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Online Access and Online BillPayer Service Agreement and Disclosure

1. Introduction
   This Agreement and Disclosure describes the types of Electronic Fund Transfers (EFTs) available with Educational Employees Credit Union's Online Access and Online BillPayer Services and provides information about your rights and responsibilities concerning those transactions. This Agreement applies only to transactions initiated using Online Access and/or Online BillPayer services. In this Agreement, "you" and "your" refer to the member and joint owner or authorized user of the member's account(s). "We," "us," "Credit Union" and "EECU" refer to Educational Employees Credit Union. The "Service" refers to EECU's Online Access and/or Online BillPayer service. By applying for or using Online Access and/or Online BillPayer or allowing others to do so, you consent to the terms of this Agreement and Disclosure. A printed copy of this disclosure may be obtained from our web site at www.eecufresno.org, or, if you would like us to mail a printed copy you may notify us at the telephone number or address listed in Section 22 entitled "In Case of Errors or Questions About Your Electronic Transfers.
2. Account Access
   Any account owner who has the Personal Identification Number/Password (PIN) or any person to whom you or your joint owner have given the PIN is an authorized user of your accounts and can conduct any transaction on your accounts that you can conduct yourself. Once you have Online Access service, you or any authorized user can add Online BillPayer by enrolling on-line. You are responsible for all transactions authorized users make, whether or not they stay within the scope of permission you give them to use your accounts. The only way to stop an authorized user from accessing your accounts is for you to go online and choose another PIN known only to you or contact the credit union to deactivate Online Access on your account.
3. Business Days/Hours of Operation
   EECU business days are every day except Saturday, Sunday and federal holidays. All references to time of day in this Agreement refer to Pacific Standard Time. Online Access and Online BillPayer are generally available 24 hours a day, 7 days a week. The system may be temporarily unavailable for brief periods of maintenance or in emergency situations. In addition, Online BillPayer is made available pursuant to a license agreement by and between EECU and Online Resources & Communications Corporation. Any interruption of service or access caused by Online Resources will also prevent your use of the Service.

   

4. Your Personal Identification Number/Password (PIN): Keep It Secret.
   When you initiate Online Access service, you will be assigned a confidential PIN/Password (PIN). This PIN may be customized after the first time it is used to log into your account. When you customize your PIN, choose a PIN that you can remember easily, but not a PIN that can be easily guessed by others, such as your birthday or your phone number. Do not write your PIN near your computer or in other locations where it can be easily found and identified by others. You agree not to disclose or otherwise make your PIN available to anyone not authorized to sign on your accounts.
5. Service Equipment and Technical Requirements
   

   To use Online Access you must have an EECU membership account. To use Online BillPayer you must have a membership account, a checking account and must be enrolled in EECU's Online Access service.

   To access the Service, you must have a personal computer with Internet access. The minimum system requirements are:

   • Web browser software which uses 128-bit security encryption, such as Netscape 4.74 or higher, Internet Explorer 5.5 or higher, or America Online 5.0 or higher.
   • Your browser must have cookies and Java enabled to access our secure site.

   Optional personal financial management software such as Microsoft Money version 2000 or higher, Intuit Quicken version 2000 or higher, or Intuit Quicken for Mac version 2001 or higher may be used to access your account information.

   

6. Available Transactions
   You can use Online Access and/or Online BillPayer to:
   1. Transfer funds electronically between your savings and checking accounts (Transfers).
   2. Obtain account information such as savings, checking, and loan balances; the amount and date of recent deposits; savings, checking, and loan transaction history; loan payment and payoff amounts.
   3. Transfer funds from your accounts to make payments on your EECU loans or your EECU Visa.
   4. Obtain loan advances from your EECU signature line-of-credit, overdraft protection loan, or home equity line of credit. Loan advances may be in the form of a transfer to a Share account that you designate, or by withdrawal of a cashier's check payable to the primary member and mailed to the address in file on your account.
   5. Change your PIN.
   6. Obtain tax information including interest paid on loans and/or dividends earned.
   7. Transfer funds between your accounts and the accounts of another member upon completion of required forms (Cross Account Transfers).
   8. Access your checking account(s) to pay most bills on-line (Bill Payments).
   9. Withdraw funds from savings, checking or a line of credit in the form of a check payable to the primary member and mailed to the member's address on file with EECU.
   10. Obtain Visa account balance, payment information, and account history (Online Visa statement).
   11. Change your e-mail address.
   12. Apply for a loan.
   13. Sign up for e-Mail Services to receive e-mail from the credit union.
   14. Sign up for eStatements, which will provide you with electronic instead of paper account statements.
   15. Stop payment on checks you have written.
   16. Reorder checks.
   17. View images of checks that have cleared your account.

   

