cashier’s check, including claims of
19
any multiple party account owner, payee, or endorsee in failing to stop
payment of an item as a result of incorrect information provided by
you. The Credit Union also reserves the right to freeze the amount of
the replacement cashier’s check in your account or have you post a
bond for the amount of the replacement cashier’s check.
19.
Legal Process and Other Adverse Claims.
Should we receive any legal
process, including any summons, order, injunction, execution, distraint,
levy, or lien, (hereafter called “Process”), or other adverse claim which
in the Credit Union’s opinion affects your account(s), we may, at our
option and without liability, refuse to honor orders to pay or withdraw
sums from the account(s) and either hold the balance in the subject
account(s) until the Process or adverse claim is disposed of to the Credit
Union’s satisfaction, or pay the balance over to the source of the Process.
We may also refuse to allow a withdrawal if there is a dispute between
owners about the account or if the account secures any obligations owed
to the Credit Union. Any Process or adverse claim is subordinate to our
lien and security interest in all funds in your account(s).
20.
Statements.
If the Credit Union provides a periodic statement for
your accounts(s), you will receive a periodic statement from us
describing all activity on your account(s) during the statement
period as required by law. If you have a joint account we are only
required to provide a periodic statement to one of the account
owners identified on the Account Card. If provided electronically,
statements will be sent to the e-mail or other electronic address
provided on your Membership Application. If you are signed up
for Online Banking and also choose to receive paper statements
your account may be charged a fee. You must consent to receive
electronic statements. If a valid e-mail address is not maintained
at the credit union then statements will be converted to paper and
the applicable fee assessed. See Rate and Fee Schedule for details.
In consideration of our offering an account in which we safe keep
our checks and do not return them, you waive your right to receive
any such items drawn on or charged to your account and release
us from any liability, claims or damages for failure to send such
items to you. You shall be provided a periodic statement listing the
items and all transactions charged to the account. You acknowledge
that it is your duty and obligation to exercise reasonable care by
promptly reviewing each periodic statement to verify the accuracy
of the information listed thereon. You shall promptly notify us as
to any and all questions relating to alterations, forgeries or fraud
in connection with such statement within thirty (30) days of our
mailing the periodic statement to you. We will not be liable for any
payment made and/or charged to your account(s) if notice is not
given within this thirty (30) day period. We agree to make copies of
checks requested to you upon request, at reasonable charges as set
forth in the Schedule. We are under no duty or obligation to retain
the originals of any checks or other documentation beyond thirty
(30) days from date of rendering such periodic statement.
21.
Change of Name or Address
. You will promptly notify us in writing of
any change of address or your name, including your e-mail or other
electronic address. In the absence of such written notice, mail to you at
the address shown on our records will be deemed properly addressed;
and unless otherwise provided by applicable law, constitute effective
delivery of any notice we may be required to provide, if it is not correct,
or has changed without written notice to us, and we are required to
determine your new name or address; then the Credit Union may charge
a substantial fee as set forth in the Schedule.
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Once an address is changed, a notification is automatically sent
to the old address and the new address to advise the member of
the change. If a member calls to inquire about the notification, he/
she will be asked to confirm the proper address. The Credit Union
does accept an official change of address notice from the US Post
Office. If an address was changed in error or without the member’s
authorization, the address will be changed back to its original
address immediately. Great care is taken anytime a request is made
to update a vital piece of personal information on an account in
order to reduce the opportunity for fraud or account take over.
22.
Inactive/Dormant Accounts.
If your account falls below an
applicable minimum balance or you have not made any transactions
over a period specified in the Rate and Fee Schedule, we may classify
your account as inactive or dormant. Unless specifically prohibited
by applicable law, we may charge a service fee as set forth on the
Rate and Fee Schedule for processing your inactive account. You
authorize us to transfer funds from another account of yours to
ensure you maintain a minimum of one par value in your regular
01 savings, and 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 to the state on your account profile in accordance with that
state law for remitting abandoned property. 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.
23.
Termination of Account(s) and Service(s).
We, in our sole
discretion, may terminate any of your account(s) or service(s) or
place a freeze on any sums on deposit with us at any time without
notice or require you to close your account and apply for a new
account if: (1) there is a request to change the owners or authorized
users; (2) there is a fraud/forgery or unauthorized use committed
or reported; (3) there is a dispute as to ownership of any account
or sum on deposit; (4) there are any checking accounts that are
lost or stolen; (5) there are returned unpaid items-transactions
not covered by an overdraft plan agreement with us; (6) there is
any misrepresentation regarding any account(s) or service(s); (7)
the Credit Union incurs a loss relating to any loan(s), account(s)
or service(s) you have with us; (8) if we believe you have been
negligent in protecting any access devices or codes; or (9) we deem
it necessary to protect the Credit Union from any loss, or deem it
to be in the best interest of the Credit Union, our members or our
employees. We, on our own accord, may place a stop payment on
any checking, item or transaction if we are notified or otherwise
reasonably believe that any of the foregoing circumstances have
occurred. If you do not accept any deposit or part of a deposit that
we attempt to return after termination, then such deposit will no
longer earn dividends. You may terminate a single party account
at any time by notifying us in writing. We have the right to require
the written consent of all parties to a multiple party account for
termination. We are not responsible for any draft, withdrawal, item
or transaction after your account is terminated. However if we pay
any item after termination, you agree to reimburse us upon demand.
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Duty to Cooperate.
You have a duty to cooperate with us, and any law
enforcement or government agent or agency with regard to any claim
of fraud, forgery, unauthorized access or any other adverse claim(s).
Par Value Requirement.
