REG E Electronic Fund Transfers Agreement and Disclosure


This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities
concerning the electronic fund transfers (EFT) services offered to you by Valwood Park Federal Credit Union (“Credit Union”). In
this Agreement, the words “you,” “your,” and “yours” mean those who sign the application or account card as applicants, joint
owners, or any authorized users. The words “we,” “us,” and “our” mean the Credit Union. The word “account” means any one (1)
or more share and share draft accounts you have with the Credit Union. Electronic fund transfers are electronically initiated
transfers of money from your account through the EFT services described below. By signing an application or account card 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. Furthermore, electronic fund transfers that meet the definition of
remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently,
terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of
more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer
provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time
such services are requested and rendered in accordance with applicable law.
1. EFT SERVICES — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.
a. Visa Debit Card. If approved, you may use your Visa® card to purchase goods and services from participating merchants.
If you wish to pay for goods or services over the Internet, you may be required to provide card number security information
before you will be permitted to complete the transaction. You agree that you will not use your card for any transaction that is
illegal under applicable federal, state, or local law. Funds to cover your card purchases will be deducted from your share draft
account. For ATM and one-time debit card transactions, you must consent to the Credit Union’s overdraft protection plan in
order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and
pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the
Credit Union uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges.
For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union
may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft
protection accounts, or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws
your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In
the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your card and
personal identification number (PIN) in ATMs of the Credit Union, MoneyPass and Pulse networks, and such other machines or
facilities as the Credit Union may designate. In addition, you may use your Visa card without a PIN for certain transactions on
the Visa MoneyPass and Pulse networks. However, provisions of this Agreement relating only to Visa debit transactions, such
as additional limits on your liability and streamlined error resolution procedures, do not apply to transactions processed through
non-Visa networks. To initiate a Visa debit transaction, you may sign a receipt, provide a card number, or swipe or insert your
card at a point-of-sale (POS) terminal and choose to route the transaction over a Visa network.
At the present time, you may also use your card to:
– Make deposits to your share and share draft accounts.
– Withdraw funds from your share and share draft accounts.
– Transfer funds from your share and share draft accounts.
– Obtain balance information for your share and share draft accounts.
– Make loan payments from your share and share draft accounts.
– Make point-of-sale (POS) transactions with your card and personal identification number (PIN) 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 Visa Debit Card transactions may apply:
– There is no limit on the number of Visa Debit Card purchases you make per day.
– You may purchase up to a maximum of $2,500.00 per day.
– There is no limit to the number of cash withdrawals you may make in any one (1) day from an ATM machine.
– You may withdraw up to a maximum of $500.00 in any one (1) day from an ATM machine, if there are sufficient funds in
your account.
– You may transfer up to the available balance in your accounts at the time of the transfer.
– See Section 2 for transfer limitations that may apply to these transactions.
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Card Information Updates and Authorizations. If you have authorized a merchant to bill charges to your card on a recurring
basis, it is your responsibility to notify the merchant in the event your card is replaced, your card information (such as card
number and expiration date) changes, or the account associated with your card is closed. However, if your card is replaced or
card information changes, you authorize us, without obligation on our part, to provide the updated card information to the
merchant in order to permit the merchant to bill recurring charges to the card. You authorize us to apply such recurring charges
to the card until you notify us that you have revoked authorization for the charges to your card.
Your card is automatically enrolled in an information updating service. Through this service, your updated card information (such
as card number and expiration date) may be shared with participating merchants to facilitate continued recurring charges.
Updates are not guaranteed before your next payment to a merchant is due. You are responsible for making direct payment until
recurring charges resume. To revoke your authorization allowing us to provide updated card information to a merchant, please
contact us.
b. Preauthorized EFTs.
– Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department or (iii) other financial institutions, the
Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your
share and/or share draft account.
– Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share and share draft account.
– See Section 2 for transfer limitations that may apply to these transactions.
– Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money
you owe others, you may stop payment on preauthorized transfers from your account. You must notify us in writing at any
time up to three (3) business days before the scheduled date of the transfer. A stop payment request may apply to a single
transfer, multiple transfers, or all future transfers as directed by you, and will remain in effect unless you withdraw your
request or all transfers subject to the request have been returned.
– Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to
tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get
this notice only when the payment would differ by more than a certain amount from the previous payment or when the
amount would fall outside certain limits that you set.
– Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop payment of a preauthorized
transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your
losses or damages.
c. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or draft,
you may authorize your check or draft to be converted to an electronic fund transfer. You may also authorize merchants or other
payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund
transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be
processed electronically or if you sign a written authorization.
d. Home Banking. If Home Banking is activated for your account(s), you will be required to use secure login information to
access the account(s). At the present time, you may use Home Banking to:
– Withdraw funds from your share, share draft, and club accounts.
– Transfer funds from your share and share draft accounts.
– Obtain balance information for your share, share draft, loan and club accounts.
– Make loan payments from your share and share draft accounts.
– Determine if a particular item has cleared.
– Obtain tax information on amounts earned on share and share draft accounts or interest paid on loan accounts.
– Verify the last date and amount of your payroll deposit.
– Make bill payments to preauthorized creditors.
Your accounts can be accessed under Home Banking via personal computer. Home Banking will be available for your
convenience 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 a 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 may
be limits on the duration of each access.
The following limitations on Home Banking transactions may apply:
– See Section 2 for transfer limitations that may apply to these transactions.
e. Bill Pay. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User
Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. We will not
process any bill payment transfer if the required transaction information is incomplete.
We will withdraw the designated funds from your share draft account for bill payment transfer by the designated cutoff 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 schedule 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.
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The following limitations on Bill Pay transactions may apply:
– There is no limit on the number of bill payments per day.
a. Ownership of Cards. Any card or other device which we supply to you is our property and must be returned to us, or to
any person whom we authorize to act as our agent, or to any person who is authorized to honor the card, immediately according
to instructions. The card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer
your card or account to another person.
b. Honoring the Card. Neither we nor merchants authorized to honor the card will be responsible for the failure or refusal to
honor the card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to
accept a credit to your account in lieu of a cash refund.
c. Foreign Transactions.
Visa. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The
exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate
selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which
rate may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing
date. The exchange 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.
A fee of 1.00% of the amount of the transaction, calculated in U.S. dollars, will be imposed on all foreign transactions, including
purchases, cash withdrawals and credits to your account. A foreign transaction is any transaction that you complete or a
merchant completes on your card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S.
embassies or U.S. consulates.
d. Security of Access Code. You may use one (1) or more access codes with your electronic fund transfers. The access
codes issued to you are for your security purposes. Any access codes issued to you are confidential and should not be
disclosed to third parties or recorded on or with the card. You are responsible for safekeeping your access codes. You agree not
to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize
anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit
Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of
your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate
your EFT services immediately.
e. Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any
authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or
from any share and share draft or loan accounts as provided in this Agreement. Each joint account owner, without the consent
of any other account owner, may, and is hereby authorized by every other joint account owner, make any transaction permitted
under this Agreement. Each joint account owner is authorized to act for the other account owners, and the Credit Union may
accept orders and instructions regarding any EFT transaction on any account from any joint account owner.
4. FEES AND CHARGES — There are certain fees and charges for EFT services. For a current listing of all applicable fees,
see our current Schedule of Fees and Charges that was provided to you at the time you applied for or requested these
electronic services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable
If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any international, national,
regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do
not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or
continue with the balance inquiry.
5. MEMBER LIABILITY — You are responsible for all transactions you authorize using your EFT services under this
Agreement. If you permit someone else to use an EFT service, your card or your access code, you are responsible for any
transactions they authorize or conduct on any of your accounts.
TELL US AT ONCE if you believe your card or access code has been lost or stolen, if you believe someone has used your card
or access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has
been made without your permission using information from your check. Telephoning is the best way of keeping your possible
losses down. You could lose all the money in your account (plus your maximum overdraft line-of-credit). If a transaction was
made with your card or card number without your permission and was a Visa transaction, you will have no liability for the
transaction, unless you were fraudulent or negligent in the handling of your account or card.
For all other EFT transactions involving your card or access code, including if you were negligent in the handling of your account
or card, your liability for an unauthorized transaction is determined as follows. If you tell us within two (2) business days after you
learn of the loss or theft of your card or access code, you can lose no more than $50.00 if someone used your card or access
code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your card
or access code and we can prove we could have stopped someone from using your card or access code without your
permission if you had told us, you could lose as much as $500.00.