7. Transaction Limitations
   
   1. Limit on Amount of Transfers. There is a dollar limit of $9,999.99 (or the available balance, whichever is less) on any Bill Payment initiated through the Service. Transfers between your EECU accounts are limited to the dollar amount available in the account the funds are being transferred from.
   2. Limit on Number of Transfers. You may not make more than six total transfers per month out of your savings accounts when transfers are made by: Personal Telephone Access, Online Access, Online BillPayer, pre-authorized automatic payment, or telephonic agreement. You may make an unlimited number of transfers out of checking accounts by any authorized means, provided you have available funds. There is no limit on the number of deposits into your share accounts.
   3. Time Limit on Transfers to Pay EECU Loans. If you use Online Access or Online BillPayer to make payments on loans you have with EECU, you must complete the transfer before the close of business on the payment due date. If the payment due date falls on a weekend or holiday, you must complete the transfer on the business day before the due date. Paying more than the minimum amount may not extend your next payment due date.
   4. Limit on Transfers to EECU Visa Card. Online Access transfers from your Share savings or checking account to your EECU Visa will not post immediately. Payments transferred using Online Access will be applied to your Visa account within two business days. Payments made electronically using Online BillPayer will be applied to your Visa account within four business days. Use our Online Visa statement to view your current EECU Visa credit card information. Cash advances or transfers from your Visa credit card are not available online.
   5. Overdraft Protection. If you have overdraft protection on your checking account, your request for an Online Access or Online BillPayer transfer out of your checking account will be considered a request for an overdraft protection transfer or loan advance if it is needed to complete the transaction. Overdraft protection will be handled in a manner consistent with the overdraft services you previously requested and have available at the time. Overdraft protection is only available on checking accounts. Requests for transfers out of other accounts in which you do not have available funds will be denied.

   

8. Transaction Procedures for Transfers and Bill Payments
   
   1. Transfers between your EECU savings, checking and loan accounts may be processed by clicking on the transfer button in the Personal Finance section of Online Access. Follow the instructions provided. Transfers are normally processed immediately and can be verified by viewing your available balances before and after processing a transfer.
   2. Bill Payments may be processed in two modes: "One-Time" or "Recurring."

      "One Time." If you designate a Bill Payment as a "One Time" transaction, you may request that the transaction be made on a future date that you designate up to 364 days in advance of the Payment Start Date. The processing date will be the Payment Start Date you entered, or the next business day should the Payment Start Date fall on a weekend or holiday. Sufficient funds must be available by close of business on the payment start date, and will be deducted from your account after close of business on the Payment Start Date, or the following business day if the Payment Start Date is on a weekend or holiday. "One Time" bill payment transactions may be modified or deleted from your pending payment list until close of business on the Payment Start Date.

      "Recurring." If you designate a Bill Payment as a "Recurring" transaction, you may request, and EECU will use, a Payment Date that recurs on a specified basis (i.e. weekly, bi-weekly, monthly, etc). You may designate the maximum number of payments either by entering a number in the Number of Payments field, or a date in the Payment End Date field. Sufficient funds must be available by close of business on the Payment Date, but will be deducted from your account after close of business on the Payment Date, or the following business day if Payment Date is on a weekend or holiday. "Recurring" bill payment transactions may be modified or deleted from your pending payment list until close of business on the Payment Date.

   

9. Bill Payment
   
   1. Account Designation and Payees. Bill Payments you make through Online BillPayer will be deducted from your checking account. Each payee you wish to pay through the Service must appear on the payee list you create. All payees must be payable in U.S. dollars and be located in the United States. You may not make payments pursuant to a court order, to a federal, state or local governmental or tax unit, collection agencies, or to other payee categories that we may establish from time to time. You may set up a maximum of 99 payees.

      Payee Setup. Payees may be selected from an established Find Payee List. These payees indicate the payment method of electronic or check. Payees selected from the list will be Active and available for immediate use.

   2. New Payee Verification. It may take up to 14 calendar days to verify new payee information when set up via Add Payee. During the verification process, the new payee will be Inactive and no payments will be allowed until the status of the new payee is Active. You should continue to make your payment as you normally would until a payment method has been established and the payee becomes Active, indicating that verification has been completed.
   3. Processing. Funds will be taken out of your checking account on the Payment Date entered by you, or the following business day.

      In many cases, your bill payments are electronically delivered to the payee within two business days of the Payment Date. However, you should allow four business days from the day the funds are withdrawn from your EECU checking account, to the day your payment is applied to your account at the payee, when the payment method is Electronic. Some payees are not set up to accept electronic payments. In these cases, a check will be sent by mail. Allow at least seven business days for a check to be delivered to the payee. The Payment Method of Electronic or Check shows on your Payee List for each payee in Online BillPayer.

   4. Your Responsibility. You must allow sufficient time for Online BillPayer to receive and process your payment request so that funds can be delivered to the payee before the payment due date. Your due date is the due date shown on your billing statement or invoice, or the due date established in your agreement with the payee, and does not take in consideration any grace period provided by the payee. As an exception, mortgage payments may be scheduled on or before the due date. If you do not allow sufficient time for a payment to be delivered, you will assume full responsibility for all late fees, finance charges, or other action taken by the payee.
   5. Insufficient Funds. If a bill payment is not processed because there are insufficient funds available in your account, you will be notified by mail at the last address shown on our records. A fee will be charged to your account as listed in the current Schedule of Fees. In all cases, you are responsible for either making alternate arrangements for the payment, or rescheduling the payment through Online BillPayer. In no case will we automatically resubmit a payment for you after funds have become available.

      We may consider paying NSF Bill Payments through out Platinum Overdraft Program. Platinum Overdraft means that we may, at our sole discretion, pay an item over the amount available in your checking account in anticipation that you will make an immediate deposit to bring your account to a positive balance. If we choose to do this you will be notified by mail. The NSF fee will be charged regardless of whether the NSF transaction is paid or not. Platinum Overdraft is a member service and we are under no obligation to pay items when your account has non-sufficient funds, even if previous NSF transactions were paid.