If your membership account(s) (01 Savings
Account and/or 30 Health Savings Account) balance falls below the
required par value for membership, then we may terminate your
membership pursuant to the Credit Union’s Bylaws.
24.
Membership Termination.
You may terminate your membership
by giving us notice and complying with the policies and procedures
of the Credit Union. Termination will not release you from any
fees or obligations you owe us, those incurred in the process of
closing your accounts or services or your liability on outstanding
items or transactions. You further agree that we can terminate your
membership for cause based on any of the circumstances defined
in section 16; without notice or further action. Upon termination, no
transactions will be allowed.
25.
Death of Account Owner.
We may continue to honor all transactions
on your account(s) until we receive actual notice of your death. After
receiving actual notice, we may honor all transactions you authorized
for a period of ten (10) days, unless we are ordered not to do so by
a person claiming an interest in your account(s). We can require any
person claiming the funds in your account(s) to indemnify us for any
losses we may incur as a result of honoring their order. Upon the death
of an individual account holder, all funds on deposit shall be paid
according to the express instructions in the Account Card (i.e., Payable
on Death Beneficiary). If no express beneficiary(ies) is provided, then
all funds on deposit will be paid to the estate of the account holder. If
there is no estate, then the Credit Union may, but has no obligation, to
pay the funds to any heir, who will be solely responsible for any further
distribution of said funds. The Credit Union may require documentation
satisfactory to be provided regarding any right, claim or fact regarding
any matter related to or arising from the payment of funds hereunder.
The Credit Union will have no further obligation or responsibility and
you agree that we shall have no liability to you, your estate or any heir,
successor or assign relating to the distribution of such funds pursuant
to this Agreement. The payment of any funds is subject to our lien or
other security interest; and all debts you owe to the Credit Union will
be paid from the funds in your accounts before any payment is made.
In case of death of a joint account owner, the deposits will be subject
to additional provisions of Paragraph 26 hereof.
26.
Security Interest and Lien on Account(s).
By signing the Account
Card, or your use of any account or service, you grant us a lien
on any and all funds in any joint and individual share account(s),
regardless of the source of the funds in the account(s) or any owner’s
contributions, to secure any account owner’s joint or individual
obligations to us, now or in the future, whether direct, indirect,
contingent or secondary. You agree that this lien is impressed as
of the first date that an applicable account is opened with us. This
lien secures all debts you owe us pursuant to any loan agreements;
under this Agreement; arising from any insufficient funds item; fees;
costs; expenses; or otherwise. You understand and agree that the
Credit Union has multiple rights which include a “consensual lien,”
a “statutory lien” pursuant to 12 USC B1757 and 12 CFR B701.39,
applicable state law and our “common law” right to set off, which
authorize us to apply the funds in any joint or individual account
to any obligations owed to us if you default or fail to pay or satisfy
any obligation to us without any legal process, court proceeding
22
or any notice to any owner of the account(s) affected hereunder
or otherwise under this Agreement. You specifically agree that we
have a right to place an administrative freeze on any of your joint
or individual account(s) and that such action shall not violate 11
U.S.C. B362 or other applicable law. You agree that your account(s)
are not assignable or transferable except to the Credit Union unless
specifically authorized in writing by us. Obligations secured by your
primary residence, household goods and any funds in an IRA or HSA
account are not included in our lien or this security interest, unless
subject to a specific pledge or security agreement.
The Credit Union will not have any responsibility or liability of you
or others relating to the dishonor or other return of any check,
draft, ACH transaction or other order occurring as a result of our
exercising our lien rights or freezing any accounts in order to protect
or preserve such rights.
27.
Limitations on 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 through no fault of ours, your account does not contain
enough money to make the transaction; circumstances beyond
our control prevent the transaction; your loss is caused by your
negligence or that of another financial institution; or the money in
your account is subject to legal process or other claim. We will not
be liable for consequential damages, except liability for wrongful
dishonor. Our actions will constitute the exercise of ordinary care if
such actions or nonactions are consistent with applicable state law,
federal reserve regulations and operating letters, clearinghouse
rules, and general banking practices followed in the area served by
us. 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 oral representations by
you or Credit Union employees and any written form will be resolved
by references to this Agreement and applicable written form.
28.
Telephone Requests.
You agree that funds in any account(s) with
us can be transferred, upon the telephone request of any signer on
the account, to another account with us or to any other financial
institution. We shall not be responsible for any loss incurred as
a result of our acting upon or executing any request, order or
instruction we believe to be genuine. Furthermore, we reserve the
right to refuse to execute any telephone request or order.
29.
Information About Your Accounts and About You.
Generally, we
will not disclose information to third parties about your account(s)
or about you without your permission. However, we may disclose
information (1) when it is necessary to complete transfers or
transactions; or to send notice of dishonor or nonpayment; (2) to our
accountants; (3) to state or federal government regulators; (4) to
exchange, in the regular course of business, credit information with
other banks, financial institutions, or commercial enterprises, directly
or through credit reporting agencies; (5) to advise third parties of
accounts closed for misuse; (6) to furnish information to appropriate
law enforcement authorities when we reasonably believe we have
been the victim of a crime; (7) to comply with government agency
or court orders, subpoenas or other legal process or to furnish any
information required by statute; (8) to furnish information about the
existence of an account to any judgment creditor of yours who has
made a written request for such information; or (9) when we are
23
attempting to collect an obligation owed to us.
In addition, you understand and agree that we may, from time to time,
request and review consumer credit reports and other information about
you prepared by credit reporting agencies or others.
30.
Multiple Party Accounts.
An account owned by two or more persons
is a multiple party account.
a.