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Also, if your statement shows transfers that you did not make including those made by card, access code or other means, TELL
US AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost
after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a
good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your card or access code has been lost or stolen or that someone has transferred or may transfer money from
your accounts without your permission, call:
or write to:
Valwood Park Federal Credit Union
1001 E. Crosby Rd
Carrollton, TX 75006
Fax: 972-245-6783
You should also call the number or write to the address listed above if you believe a transfer has been made using the
information from your check without your permission.
a. Periodic Statements. Transfers and withdrawals made through any debit card transactions, preauthorized EFTs, online/PC
transactions or bill payments you make will be recorded on your periodic statement. You will receive a statement monthly unless
there is no transaction in a particular month. In any case, you will receive a statement at least quarterly.
b. Terminal Receipt. You can get a receipt at the time you make any transaction (except inquiries) involving your account
using an ATM and/or point-of-sale (POS) terminal.
c. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every 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 972-446-0540 or 800-468-8952. This does not apply to transactions occurring outside the United States.
7. ACCOUNT INFORMATION DISCLOSURE — We will disclose information to third parties about your account or the
transfers you make:
– As necessary to complete transfers;
– To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a credit
bureau or merchant;
– If your account is eligible for emergency cash and/or emergency card replacement services and you request such services,
you agree that we may provide personal information about you and your account that is necessary to provide you with the
requested service(s);
– To comply with government agency or court orders; or
– If you give us your written permission.
8. BUSINESS DAYS — Our business days are Monday through Friday, excluding holidays.
9. CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS — If we do not complete a transfer to or from your
account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages.
However, we will not be liable for direct or consequential damages in the following events:
– If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your
accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy
Disclosure, 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, online/PC, or mobile 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.
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10. NOTICES — All notices from us will be effective when we have mailed them or delivered them to the appropriate address in
the Credit Union’s records. Notices from you will be effective when received by the Credit Union at the address specified in this
Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to
you at least 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 ATMs and night deposit facilities:
– Be aware of your surroundings, particularly at night.
– Consider having someone accompany you when the ATM or night deposit facility is used after dark.
– Close the entry door of any ATM facility equipped with a door.
– If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you
complete your transaction. If it is after the regular hours of the financial institution and you are using an ATM, do not permit
entrance to any person you do not know.
– Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your
money in your purse or wallet. Count the cash later in the safety of your car or home.
– If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or
coming back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction,
take your card or deposit envelope, and leave.
– If you are followed after making a transaction, go to the nearest public area where people are located.
– Do not write your personal identification number (PIN) or access code on your ATM card.
– Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police from the
nearest available public telephone.
11. BILLING ERRORS — In case of errors or questions about electronic fund transfers from your share and share draft
accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or
send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent
the FIRST statement on which the problem appears. Call us at:
or write to:
Valwood Park Federal Credit Union
1001 E. Crosby Rd
Carrollton, TX 75006
Fax: 972-245-6783
– Tell us your name and account number.
– Describe the electronic transfer you are unsure about and explain, as clearly as you can, why you believe the Credit Union
has made an error or why you need more information.
– Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error has occurred 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 45** days to investigate your complaint or question. If we decide to
do this, we will credit your account within ten (10)* business days for the amount you think is in error so that you will have the
use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in
writing and we do not receive it within ten (10) business days, we may not credit your account.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error,
we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
* If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days
instead of ten (10) business days to investigate the error.
** If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a
point-of-sale (POS) transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and
territories, we will have 90 days instead of 45 days to investigate the error.
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 or your account history warrant a delay, in
which case you will receive credit within ten (10) business days.
12. TERMINATION OF EFT SERVICES — You may terminate this Agreement or any EFT service under this Agreement at any
time by notifying us in writing and stopping your use of your card and any access code. You must return all cards to the Credit
Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We
may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify
any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been
terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer
not to accept your card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the
termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.
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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 Texas, and local clearinghouse rules, as amended from time to time. Any disputes regarding
this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
14. ENFORCEMENT — You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this
Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we
bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law,
to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any
postjudgment collection actions.