   6. Payment Inquiry For Payments Not Applied. A billing statement, invoice, or late notice from your Payee may not reflect recent payments. Contact your Payee/merchant regarding the payment in question prior to contacting our Member Service Center for assistance. If your bill payment was not applied to the intended account, contact our Member Service Center at (559) 437-7700 or 1-(800)-538-EECU. Be prepared to verify the Payee/merchant's name and address, the account number at the Payee, the person's name on the billing statement/invoice and other details requested about the payment in question. We will open a payment inquiry with our bill payment processor for research and correction of the payment in question. If the payment cannot be applied at the designated payee, funds will be redeposited to your checking account. Allow two weeks for a payment inquiry to be resolved.
10. Documentation
    Confirmation Number. Upon completion of a transaction using Online Access a confirmation number will be given. Online BillPayer will provide a transaction number. You should record this number, along with the payee, scheduled date and transaction amount in your checkbook register (or other permanent record), because this will help in resolving any problems that may occur. No printed receipts are issued through the Service.
    1. Periodic Statements. Information about Online Access and Online BillPayer transactions will be shown on your normal statement for the account to and from which transfers or payments are made. You will get a statement monthly, if you have a checking account or in any month in which you have electronic funds transfer activity. All members receive statements at least quarterly.
    2. Notices. Notices will be sent to the primary account owner at the last address shown in our records. On joint accounts, notice to the primary owner will be deemed notice to all account owners.

    

11. Stop Payments
    
    1. Stop Payment on a Check. You may use Online Access to place a stop payment on a check or range of checks drawn on your personal EECU Share Draft/checking account. A fee will be charged to your account as listed in the current Schedule of Fees.
    2. Stop Payment on Bill Payments. Bill Payments submitted by electronic transfer can not be stopped once they have been deducted from your account. However, it may be possible to place a stop payment on a bill payment made by check. Contact our Member Service Center with your request to place a stop payment on a bill payment sent by check. Our bill payment processor will, if possible, place this stop payment, and the fee assessed by them will be deducted from your account. If we are unable to stop a bill payment, you must resolve any disputes directly with the payee.
    3. Cancel a Pending Bill Payment. Pending bill payment transaction requests may be modified or deleted from your Pending Payments list until close of business on the Payment Date.
    4. Delete a Payee. You may completely delete a payee and all pending payments for that payee by using the Delete Payee function on your Payee list.
12. Privacy
    EECU will share information about your accounts and transfers only to:
    1. Process transactions on your behalf;
    2. Conduct the operations of our credit union;
    3. Protect the security of your account or our financial records;
    4. Comply with validly-issued legal processes and court orders;
    5. Report credit and account experience information to consumer reporting agencies
    For additional information about how we protect your privacy, see our separate Privacy Notice or visit our web site, http://www.eecufresno.org
13. Security Procedures
    Information about our security procedures for Online Access and Online BillPayer is provided when you access the system. If you believe that the security procedures are insufficient, you can decline to activate or deactivate Online Access and/or Online BillPayer.

    

14. Fees
    There are no fees for the use of our Online Access or Online BillPayer service. However, fees may be incurred for specific requests made while using the service. Please see the Credit Union's Schedule of Fees for fees related to the use of Credit Union accounts.
15. Your Liability for Unauthorized Transactions
    Tell us immediately if you believe an unauthorized person has obtained access to your PIN/Password (PIN) or may transfer money out of your accounts without your permission. Change your Online Access PIN/Password immediately to maintain the security of your account. Call us at (559) 437-7700 or (800) 538-EECU during business hours, or send us a fax any time at (559) 451-0198. You can also write to us at EECU, Electronic Services, P.O. Box 5242, Fresno, CA 93755. If you don't notify us within the time limits detailed in this section, you could lose all of the money in your accounts plus money in any account or line of credit you have designated for overdraft protection. If you tell us of the loss, theft or other potential unauthorized use of your PIN within two business days after you learn of it, your loss will be no more than $50. If you do not tell us within two business days after you learn of the loss, theft or other potential unauthorized use of your PIN, and we can prove we could have stopped someone from using it if you had told us in time, you could lose as much as $500. If your statement shows transfers that you did not authorize, notify us immediately. If you do not notify us within 60 days of our mailing the first statement on which the unauthorized use appeared, you may not be reimbursed for funds lost provided we can prove that we could have stopped someone from taking the money if you had told us on time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time period. If Online Access or Online BillPayer are used without your permission to obtain line of credit advances (other than overdraft protection obtained indirectly via checking account use), the rules for unauthorized use contained in the applicable Loan Agreement and Disclosure apply. In general, your liability will be limited to $50.

    

16. Credit Union Liability
    
    1. If we do not properly complete a Transfer on time or in the correct amount according to our agreement with you, we will be liable for your direct losses or damages (not to exceed the amount of the transaction). However, there are exceptions. We will not be liable if, for instance:
    2. Through no fault of ours, your account does not contain enough money or you do not have available credit to make the transfer;
    3. The Online Access and Online BillPayer system was not working properly and you knew about the breakdown when you initiated the transaction;
    4. Your PIN was reported lost or stolen and we have blocked its use;
    5. Circumstances beyond our control, such as fire, flood, electrical failure, or malfunction of the central data processing facility prevent completion of the transaction in spite of our reasonable precautions;
    6. Your account is "frozen" because of a court order or some similar legal action;
    7. We establish other lawful exceptions and give you notice required by law of them.
    8. In no event will we be liable for consequential, indirect, or punitive damages. The Credit Union will carry out written instructions from you and authorized users of your accounts. We will not incur liability for carrying out written instructions in a reasonable manner. You agree to indemnify the Credit Union and hold us harmless from any and all liability we incur as a result of following your written instructions in a reasonable manner.