Right of Survivorship. Unless otherwise stated on this Application
for Share Account, a multiple party 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 multiple party
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 any security interest or pledge the deceased granted
by a deceased owner, even if a surviving owner did not consent to it.
b.
Control of Multiple Party Accounts. Any owner is authorized and
deemed to act for any other owner (s) and may instruct us regarding
transactions and other accounts matters. Any owner may withdraw
all funds, stop payment on items, transfer, or pledge to us all or
part of the shares without the consent of the other owner(s). Only
the member can request membership be terminated. We have no
duty to notify any owner(s) about transactions. 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 of 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.
Multiple Account Owners Liability. If a deposited item in a multiple
party 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 right against any account of an owner or all funds
in the multiple party account regardless of who contributed them.
31.
Single Party Accounts.
A single party 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 /or trust
beneficiary, subject to other provisions of this Agreement governing
our protection for honoring transfer and withdrawal request of an
owner of owner’s agent prior to notice of an owner’s death.
32.
Payable on Death.
Payable on Death (“POD”) accounts are governed
by your agreements with the Credit Union and applicable state law.
A POD account instructs us that the designated account is payable
to the owner(s) during their lifetimes, and upon death of the last
account owner, is payable to any surviving beneficiary designated
by your Account Card. Accounts payable to more than one surviving
beneficiary are jointly owned without any rights of survivorship. This
means that the sums in the account may be paid to any surviving
beneficiaries individually or otherwise. However, no amount will be
paid to any beneficiary, their heirs or successors, who are not living
at the time the account becomes payable to beneficiaries. POD
beneficiary designations do not apply to IRA or HSA accounts, but
24
instead, are subject to your IRA and HSA Agreement/Certificate. The
Credit Union has no obligation to notify any beneficiary of any POD
account or the vesting of his or her interest. Further, the Credit Union
is also entitled to all additional protections provided by applicable law
regarding the payment of sums on deposit in POD accounts.
33.
Minors Accounts.
For any account established by a minor, we reserve
the right to require the minor account to be a multiple party account
with an owner who has reached the age of majority under state law
who shall be jointly and severally liable to use for any returned item,
overdraft, or unpaid charges or amounts on such account. We require
a minor to sign the Account Card if the minor can sign his or her own
name. If the minor is unable to sign, the adult should sign for the
child (e.g., “Mary Doe by John Doe, Father”). Any adult owner must
also sign, even if he or she signed for the minor. We require a minor’s
signature on the Account Card before a minor can make a withdrawal
on any account. We may make payments of 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 right to
access the account. We have no duty to inquire of the use or purpose
of any transaction by the minor or any account owner. We will not
change the account status when the minor reaches the age of majority,
unless authorized in writing by all account owners.
34.
Member Organization or Business Accounts.
Accounts held in
the name of a member, organization, or association for business
purposes are subject to the same terms set forth in the Agreement
and the following additional rules. The account owners agree to
inform us of the persons authorized to transact business on behalf
of the business or organization in a resolution acceptable to us. The
parties identified in the resolution will be authorized to contract and
otherwise act on behalf of the entity identified. We may rely on the
resolution and corresponding Account Card until such time as we
are informed of changes in a written document signed by any owner,
officer or director of the organization that is actually delivered and
received by us. We may require that third party checks payable to an
organization not be cashed, and be deposited to a business account.
Further, if a resolution or Account Card identifies the member owner
as an organization of any type; or if the Credit Union determines that
any account is used for any business or organizational purpose, such
account is deemed to be a “business account” and may be subject to
additional fees or other requirements. We will have no notice of any
breach of fiduciary duties arising from a transaction by any agent
of the account owner, unless we have written notice of any wrong
doing.
35.
Costs, Expenses and Attorneys’ Fees.
If it is necessary for us to bring
any legal or other action to collect any sum you owe the Credit Union or
if we incur any costs or expenses as a result of any order or instruction
received from any owner or any owner’s agent under this Agreement,
any adverse claim, legal process or otherwise, then all owners of the
account(s) concerned agree, jointly and severally, to pay us for all costs
and expenses, including reasonable attorneys’ fees.
36.
Indemnity.
If you ask us to follow instructions that we believe
might expose us to claims, suits, losses, expenses, liabilities, or
damages whether directly or indirectly, we may refuse to follow your
instructions or may require a bond or other protections. An example
of the kind of protection asked for would be your promise to protect
the Credit Union against any claims (an indemnity).
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37.
Account Changes.
Changes to any account or account service
requested by any member or account owner can only be made
with the express consent of the Credit Union. If a change to a joint
account or service is requested, we may require that all joint owners
indicate their consent by signing our document evidencing the
change. As set forth herein, the Credit Union, in its sole discretion,
may change any term or condition of this Agreement, including the
method for determining dividends, at any time without notice except
as expressly required by applicable law.
38.
Member Identification Program.
As a result of the September 11,
2001 attack on America, The USA Patriots Act was signed into law.
In an effort to comply with this regulation, the Credit Union must
verify the identity of each new applicant and / or signatory being
added to a new account or an existing account. Furthermore, the
Credit Union must maintain a record of the information used to verify
the person’s identity including name, physical address, date of birth,
social security number and / or other identifying number associated
with the applicant. Upon receipt of your application for membership
on a new or an existing account, you authorize the credit union to
verify your identity. This applies to all account types, all loans, and or
extensions of credit. You will be asked to provide a minimum of two
(2) items of identification, or more at the Credit Union’s discretion,
prior to opening or being added to an existing account in an effort
to verify your identity. Services will not be rendered until the
verification process has been completed.