       EECU is responsible only for exercising ordinary care in making payment upon your authorization and for mailing or sending a payment to the designated payee. EECU is not liable in any way for damages you incur if you do not have sufficient funds in your account to make the payment on the processing date, if the estimate of time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to account correctly for or credit the payment in a timely manner or for any other circumstances beyond the control of EECU.

    

17. E-mail Capabilities and Limitations
    Electronic mail (e-mail) may be sent to EECU via the Internet. The Credit Union may not immediately receive and review e-mail messages that you send. We will research and/or respond to your e-mail message as appropriate. We will NOT process any request for a transfer of funds received via e-mail.
    1. Further, the Credit Union may not act upon requests where the Credit Union would normally require written notification or your authorizing signature without first confirming the authenticity of the e-mail request/notification via telephone. These may include the following:
    2. Stop payment requests
    3. Requests for replacement of PINs
    4. Lost/stolen PIN or unauthorized transaction reports (refer to the "Your Responsibility for Unauthorized Transactions" section)
    5. Reports of lost/stolen ATM or Visa cards
    6. Address change requests In some instances, written confirmation reflecting your authorizing signature may still be required. The Credit Union will not take action based on other e-mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act.
18. Authorization to Charge Accounts
    You authorize us to charge your designated account(s) for any transactions accomplished through Online Access or Online BillPayer, including the amount of any Bill Payment or Transfer that you make, and any associated fees. You authorize us to process bill payments and to transfer funds according to the instructions we receive, if you provide the instructions through Online Access or Online BillPayer. You authorize us to initiate any reversing entry or reversing file and to debit your accounts at EECU or elsewhere, in order to correct any mistaken credit entry. You understand that if a Bill Payment request describes the beneficiary inconsistently by name and account number, execution of the request will occur on the basis of the account number, even if it identifies a person different from the named beneficiary.

    

19. Changes in Terms; Cancellation
    The policies and procedures outlined in this disclosure were in effect on the date of publication. The Board of Directors reserves the right to change Credit Union policy at any time without prior notice. Please contact us if you wish to determine if any changes have been made. You will receive at least 21 days advance written notice of any change, deletion from, or addition to this Agreement that will adversely affect you. Your continued use of Online Access and/or Online BillPayer after the effective date of the change will constitute your agreement to the changed terms. If you do not want a new or changed term to apply to your use of Online Access and/or Online BillPayer, please notify us in writing to discontinue your Online Access and Online BillPayer services. You agree that we can terminate this Agreement and your use of Online Access and Online BillPayer if:
    1. You or any authorized user of your Online Access or Online BillPayer service breach this or any other agreement between us,
    2. We have reason to believe that there has been or may be unauthorized use of your Online Access or Online BillPayer Service,
    3. There are conflicting claims to funds in your accounts,
    4. You or any authorized signer asks us to do so,
    5. You attempt transfers when you do not have available funds or overdraft protection available to cover them, or
    6. You do not use the service for 90 days.
    7. We reserve the right to discontinue the Online Access and Online BillPayer programs at any time by giving you advance notice.
20. General Terms
    
    1. When you use Online Access or Online BillPayer to access your accounts or loans, the Credit Union agreements that govern those accounts or loans (such as your Checking Account Agreement or Open End Loan Agreement and Disclosure) also apply.
    2. Non-cash items you deposit to your accounts may not be available for immediate withdrawal. Please refer to our Funds Availability Schedule.
    3. We may report you to consumer reporting agencies that report account abuses or loan delinquencies if you fail to meet the terms of this or other agreements governing your accounts or loans with us.
    4. Online Access and Online BillPayer services are designed and intended to be used for personal, family and household purposes. The Service is not designed for commercial use.
    5. California law and applicable federal law, including but not limited to Federal Reserve Regulation E, govern this Agreement.

       If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.

    

21. Enforcement
    If an authorized Online Access or Online BillPayer transaction results in a negative balance in any of your accounts, you agree to restore the negative balance immediately upon our demand. If you do not do so, you agree that we can take funds from any Credit Union account in which any owner of the negative balance account has an interest to recover all or part of what you owe us. Our exercise of this right in the event of a negative balance is not an election of remedies and will not waive our right to pursue all other legal means of collecting what you owe us. You agree to pay all of our reasonable collection costs before we take legal action to collect what you owe us. If we do take legal action to collect what you owe us, you agree to pay our reasonable attorney's fees and costs of suit in addition to any other remedy the court finds proper. "Legal action" includes but is not limited to a collection lawsuit, an action to protect our interests if you become a debtor in bankruptcy, an appeal, or any other type of legal proceeding.
22. In Case of Errors or Questions About Your Electronic Transfers
    If you think that an electronic transfer shown on your statement is wrong, or if you need more information about a payment or transfer, contact us immediately. You may call us at (559) 437-7700 or (800) 538-EECU, send a fax to us at (559) 451-0198, or you can write us at Educational Employees Credit Union, Electronic Services, P.O. Box 5242, Fresno, CA 93755-5242. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. A statement is considered sent when it is first made available. For an electronic statement, that is as soon as it is posted.
    1. Tell us your name and account number;
    2. Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe there is an error or why you need more information; and
    3. Tell us the date and 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 business days. We will tell you the results of our investigation within ten 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 business days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten business days for the amount you think is in error, so you will have the use of the money while we complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten business days, we may not re-credit your account during our investigation.

       We will tell you the results of our investigation in writing within three business days of concluding it. You may ask for copies of the documents we used in the investigation.

       If a notice of error involves an electronic funds transfer that occurred within thirty (30) days after the first deposit to the account was made, the applicable time period for action shall be twenty (20) business days in the place of ten (10) business days. If a notice of error involves an electronic funds transfer that was initiated in a foreign country, the applicable time period for action shall be ninety (90) calendar days in place of forty-five (45) calendar days.

       If we determine that we made an error, we will credit your account, or change a provisional credit to a permanent credit, within one business day. If we determine that there was no error, we will reverse any provisional credit we made to your account. If our reversing a provisional credit results in checks overdrawing your account, we will pay them for five business days after the reversal. However, you will still be responsible for paying us any amount by which your account is overdrawn. In no event will we pay items that overdraw your account in excess of the amount of the reversed provisional credit.

    If the error or question relates to the use of Online Access or Online BillPayer to access lines of credit (other than overdraft protection advances that occur because of checking account access), please refer to the applicable Loan Agreement and Disclosure for error resolution procedures.

© 1999 Greene & Allison
All rights reserved.
07/05

ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE STATEMENT

The following will tell you about rights and responsibilities, yours and ours, when you use Electronic Funds Transfer (EFT) services offered or accepted by Educational Employees Credit Union. Please read the following carefully and retain a copy with your Credit Union records.

You agree that the retention and use of any plastic card, confidential Personal Identification Number (PIN) or other access device that EECU issues to you will be subject to the following terms. In the Agreement, "you" and "your" refer to any and all persons who have applied for and been issued any of the electronic services included in this agreement and any related PIN. "We", "us" and "our" refer to EECU. "Checking account" refers to EECU share draft accounts. "Savings account" refers to EECU share accounts.

By initiating inquiries and/or funds transfers through EECU's EFT services, you acknowledge receipt of this Agreement and Disclosure and agree to be bound by all terms and conditions contained herein, and all applicable terms and conditions contained in our other agreements with you governing your checking, savings, and loan accounts accessible in connection with this service. The terms and conditions of this Agreement and Disclosure are in addition to the terms and conditions of any and all other share accounts and credit agreements, including all such disclosures made pursuant to such agreements you have with the Credit Union.

Electronic Funds Transfer Services. The following services are offered or accepted by EECU and allow you to access your Credit Union account 24 hours a day, 7 days a week.

1. Automated Teller Machines (ATMs). EECU's ATM and Visa Check Cards can be used at EECU owned OptionTeller ATMs and similar facilities around the country. Any ATMs and facilities displaying the logos that are shown on your card and other such machines or facilities, as we may designate, are part of EECU's extensive network.
2. You may use your card to access the following services:
   • Withdraw cash from your checking, savings, or consumer line of credit account;
   • Make deposits to your checking or savings account;
   • Initiate funds transfers between your checking, savings, consumer line of credit or overdraft line of credit loan established under the same primary account number;
   • Access your overdraft line of credit or savings account to cover overdrafts on your checking account;
   • Gather account information.
   Some of these services may not be available at all ATMs. A fee may be charged for certain transactions completed at network ATMs. See current Schedule of Fees.
3. Point of Sale Terminals. If you have a checking account with us you may use an ATM or VISA Check Card and Personal Identification Number (PIN) to purchase groceries, merchandise and gas at any location displaying the NYCE or STAR© logo.
4. Other Debit Transactions.
   • The OptionTeller Plus Check Card bears the VISA logo but it is not a credit card.
   • The check card enables you to authorize the Credit Union to make payments from your Credit Union checking account without writing a check. You can use the card to pay participating merchants for goods or services, either through a point-of-sale terminal or by a signature transaction. You can also use it to obtain cash from ATMs displaying any of the network logos pictured on the back of your card.
   • You may also obtain cash advances from your checking account using your VISA Check Card at financial institutions participating in the Visa program.
   • Use of the card authorizes the Credit Union to charge your checking account for the full amount of the transaction plus any applicable service fees.
5. Overdraft Line of Credit. If you have an Overdraft Line of Credit, you are also requesting Check Card access to your line of credit by overdraft protection transfer.
6. Personal Telephone Access (PTA). Personal Telephone Access is EECU's touch-tone telephone service that allows you to access the following services:
   • Withdraw funds from your checking, savings, or line of credit accounts by check, made payable to you and mailed to your address on record at EECU;
   • Initiate funds transfers between your checking, savings, consumer line of credit or overdraft line of credit loan established under the same primary account number, or linked accounts;
   • Make loan payments on your account;
   • Find out which checks have cleared;
   • Verify your account balances;
   • And more.
   PTA does not provide access to Visa Credit Card accounts.
7. Automated Clearing House (ACH) Deposits and Withdrawals. ACH allows you to establish preauthorized deposits and withdrawals from your EECU account. This service allows you to pay or receive recurring payments.
8. Electronic Checks. E-checking may be available. An e-check is a regular paper check you write, usually to a retail merchant, who converts the check into an electronic funds transfer at the point of sale.

Issuance and Confidentiality of Your Personal Identification Number (PIN). For purposes of this section, the words Personal Identification Number (PIN) shall also mean "Password".

1. ATM, Visa Check Card and PTA. We will issue a confidential PIN for access to ATM, Visa Check Card and PTA services. You may customize your ATM or Check Card PIN by visiting any branch. You can customize your PTA PIN using the PIN function on the PTA service.
2. PIN Security.