39.
Identity Verification Program.
In order to comply with the USA
Patriots Act, effective on or after October 25, 2002, Coca-Cola
Federal Credit Union is required to verify the identity of each
applicant applying for and opening a new account or service
with the Credit Union. As a Financial Institution, the Credit Union
is required to obtain and verify the following: name, residential
address, tax identification number, and date of birth. The Credit
Union pulls a Credit Bureau Report and ChexSystems Report on
all applicants at Account Opening in order to verify the applicant’s
identity. Additional data may also be gathered depending on the
type of account applied for or opened. This Act requires the Credit
Union to maintain a copy of the records used for verification of the
applicant’s identification and to periodically update this information.
Confidentiality of the information maintained by the credit union will
be maintained as required under the Privacy Act.
40.
Documentation of Foreign Status.
Foreign individuals should
use Form W-8BEN to document their foreign status and claim any
applicable treaty benefits for chapter 3 purposes (including a foreign
individual that is the single member of an entity that is disregarded
for U.S. tax purposes) according to the Internal Revenue Service of
the United States. Individual account holders (both U.S. and foreign)
who do not document their status may be deemed recalcitrant
(resisting authority). This may lead to withholding at the foreign-
person withholding rate of 30% on certain payments or the backup
withholding rate under section 3406. If a change in circumstances
makes any information on a W-8BEN form incorrect, then the person
whose name is on the certificate or other documentation must
inform the Credit Union within 30 days of the change and furnish a
new W-8BEN form.
Please see instructions: http://www.irs.gov/pub/irs-pdf/iw8ben.pdf
or speak with a tax advisor.
26
41.
Agency 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 no duty to inquire
about the use or purpose of any transaction made by the agent.
42.
Trust Accounts.
A trust account designation is an instruction to the
Credit Union that an account so designated is payable to the owner
or owners during their lifetimes, and upon the death of the last
account owner, payable to any names and surviving trust beneficiary
designated on your Account Card. Accounts payable to more than one
surviving beneficiary are owned jointly by such beneficiaries without
rights of survivorship. Any trust beneficiary designation shall not apply
to Individual Retirement Accounts (IRAs) or Health Savings Accounts
(HSA), which shall be governed by a separate beneficiary designation.
43.
Uniform Transfers/Gifts to Minors Account.
A Uniform Transfers/Gifts
to Minors Account (UTTMA/UGMA) is an individual account established
by a member as a custodian by depositing funds as an irrevocable gift to
minor. The minor to whom the gift is made is the owner and beneficiary
of the funds. The custodian has possession and control for the exclusive
right to benefit of the minor, and barring a court order otherwise, is the
only party entitled to make deposits to, withdrawals from, or close the
account. The Credit Union has no duty to inquire of the use or purpose
of any transaction by the custodian. In the event of the custodian’s death,
the Credit Union may place an administrative hold on the account until
it receives instruction from any person authorized by law to withdraw
funds or a court order authorizing such withdrawal.
44.
Business Days.
The Credit Union’s business days are Monday
through Friday excluding normal banking and Federal holidays.
45.
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 that amount if we do not
receive final settlement. When you initiate a wire transfer, you must
identify the recipient by name, financial institution, account number
or identifying number. The Credit Union (and other institutions) may
rely on the account or another identifying number as the proper
identification even if it identifies a different party or institution.
Please refer to the Rate and Fee Schedule for outgoing wire fees.
Wires received before 2:00P.M. EST will be processed the day they are
received. Wires received after 2:00P.M. EST will be processed the next
business day. It is imperative that you maintain accurate and correct
information with us at all times. Wire requests will be verified. Wires
that fail verification, will not be processed. The credit union shall not be
responsible for wires not processed due to lack of verification.
What is a Remittance Transfer?
When consumers in the United
States send money electronically to consumer or business recipients
in foreign countries.
What to do if You Want to Cancel a Remittance Transfer.
You have
the right to cancel a remittance transfer and obtain a refund of all funds
paid to us, including any fees. In order to cancel, you must contact us
27
at the phone number or e-mail address on the back of this publication
within 30 minutes of payment for the transfer. When you contact us,
you must provide us with information to help us identify the transfer you
wish to cancel, including the amount and location where the funds were
sent. We will refund your money within three (3) business days of your
request to cancel a transfer as long as the funds have not already been
picked up or deposited into a recipient’s account.
Errors on Remittance Transfers.
If you think there has been an error
or problem with your remittance transfer, call us, write us, or email us
using the contact information on this publication. You must contact us
within 180 days of the date we promised to you that funds would be
made available to the recipient. When you do, please tell us: (1) Your
name and address [or telephone number]; (2) The error or problem
with the transfer, and why you believe it is an error or problem; (3) The
name of the person receiving the funds, and if you know it, his or her
telephone number or address; (4) The dollar amount of the transfer;
and (5) The confirmation code or number of the transaction. We will
determine whether an error occurred within 90 days after you contact
us and we will correct any error promptly. We will tell you the results
within three (3) business days after completing our investigation. If we
decide that there was no error, we will send you a written explanation.
You may ask for copies of any documents we used in our investigation.
The Credit Union offers Online Banking Wires which allows members
the ability to submit their own wire (s) on-line via Online Banking, using
a flexible web-based solution for completing end-to-end wire transfers.
Outbound wires submitted before 2:00 P.M. EST. will be processed the
same day. Any wire received after the cut-off time will be processed the
following business day.
48.
Elder Abuse.
Every day, older adults and adults with disabilities are suffering
from abuse, neglect, and exploitation; often by people they trust the most.
Abusers may be spouses, family members, personal acquaintances,
professionals in positions of trust or opportunistic strangers who
prey on the vulnerable.
TYPES OF ABUSE
•
Physical abuse;
•
Mental, emotional, or verbal abuse;
•
Sexual abuse;
•
Neglect;
•
Self Neglect; and
•
Financial Exploitation
The Credit Union is mandated by Georgia law and will report
suspected abuse, neglect or exploitation.
a.
Our Employees’ Access to Member Information. Employees’ access is
restricted to their need to know such information for business reasons.
All employees are trained to respect member privacy, and those who
violate our Privacy Policies are subject to disciplinary action.
47.
Protecting Our Children
. We do not knowingly solicit data from children,
and we do not knowingly market to children. We recognize that protecting
children’s identities and privacy on-line is important and that the
responsibility to do so rests with both the on-line industry and with parents.
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48.
What You Can Do to Protect the Security of Your Information.
An important part of the responsibility of protecting your financial
information rests with you. What can you do?
•
Routinely review and reconcile your account statements.
•
If you become aware of incorrect information either in our records or
as reported by us, please notify us at Coca-Cola Federal Credit Union,
P.O. Box 1734, Atlanta, Georgia 30301 or call 404-676-2586 within
metro Atlanta, or toll free at 877-277-2586 outside Metro Atlanta and
we will make the necessary corrections promptly.
•
Safeguard and protect your account records, passwords,
logon identification and other information pertaining to your
relationship with us.
•
NEVER reveal your access codes, passwords or personal
identification numbers (“passwords”) to anyone – ever! Attempts
to break these passwords are monitored by special software, which
will only allow a few attempts before the password needs to be
reset personally in one of our branches. If you think any of your
passwords have been compromised, change them immediately!
•
Don’t leave your computer while you are in the midst of an on-line
session or transaction.
•
When you are finished using any of our on-line services, be sure to
log off the system before visiting other web sites.
•
If other people have access to your computer, clear your browser’s
cache in order to remove copies of web pages that may have been
stored temporarily on your system.
49.
Links to Third Party Web Sites.
Our web site may contain links to third
party web sites. We provide these links as a service to you. When you
link to a third party web site you leave our web site. We want you to be
aware that we are not responsible for the privacy practices of any other
web site. We encourage you to read the privacy policies of any web
site you access, especially if individual identifying information is being
collected. We are not affiliated with an agent of any third party web
site that you link to via our web site.
50.
Choosing Not to Have Your Information Shared with Others.
If you do
not want us to share your non-public personal information (other than as
permitted by applicable law), you may instruct us not to do so by:
•
Completing an “opt-out” form at one of our branches;
•
Sending us an e-mail at creditunion@coca-cola.com;
•
Writing us at Coca-Cola Credit Union, P.O. Box 1734, Atlanta,
Georgia 30301. (Note: Please provide your full name, address,
telephone number(s), social security number, and member
numbers); or,
•
Completing and submitting to us the “opt-out” form on our web
site, creditunion.coca-cola.com.
An election to opt out by any owner, borrower or guarantor will
apply to all other joint owners, co-borrowers and guarantors.
51.
Reducing the Advertising You Receive From Others.
If you would like
to reduce the amount of advertising you receive from entities other
than the Credit Union, please write to:
Direct Marketing Association
Mail Preference Service
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P.O. Box 643
Carmel, NY 10512
or visit this website for more information:
dmaconsumers.org/offemaillist.html.
Please be sure to include complete information about each name,
address, and telephone number you would like excluded from these
lists. If you have moved within the last year, please also include your
old address and phone number. The same is true for name changes
and the addresses and phone numbers associated with each name.
52.
Pre-Approved Credit Solicitations.
If you would like to have your
name taken off all pre-approved credit solicitations (not just Credit
Union solicitations), you can write to the following credit reporting
agencies. Please be sure to include your name, current address and
social security number.
Experian Consumer
Opt-Out
P.O. Box 919
Allen, TX 75013
Options Equifax, Inc.
P.O. Box 740123
Atlanta, GA 30374-0123
Trans Union Corporation
Name Removal Option
P.O. Box 97328
Jackson, MS 39288-7328
53.
Notices and “Joint Relationships.”
Except where expressly required by
applicable law, we will provide all notices, including opt-out notifications,
to the person (member) listed first on any application, agreement
or other relevant document with us. The notice will be mailed to the
address noted for said person on the application, agreement or other
document. If this person (member) has agreed to receive notices
and disclosures electronically, then we can send all such notices and
notifications, including but not limited to appropriate opt-out forms, to
the e-mail or internet address provided by said person. All joint owners,
borrowers and guarantors agree to the receipt and sufficiency of any
notice or notification sent according to this paragraph.
54.
Membership Agreement Acknowledgement
. You acknowledge
that you have received and agree to be bound by any terms and
conditions in this Membership Agreement,Truth-in-Savings Act
Rate and Fee Schedule, and any Special Account or other separate
Account Service Applications or Agreements as amended from time
to time, which are incorporated herein by reference. You consent
that the Credit Union may undertake to verify eligibility for any
account(s) and service(s) now and in the future. In addition, you
authorize us to make inquiry to determine your employment history
and to obtain information concerning any accounts with other
institutions and credit history, including any credit reports.
THE CREDIT UNION’S PRIVACY POLICY IS SUBJECT TO CHANGE
WITHOUT NOTICE. ANY CHANGES TO THE PRIVACY POLICY
WILL APPLY TO INFORMATION COLLECTED AFTER THE DATE OF
THE REVISION. NO PROVISIONS CONTAINED HEREIN SHALL BE
DETERMINED TO CHANGE OR ALTER ANY OTHER CONTRACTS OR
POLICIES BETWEEN THE CREDIT UNION AND ITS MEMBERS.