• Your PIN is confidential and should NOT be disclosed to others or recorded on your plastic cards or records located on or around your cards or personal computer. Safeguard your PIN by keeping it a secret and storing it in your memory only.
• You agree not to disclose or otherwise make your PIN available to anyone not authorized to conduct any transaction on your account that you could conduct yourself.
• If you authorize anyone to use your PIN, that authority shall continue until you specifically revoke such authority by changing the PIN or by notifying the Credit Union and obtaining a replacement PIN.
• You understand that if you reveal your PIN to anyone, you have authorized that individual to transfer and withdraw funds from any of your accounts which can be accessed by the PIN, regardless of whether that person is authorized to transfer or withdraw funds from the account(s) by any means other than by use of any EECU electronic services.
• If you fail to maintain the security of your PIN and the Credit Union suffers a loss, we reserve the right to terminate electronic services to you under this Agreement and Disclosure as well as other Credit Union deposit and loan services.

Limits on Services. The following limitations for dollar amounts and number of transfers may apply in using the services listed above:

1. Dollar Amounts:
   • ATM Transactions. Your daily cash withdrawal limit ranges from $100 to $500 per day based upon your approval limits. This includes the combination of savings, checking or line-of-credit loan withdrawals.
   • Transfers at POS Terminals. The maximum amount you may purchase through POS transactions ranges from $100 to $2,500 per day, based on your approved limits. This includes POS purchases from ATMs (i.e. Travelers Cheques, postage stamps, etc.), as well as with participating merchants, (i.e. grocery stores, gas stations, etc.).
2. All ATM or VISA Check Card Transactions. The total amount of purchases and cash advances you may make using an ATM or Visa Check Card is limited by the available balance in your checking account, plus any funds available through the automatic overdraft protection plan, less any outstanding checks, items or ATM Visa Check Card authorizations not yet received or processed by us.
3. Limit on Number of Non-Personal Transfers from Non-Transaction (Savings) Accounts. Federal regulation requires that during any monthly statement period, you may not make more than six transfers from any savings account to another of your Credit Union accounts, or to a third party, by means of electronic transfer via Online Access, PTA, preauthorized or automatic transfer or facsimile machine. Transfers to make payments on your loans at the Credit Union or withdrawals by check are excluded from this limitation. There is no limit on the number of non-personal transfers or withdrawals you can make from your checking accounts nor is there a limit on the number of non-personal transfers you can make into your savings accounts.
4. Allowable Transactions. OptionTeller ATM, OptionTeller VISA Check Cards, and other Credit Union EFT services cannot be used for any illegal transaction such as unlawful gambling. To the extent that it is used for an illegal purpose, we do not assume any responsibility for the transaction and are held harmless from any damages. We reserve the right to decline illegal transactions and, if we become aware, cancel your use of the service. The display of a VISA logo on an Internet site does not necessarily mean that the service or product offered is legal in the state in which you reside.
5. Stop Payments.
   • You may not stop payment on any POS transfer or other ATM or VISA Check Card transaction once you have completed your transaction with the merchant.
   • A Stop Payment order cannot be placed once a PTA transfer has been initiated by you and accepted by the system. If you have made a transfer in error, you must reverse the transaction by initiating a correcting transfer. (Note: Transfers cannot be corrected when made as transfer/payments to closed-end loan accounts or on withdrawals in which a check is issued to you. Contact the Credit Union if you require reversal of these transactions or need additional assistance.)
6. Foreign Transaction. Purchases and other transactions made in foreign countries and foreign currencies will be billed to you in U.S. Dollars. The exchange rate between the transaction currency and the billing currency (U.S. dollars) will be (a) a rate selected by VISA from the range of rates available in the wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives, or (b) the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the Credit Union.

E-Mail Capabilities and Limitations. The Credit Union will not immediately receive and review E-Mail messages that you send and will NOT process any request for a funds transfer received via E-Mail.

Further, the Credit Union may not act upon requests where the Credit Union would normally require written notification or your authorizing signature, without first confirming the authenticity of the E-Mail request/notification via telephone. These may include the following:

• Stop payments,
• Requests for replacement PINs,
• Reports of lost or stolen PINs or unauthorized transactions (refer to "Member's Responsibility and Liability for Unauthorized Transfers" for appropriate action),
• Reports of lost or stolen ATM or VISA Cards.

In some instances, written confirmation reflecting your authorizing signature may still be required. The Credit Union will not take action based on other E-Mail requests until the Credit Union actually receives your message and has a reasonable opportunity to act.

Fees. We will charge you for each transfer, withdrawal, and balance inquiry you make at an ATM not owned by EECU (or part of the Co-Op network). Fees are listed in the EECU Schedule of Fees which is incorporated by reference.

When you use an ATM not owned by EECU, you may be charged a fee by the ATM operator and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer.

Non-Sufficient Funds Transactions. A NSF fee as shown on the Schedule of Fees will be charged to your account for every non-sufficient funds POS or ACH withdrawal transaction. We may consider paying your POS or ACH NSF items through our Platinum Overdraft Program. Platinum Overdraft means that we may, at our sole discretion, pay an item over the amount available in your checking account in anticipation that you will make the immediate deposit to bring your checking account to a positive balance. The NSF fee will be charged regardless of whether the NSF transaction is paid or not. Platinum Overdraft is a member service and we are under no obligation to pay items when your account has non-sufficient funds, even if previous NSF transactions were paid.

Receipts, Statements and Notices. You will receive receipts, statements, and notices, according to the type of service you use, so you'll have a record of your electronic funds transfers.

1. Receipts. A receipt will be made available when any ATM, POS or other debit transaction identified in this document is completed. Keep the receipt for your records. If you opt not to receive a receipt, your only record of the transaction will be your monthly account statement.
2. Pre-authorized Transfers. You can use PTA, Online Access or call us at the numbers listed in the section "How to Contact Us" to find out whether or not the deposit has been made.
3. Periodic Statements. You will be mailed a monthly account statement if using any EFT services. At your option, you may sign up for eStatements which will provide you with electronic instead of paper account statements. You must have Online Access and e-Mail Services to sign up for eStatements.
4. Notices. Any notice required or appropriate will be sent to the address on record at EECU or may be provided electronically if you have elected to sign up for our eStatement service. Notices may be included with account statement, EECU publications, or other EECU mailings.

Stopping Pre-authorized Transfers, Reporting Errors or Questions. To stop payment of a pre-authorized transfer from your account, to report errors and to ask other questions, call us at the numbers listed in the section "How to Contact Us."

1. Stopping Pre-Authorized Transfers. In order to stop a preauthorized debit or credit transfer, you are required to contact the originator of the transaction. Then call or write us using the telephone number and address given in the section "How to Contact Us," in time for us to receive your request three (3) business days or more before the transfer is scheduled to be made. If you call, we may also require you to put your request in writing to be received within 14 days after you call. A fee will be assessed for each stop payment request. (See current Schedule of Fees.) The fee will be debited from your checking account. If you follow these instructions, and we are unable to stop the preauthorized debit or credit transfer, we will be liable for your losses or damages in accordance with the law.
2. Errors and Questions. If you think your account statement or receipt is wrong or if you need more information about a transfer listed on your statement or receipt call or write us using the telephone number and address given in the section "How to Contact Us." 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.

• Tell us your name and account number.
• Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• Tell us the dollar amount and the date of the suspected error.

If you tell us verbally, we may require that you send us your complaint or questions in writing within 10 business days. We will tell you the results of our investigation within 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 questions. If we decide to do this, we will re-credit your account within 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 to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within 10 business days, we may not re-credit your account. For errors involving new accounts, Point of Sale (POS), foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. If, after our research, we determine that there is not an error, we will send you a written explanation within three (3) business days after we finish our investigation. We will debit the provisional credit. You may ask for copies of the documents that we used in our investigation.

If you use your ATM card or other access device for direct access to your consumer line of credit, the procedures for resolving errors are those disclosed in our Master Loan Agreement and Disclosure.

Disputes With Merchants Concerning Goods & Services. You agree to indemnify the Credit Union and hold it harmless from any and all claims, damages or liability related to merchant disputes.

Loss or Theft of Your Card or Unauthorized Use of Your Account Through Electronic Means. If you believe your card(s), Personal Identification Number (PIN), or password has been lost or stolen, contact us immediately, any time of day and any day of the week. If you believe that someone has withdrawn or may withdraw money from your account without your permission, contact us immediately.

How to Contact Us.

Call us at (559) 437-7700 or
Toll free at 1-800-538-EECU
Member Service Center Hours
8:00 a.m. - 8:00 p.m. Monday - Friday
(excluding legal holidays)

Evening or Weekends
For lost, stolen or unauthorized use of an OptionTeller ATM or Visa Check Card
1-800-449-7728
Outside U.S. 1-410-581-9994(collect call)
For lost, stolen or unauthorized use of a Visa Credit Card
1-800-VISA-911
Outside U.S. - 410-581-9994 (collect call)

Write us at
Educational Employees Credit Union
P.O. Box 5242
Fresno, CA 93755-5242

Your Liability for Lost/Stolen Cards or Password. Tell us AT ONCE if you believe your card(s), Personal Identification Number, or password have been lost or stolen. 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 fail to notify us immediately.

1. Liability for Unauthorized Use of all Electronic Services Except VISA Check Cards.
   • If you tell us within two (2) business days of learning that your card was lost or stolen, you can be held responsible for no more than $50.
   • If you do NOT tell us within two business days after you learn of the loss or theft and we can prove we could have stopped someone from using your EFT services without your permission if you had told us, you could be held responsible for as much as $500.
   • If your account statement shows a transfer which you did not make, again, 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 you lost after the 60 days, if we can prove that we could have stopped someone from taking money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.
   • If a loan account is accessed indirectly via an overdraft protection advance due to an unauthorized overdraft on your checking account, the points above will govern your liability. If your electronic access device is used for direct access to your consumer line of credit, the procedures for resolving errors and your liability limits for unauthorized use are explained in your Master Loan Agreement and Disclosure.
2. Liability for Unauthorized VISA Check Card Transactions.
   • You agree to report the loss, theft or possible unauthorized use of your card promptly by calling us or writing to us as shown in the "How To Contact Us" section. Calling is the best way to keep losses down. Per VISA operating rules, you will generally have no liability for unauthorized use of your card. However, it benefits all Credit Union members if losses due to unauthorized use claims are kept to a minimum.
   • The zero liability rule does not apply to certain point-of-sale and ATM transactions as set forth in VISA operating rules. If the unauthorized use of your VISA Check Card occurs at a point-of-sale terminal or ATM and VISA operating rules state that you may be liable for the unauthorized use, your liability is determined as follows: (1) You are not responsible for unauthorized use of your card or PIN that occurs after you report the loss or theft to us. (2) If you report the loss or theft of your card or PIN to us within two business days, your liability is limited to $50. (3) If you wait more than two days to report the loss of theft of your card or PIN, you could be liable for up to $500 in unauthorized use if we can prove that we could have stopped the unauthorized use of your card or PIN if you had told us sooner. (4) You must report unauthorized use of your card or PIN within 60 days after we sent you the first statement on which it appeared. If you wait more than 60 days, you may be responsible for any unauthorized use that occurs after the end of the 60-day period, if we can prove that we could have stopped the unauthorized use if you had told us sooner. This means that you can lose all of the money in your accounts and your maximum overdraft line of credit. If a good reason, such as a long trip or a hospital stay prevented you from reporting the loss, theft or unauthorized use of your card or PIN, we may extend the time periods.