55.
Check Acceptability
The Credit Union does not accept postdated
checks, which means that the check is dated in the future. Stale
dated checks means the check is more than six months old. The
Credit Union will adhere to explicitly stated timeframe of acceptance
printed on a check.
56.
ACH Electronic Check Presentation.
Electronic check conversion
(ECK) transactions are transactions where a check, draft, or similar
paper instrument is used as a source of information to initiate a
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one-time electronic fund transfer from a consumer’s account for
payments made by the consumer at either the point of purchase or a
manned bill payment location.
57.
E-CONSENT COMMUNICATIONS AGREEMENT
. The Terms and
Conditions of Services shall be governed by the Bylaws of Coca-Cola
Federal Credit Union (Credit Union, us, we, our) and construed in
accordance with Federal and State of Georgia laws and regulations
as amended from time to time. You agree to be bound by and
comply with the requirements of the Terms and Conditions for
Services. Any disputes regarding this Agreement shall be subject to
the jurisdiction of the court of the county in which the Credit Union is
located. If for any reason a court of competent jurisdiction finds any
provision or portion of the Terms to be unenforceable, the remainder
of the Terms will continue in full force and effect.
58.1
CONSENT FOR ELECTRONIC COMMUNICATION
By clicking “I
Agree” you affirmatively agree and authorize the Credit Union
to conduct business with you electronically. This disclosure
documents your consent to conduct transactions electronically
and to electronically receive disclosures and notices relative to the
accounts you are applying to open with us online and other products
and services we may offer. The disclosure also describes your rights
relative to conducting transactions electronically and to electronically
receiving disclosures and notices, as well as the consequences of
withdrawing your consent. We recommend you print and retain a
copy of this disclosure and all the disclosures and agreements related
to this transaction.
The information may include, but is not limited to:
•
Account Alerts
•
Annual Privacy Notice with opt-out option
•
Billing Rights
•
Disclosures
•
eDocuments (eStatements, eNotices, and eReceipts)
•
Electronic Funds Transfer Disclosure
•
Funds Availability Policy
•
Notice of change in terms for your deposit account
•
Notice of change in schedule of fees
•
Terms and Conditions of your deposit account
•
Truth-In-Savings
Once you consent, you will be able to apply to open accounts online.
If you do not consent, you will not be able to apply online. However,
regardless of whether you consent, you will still be entitled to apply to
open accounts through other methods that we permit, such as in person.
58.2
PAPER COPY
Unless you consent, you have the right to receive all
required disclosures in paper or non-electronic form. You have the
right to receive a paper version of a periodic statement, disclosure
and/or notifications required by federal and state regulations upon
request. There may be a fee for requesting any paper copy of an
electronic statement we have previously provided to you. Refer to
31
our rate and fee schedule for current fee.
We reserve the right to provide any disclosures or notices in writing,
rather than electronically. Except as otherwise provided by law or in other
agreements, you can give us all notices regarding your deposit/share
accounts or your periodic statements, except for stop payment orders,
by email using our then current email address, regardless of anything in
this agreement to the contrary; however, we reserve the right to have any
notices confirmed in writing upon our request.
58.3
EMAIL ADDRESS
A valid email address is needed to receive
electronic communications from us. It is your responsibility to ensure
we have a valid email address at all times for each service you
choose to use. If you change your email address, it is very important
that you update your email address with us. Failure to do so may
adversely affect our electronic communications to you.
If an email is returned undeliverable, the Credit Union may
terminate your electronic communication services and it will be your
responsibility to resubmit your request for information that may
include, but is not limited to: Account Alerts, Account Disclosures/
Notifications, eStatements, eNotices, or eReceipts.
58.4
WITHDRAWING YOUR CONSENT
If you decide to receive notices and
disclosures from us electronically, you may at any time change your
mind and tell us that thereafter you want to receive required notices
and disclosures only in paper format. How you must inform us of your
decision to receive future notices and disclosure in paper format and
withdraw your consent to receive notices and disclosures electronically
is by calling, email or writing us at our contact information listed below.
58.5
CONSEQUENCES OF CHANGING YOUR MIND i
f you elect to receive
required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with
you and delivering services to you because we will need first to send
the required notices or disclosures to you in paper format, and then
wait until we receive back from you your acknowledgment of your
receipt of such paper notices or disclosures.
58.6
LIABILITY
You understand and agree that we are not responsible
to the extent performance is prevented or delayed due to causes
beyond such party’s reasonable control and without its negligent or
willful misconduct, including without limitation acts of God, natural
disasters, terrorist acts, war or other hostilities, labor disputes, civil
disturbances, governmental acts, orders or regulations, third party
nonperformance or failures or fluctuations in electrical power, heat,
light, air conditioning or telecommunications equipment.
58.7
HARDWARE AND SOFTWARE REQUIREMENTS.
The minimum
computer hardware and software requirements to receive and keep
the electronic disclosures and notices are: You must have a computer,
or other device, with access to the internet and a browser that
supports 128-bit encryption. You must have software which permits
you to receive and access Portable Document Format or “PDF” files,
such as Adobe Acrobat Reader® version 8.0 or higher, to view your
electronic disclosures and notices and print for your records.
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VISA DEBIT CARD AGREEMENT
This is the general agreement
covering your use of VISA Debit Card: If an overdraft loan to your
checking account results from your use, refer to the Checking Account
Agreement Overdraft Transfer Clause which follows. If you have a joint
account, both of you are bound by this agreement and each of you are
responsible for payment of the entire amount which may become due.
This agreement applies only to the designated checking account.
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1.
Authorization for Payment. When you use your card or permit
someone else to use it for a purchase or cash advance, you authorize
us to charge your deposit account for the amount involved.
2.
Lost or Stolen Cards; Unauthorized Use. NOTIFY US IMMEDIATELY
if you believe your card is lost or stolen, or if you believe an
unauthorized use of your card or personal identification number
has occurred or may occur. FOR LOST OR STOLEN CARDS, CALL
IMMEDIATELY: 1-800-472-3272.
(a) Liability disclosure. Tell us AT ONCE if you believe your VISA
Debit Card or PIN has been lost or stolen. You must notify us
immediately of any unauthorized use.
(b) Telephoning is the best way of keeping your possible losses down.
You could lose all the money in your account (plus your maximum
overdraft line of credit). If you tell us within two business days, you
can lose no more than $50 if someone used your VISA Debit Card
or PIN without your permission. If you believe your VISA
(c) Debit Card or PIN has been lost or stolen, and you tell us within
two business days after you learn of the loss or theft, you can
lose no more than $50 if someone used your VISA Debit Card
or PIN without your permission. If you do NOT tell us within two
business days after you learn of the loss or theft of your VISA
Debit Card or PIN, and we can prove we could have stopped
someone from using your VISA Debit Card or PIN without your
permission, if you had told us, you could lose as much as $500.
(d) Also, if your statement shows transfers that you did not make, 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
you lost after the sixty (60) days if we can prove that we could
have stopped someone from taking the money if you had told
us in time. If a good reason (such as long trip or a hospital stay)
kept you from telling us, we will extend the time periods.
3.
Business Days. Our normal business days are: Monday through
Friday, excluding normal banking and federal holidays.
4.
Transactions Available at Automatic Teller Machines. All transactions
are subject to proof and verification by financial institution of account.
For security reasons there are limits on the dollar amounts of certain
transactions you can make at these automatic teller machines.
5.
Fees. Each transaction may be treated like a checking for purposes
of computing any applicable charges for your checking account.
Such charges are disclosed on the Credit Union’s separate schedule
of rates and fees as provided to you. Fraud control services, such
as handling of lost or stolen cards, will result in additional fees.
The Credit Union retains the right to impose a minimum balance
requirement and/or per transaction fee for card transactions.*
6.
Account Information Disclosure. We will disclose information to third
parties about your account transactions:
(a) If necessary for completing transactions, or
(b) In order to verify the existence and condition of your account for
a third party, such as a credit bureau or merchant, or
(c) In order to comply with government agency or court orders, or
(d) If you give us your written permission.
TRANSFER OF INFORMATION: Generally a Federal Agency must
33
tell you if any records obtained from a financial institution are
transferred to another Federal Agency.
PENALTIES: If a Federal Agency or financial institution violates the
financial privacy act, you may sue for damages or seek compliance with
the law. If you win, you may be repaid your attorney’s fees and costs.
Either the Credit Union or card holder may terminate their agreement
as to any card and revoke the card at any time. The card holder shall be
relieved of liability as to the transaction occurring after such termination,
but no such termination shall affect any liability of the card holder to
the Credit Union with respect to transactions initiated through the
use of the card before termination. Upon any termination the card
shall be returned to the Credit Union. The Credit Union may amend
these regulations and any agreement concerning the card in any
respect at any time by mailing a copy of such amendment to card
holder at card holder’s address as then shown on the records at the
Credit Union, and such amendments shall be and become effective
five (5) days subsequent to the date of such mailing unless card
holder has theretofore returned the card to the Credit Union and
terminated the agreement pertaining thereto.
7.
Right to Receive Documentation. A receipt or sales slip will be
provided to you for each transaction. This receipt shall, be subject
to verification of items deposited by you at an automatic teller
machine, and constitute prima facie proof of the transaction
evidenced by the receipt or sales slip. Your regular monthly checking
account statement will identify and describe your VISA Debit Card
transactions.
8.
No Stop Payment. Since VISA Debit Card transactions result in
direct charges to your checking account, there are no stop payment
privileges.
9.
Liability of Coca-Cola Federal Credit Union.
The Credit Union shall be liable to a card holder for damages caused
by:
1.
The Credit Union’s failure to make an electronic transfer of funds
in a timely manner and in the amount requested when properly
instructed to do so, EXCEPT:
(a) If your account has insufficient funds.
(b) If the funds in your account are subject to legal process or
other encumbrance.
(c) The transfer would exceed a credit limit.
(d) An Automatic Teller System terminal has insufficient funds to
complete the transaction.
(e) As otherwise may be provided by the Federal Regulations.
2. The Credit Union’s failure to make an electronic funds transfer if
that failure is due to the Credit Union’s failure to credit to your
account a deposit of funds if that deposit should have been
credited by the terms and conditions of the account.
3. The Credit Union’s failure to stop payment of any preauthorized
transfer from your account when instructed to do so in
accordance with the terms and conditions of the account.
HOWEVER, the Credit Union shall not be liable under this section
if it can prove that its actions or failure to act were the result of:
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(a) An act of God or other circumstances beyond its control, that
it used reasonable care to prevent the occurrence and that it
used reasonable care as the circumstances required.
(b) A technical malfunction known to the card holder at the
time the card holder attempted to use the Automatic Teller
System. If any failure by the Credit Union was not intentional
and resulted from a bona fide error even though the Credit
Union has procedures meant to prevent the error, the Credit
Union shall be liable for actual damages.
10.