EECU's Liability If Transfers or Transactions Are Not Made as Agreed.

1. Exceptions. If we do not properly complete a transaction according to our agreement with you, we will be liable for your direct losses or damages. However, there are some exceptions.
   
   We will not be liable if:
   • Through no fault of ours, you do not have enough money in your account to make the transfer.
   • You are in default on an account where you are attempting a transfer.
   • The transfer exceeds the limit on your consumer line of credit.
   • Your card was reported missing and we have blocked the account.
   • The ATM where you are making the transaction does not have enough cash.
   • The terminal was not working properly and you knew about the breakdown when you started the transfer.
   • The money in your account is subject to legal process, an uncollected funds hold or is otherwise unavailable for withdrawal.
   • There are other lawful exceptions established by the Credit Union and you are given proper advance notice of them.

In no event will the Credit Union be liable for consequential indirect costs or damages.

1. We will follow your instructions. The Credit Union will carry out instructions given to the ATM or other access device by the member or authorized party. We will not incur liability for doing so in a reasonable manner. You agree to indemnify and save the Credit Union harmless from all costs, claims, damages or liabilities which we sustain as a result of carrying out instructions received through any electronic access device by you or any authorized parties in a reasonable manner. If the transaction results in your being indebted to the Credit Union, you agree to repay to us any sum you owe us. You agree to pay to us all costs we incur in attempting to collect such sums from you, including our reasonable attorney's fees and court costs if we have to file a lawsuit against you, proceed against you in bankruptcy court, file an appeal, collect a judgment we have obtained against you, or otherwise take legal action to collect what you owe us.
2. ATM Safety. You should exercise discretion in your use of ATMs. The Credit Union is not responsible for the wrongful acts committed by anyone who is not an authorized agent or employee of the Credit Union regarding your use of ATMs. Report all crimes to local law enforcement officials immediately. We do not guarantee your safety while using the ATM.

System Unavailability. Access to EFT services may be unavailable at certain times for the following reasons:

1. Scheduled Maintenance - There will be necessary periods when systems require maintenance or upgrades;
2. Unscheduled Maintenance - EFT services may be unavailable when unforeseen maintenance is necessary; or,
3. System Outages - Major unforeseen events, such as, but not limited to, earthquakes, fires, floods, computer failures, interruptions in telephone service, or electrical outages, may cause system unavailability.

The Credit Union will make all reasonable efforts to ensure the availability of EFT services. However, the Credit Union is in no way liable for the unavailability of EFT services or any consequential damages that may result.

Disclosure of Account Information. We regard your business with us, and information about your account, as confidential. However, EECU may disclose information to third parties regarding your account or transfers only:

1. With your written permission;
2. To administer the products & services we provide;
3. As required or permitted by a lawful request;
4. To third parties that have a legitimate need for the information such as credit bureaus;
5. When we partner with other businesses to offer a broader array of products and services.

EECU's Business Days. Our business days are Monday through Friday. Legal holidays are not included.

Funds Availability and Accrual of Dividends. Funds from electronic funds transfer credits/deposits will be available on the effective date of the transfer in accordance with our Funds Availability Policy. Dividends begin to accrue on the effective date of the transfer.

Termination of This Agreement.
EECU can change the terms of this agreement by providing 21 days advance written notice to you at your last known address in our records.

EECU can terminate this Agreement and your use of EFT services without prior notice if any of the following occur:

1. You or any authorized user of your EFT services breaches this or any other agreement with EECU;
2. We have reason to believe that there has been or may be unauthorized use of your ATM card or PIN;
3. There are conflicting claims to funds in your account(s);
4. You or any authorized signer on your account asks us to do so. Whether you or the Credit Union terminate this Agreement and Disclosure, the termination shall not affect your obligations under this Agreement and Disclosure for any transfers or payments made prior to termination. You agree to return any access device EECU has issued to you upon termination of this Agreement by you or by us.

Precautions When Using ATMs or Related Devices.

ATM Safety:

• Be aware of your surroundings. Avoid poorly maintained or poorly lighted locations. If you see anyone or anything suspicious, leave the area immediately.
• Bring a friend when using an ATM or night deposit facility after dark.
• Be prepared. Have your card ready before approaching the ATM.
• Shield the ATM keyboard with your body so others cannot observe you entering your Personal Identification Number (PIN).
• Cancel the transaction and put away your card if a suspicious situation develops.
• Put away your money and receipt right after the transaction is complete. Count the cash later.
• If you are followed after leaving an ATM, go to a heavily populated, well-lighted area and call the police.

OptionTeller and OptionTeller Plus Check Card Tips:

• The OptionTeller Plus card bears the VISA logo but it is not a credit card. This card will access your checking account with a PIN or signature depending upon the circumstances.
• Treat your VISA Check Card like cash.
• Memorize your PIN. Never write it on your card or on anything you carry with your card.
• Never tell your PIN to anyone.
• Be wary of giving out account information over the phone.
• Don't withdraw money for an "official" person. No official would ask you to withdraw money for any reason.
• Keep your transaction receipts and verify each one against your statements. If you find an unexplained transaction, notify the Credit Union immediately.
• Report a lost or stolen card to the Credit Union as soon as you discover it is missing.

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