No Cash Refunds from Merchants. If you are entitled to receive a refund
from a merchant for a purchase made with your VISA Debit Card, you
will not receive cash. Instead, your VISA Debit Card will be used again
by the merchant to make a credit to your checking account.
11.
Refusal to Honor Card. We are not responsible for the refusal of
anyone to honor your card.
12.
Amendments. We may amend or cancel this agreement at any time
by getting your consent or by giving you notice of the amendments
or cancellation. Cards are our property and must be returned upon
our request.
13.
Copy Charges. We may charge you a reasonable charge for
photocopies and reprints of your statement.
14.
Miscellaneous. If any provision of this agreement would be unlawful,
the rest of the agreement will stand and the unlawful provision will
be deemed amended to conform to law.
15.
Deposit Account Terms and Conditions. The Checking Account
Policies as issued by us apply to all your credit union transactions
(including VISA Debit Card transactions) except as to those matters
which are covered by this agreement.
CHECKING ACCOUNT AGREEMENT FOR OVERDRAFT TRANSFER
This agreement is made and entered into by and between the
member herein after referred to as “member” and Coca-Cola Federal
Credit Union, hereinafter referred to as “Credit Union.”
1.
Pursuant to written application made by member, Credit Union
agrees to establish for member, overdraft protection; Credit Union
agrees to loan member the aforesaid maximum credit line as
requested by member upon the terms and conditions hereinafter set
forth. Member agrees to repay the loan balance, including finance
charges, in monthly installments as set forth in revolving credit note
agreement and Truth-in-Lending Disclosure.
2.
Loans under this agreement shall be available to member by using
either of the following methods:
(a) By means of an automatic credit to members’ checking account
available to anytime transactions drawn against the member’s
checking accounts are in excess of the deposits held in said
account.
(b) Upon request by member, funds will be transferred to the
checking account.
3.
Credit Union is not obligated to honor any transaction which would
create an overdraft in excess of the maximum amount of overdraft
protection, but if credit union elects to do so, the excess shall be
35
treated as an overdraft transfer loan hereunder.
4.
Credit Union may terminate this Agreement at any time upon notice
to member with respect to any future overdraft transfer loans. The
Credit Union may amend this Agreement by giving notice as required
by law or by member’s written Agreement to any amendment.
5.
In the case of joint checking account, each user shall be signed on
the revolving credit note and Truth-In-Lending Disclosure and will
be jointly and severally liable for any overdraft transfer loan made by
honoring the transaction of either user.
6.
If any provision of this Agreement is or becomes invalid under law,
the remaining provision shall be affected thereby and said provision
shall be deemed so as to conform to then existing law.
IN CASE OF ERRORS OR QUESTIONS ABOUT VISA DEBIT CARD
TRANSACTIONS, KEEP THIS NOTICE FOR FUTURE USE:
Telephone us at 1-800-472-3272 or write VISA, c/o Coca-Cola
Credit Union, P.O. Box 1734, Atlanta, GA 30301, as soon as you
can, if you think your statement or receipt is wrong or if you need
more information about a VISA Debit Card transaction listed on the
statement or receipt. We must hear from you no later than sixty (60)
days after we sent you the FIRST statement on which the problem or
error appeared.
(1) Tell us your name and account number,
(2) Describe the error or the transaction you are unsure about, and
explain as clearly as you can why you believe it is in error or why
you need more information. (3) Tell us the dollar amount of the
suspected error.
We 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 provisionally 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 recredit your account after you discover the error.
If we decide that there was no error, we will send you a written
explanation within three (3) business days after we finish our
investigation. You may ask for copies of the documents that we
used in our investigation. If the error asserted by you involves an
extension of credit under our Overdraft Protection agreement,
then after we receive your notice we cannot try to collect any
amount you question, including finance charges, and we can
apply any unpaid amount against your credit limit. You do not
have to pay any questioned amount while we are investigating,
but you are still obliged to pay the parts of your bill that are not
in question.
If we find that we made a mistake on your statement, you will
not have to pay any finance charges related to any questioned
amount. If we didn’t make a mistake, you may have to pay
finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will send
36
you a statement of the amount you owe and the date that it is
due. If you fail to pay the amount that we think you owe, we may
report you as delinquent.
However, if our explanation does not satisfy you and you write
to us within ten (10) days telling us that you still refuse to pay,
we must tell anyone we report you to that there is a question
about your bill. And, we must tell you the name of anyone we
reported you to. We must tell anyone we report you to that the
matter has been settled between us when it finally is. Special
Rule for Debit Card Purchases Covers U.S.-issued cards only. Does
not apply to ATM transactions, PIN transactions not processed
by VISA, or certain commercial card transactions. Individual
provisional credit amounts are provided on a provisional basis
within five (5) business days and may be withheld, delayed,
limited, or rescinded by Credit Union based on factors such as
gross negligence or fraud, delay in reporting unauthorized use,
investigation and verification of claim and account standing and
history. Transaction at issue must be posted to your account
before provisional credit may be issued.
*Card replacement fees apply. See Rate & Fee Schedule.
Federally Insured by NCUA
37
38
Member Services/
Phone Banking
Telephone:
(404) 676-2586
Toll Free:
(877) 277-2586
Fax:
(404) 598-2586
Website
creditunion.coca-cola.com
Mail
creditunion@coca-cola.com
cumortgages@coca-cola.com
creditunionloandept@coca-cola.com
Physical Address
One Coca-Cola Plaza, NW
Atlanta, GA 30313
Mailing Address
P.O. Box 1734
Atlanta, GA 30301
Federally insured by NCUA
rev.08.15