1. Agreement. By signing, using or authorizing use of a Card, or
otherwise initiating a Transfer, you agree to be bound by these Terms and
Conditions.
2. Summary of Your Liability. Tell us AT ONCE if you believe
your Card or PIN has been lost or stolen. Telephoning is the best way of
keeping your possible losses down. If you do not promptly notify us of such
loss or theft, you might lose all your Available Funds. If you tell us within 2
business days after you learn of the loss or theft, you can lose no more than
$50.00 if someone used your Card or PIN without your permission.
If you DO NOT tell us within 2 business days after you learn of the loss or
theft of your Card or PIN, and we can prove we could have stopped someone from
using your Card or PIN without your permission if you had told us, you could
lose as much as $500.00.
3. Telephone Number. 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: (860) 278-7850 ext. 3470 or 3471 during business hours.
4. Types of Transfers and Limits on Transfers
We are able to handle the following types of Electronic Funds Transfers. Some
may not apply to your accounts.
(a) Transfers, You may use:
(1) Your card at automated
teller machines and at other authorized facilities to:
(i) withdraw cash
from your share draft and regular share account;
(ii) transfer funds
between your regular shares and share draft account, subject to any
restrictions
on account linkage which
we may impose;
(iii) pay for
purchases at places that have agreed to honor the card and to accept
payments from
your share draft
account;
(iv) If your card is a Visa Check
Card, you can use your card and signature to pay for purchases from merchants
displaying the Visa® symbol.
(2) A preauthorized Transfer to:
(i) transfer
available funds between your regular shares and share draft account;
(ii) pay certain bills
directly from your regular shares and share draft account;
(b) Limitations on dollar amounts
of Transfers Daily withdrawals from all of your accounts at
automated teller machines shall
not exceed $200. Daily purchases at the point of sale shall not exceed
the lesser of $300. The Credit
Union reserves the right to assign a lower withdrawal limit.
(c) All services may not be
available at all automated teller machines and other authorized facilities,
and withdrawal limitations at
certain automated teller machines and certain other authorized facilities
may differ.
6. Right to Receive Documentation
of Transfers
(a) Terminal
Transfers. You will get a receipt at the time you make any Transfer with
your Card to or
from your account
using automated teller machines or other facilities. However, this receipt is
not final
since each transaction
is accepted subject to verification by us. If there is a conflict between the
receipt
and our records, our
records will control.
(b) Preauthorized credit or
debits. If you have arranged to have direct deposits made to your account
at least once every 60 days from the same person or company, you can call us at
1-860-278-7850 ext. 3461 or 3470 to find out whether or not the deposit has
been made.
We are not liable if we have not
received the direct deposit or preauthorized debit instruction in sufficient
time to process the request on its due date. We may cancel the direct deposit
or preauthorized debit service you receive at any time.
(c) Periodic statements In
connection with your share draft or share account, you will receive a
monthly account statement.
7. Stop Payment Procedure and Notice of Varying Amounts. Unless otherwise provided in
this agreement, you may not stop payment of an electronic fund transfer;
therefore, you should not employ electronic access for purchases of goods or
services unless you are satisfied that you will not need to stop payment.
(a) The Right to stop payment and
procedure for doing so..... If you have told us in advance to make regular payments
out of your account, you can stop any of those payments. Here’s how:
Call us at 1-860-278-7850 ext.
3470 or 3461 or write us at Metropolitan District Employees' Credit
Union, Inc., 555 Main Street, Hartford, CT 06103 in time for us to receive your request 3 business
days or more before the payment is
scheduled to be made.
If you call, we will
require you to put your request in writing within 14 days after you call. When making
an oral or written order for stop payment, you must give us the date the
payment will be made, the amount of the payment and to whom the payment is to
be made. As set forth In the fee schedule governing share draft accounts, a
service charge will be imposed for each stop-payment order you give.
(b) Notice of varying amounts
If these regular payments vary in amount, the person you are going to pay must
tell you 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 transfer. If you order us to stop one of
these payments 3 business days or more before the transfer is scheduled,
and we
do not do so, we will be liable for certain of your losses or damages.
8. Liability for Failure to Make Transfers. If we do not properly complete a
transfer to or from your account on time or in the correct amount according to
our agreement with you, we will be liable for certain of your losses or
damages. However, there are some exceptions. We will not be liable, for
instance;
- If through no fault of ours, your account has
insufficient available funds to make the Transfer.
- If an account which may be accessed by use of your
Card becomes dormant, in which case we will eliminate Card access to that
account.
- If the automated teller machine where you are making
the Transfer does not have enough cash.
- If the system was not working properly and you knew
about the breakdown when you started the Transfer.
- If circumstances beyond our control (such as fire or
flood) prevent the Transfer despite reasonable pre-cautions we have taken.
- If the funds in your account are subject to legal
process, such as garnishment, attachment or other lien.
- There may be other exceptions stated in our
agreement(s) with you
9. Disclosure of Account Information to Third Parties. In order to protect your privacy,
we will not disclose any information about you or your account(s) to any
person, organization or agency except:
(a) where it is necessary for
completing Transfers; or
(b) to verify the existence and
condition of your account for a third party, such as a credit bureau
or merchant; or
(c) to comply with government
agency or court orders, lawful subpoena; or
(d) to our employees, auditors,
service providers, attorneys or collections agents in the course of their
duties; or
(e) to persons authorized by law in
the course of their duties: or
(f) by your written authorization
which will expire automatically 45 days after receipt by us.
If an unauthorized disclosure occurs, we must inform you of
the particulars within 3 days after we discover the unauthorized disclosure.
10. Error Resolution. In case of errors or questions about your electronic
Transfers, telephone us at 1-860-278-7850 ext. 3461 as soon as you can,
if you think your statement or receipt is wrong, or if you need more information
about a Transfer listed on the statement or receipt. We must hear from you no
later than 30 days after we send you the FIRST statement on which the problem
or error appeared.
- Tell us your name and account number.
- Describe the error or the Transfer 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 of the suspected error and
the date that the transaction occurred.
If you tell us verbally, we may require that you send us
question or discrepancy in writing within 10 business days.
We will generally tell you the results of our
investigation within 10 calendar days after we hear from you and will correct
any error promptly. If we need more time, however, we may take up to 45
calendar days to investigate your complaint or question. If we decide to do
this, we will provisionally re-credit your account within 10 calendar 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 question or discrepancy in writing and we do not receive it within 10 business days, we
may not provisionally re-credit your account.
If we find that there was no error, we will send you a written
explanation within 3 business days after we finish our investigation. You may
ask for copies of the documents that we used in our investigation. For a
reasonable fee to cover our costs, we will provide you any copies you request.
If your alleged error concerns a transfer to or from a
third party (for example, a Social Security payment) our investigation may be
limited to a review of our own records. If we decide that there was no error,
you may want to contact such third party to pursue the matter further.
NOTE: You
should retain all of your receipts and record all transactions in your appropriate
account register, e.g., your share draft register.
11. Charges for Electronic Funds Transfers. We do not charge for direct
deposits to any type of account. We do not charge for preauthorized withdrawals
from your share draft account. See our current fee schedule for other electronic
funds transfer fees.
12. Protected Consumer Use of Electronic Funds Transfers. Transferring funds electronically
will supplement the use of checks, credit, and cash and will not replace these
present methods of doing business. As a consumer, you should be aware of your
rights if you choose to utilize this system.
(a) Prohibition of Compulsory
Use. No person may:
- require you to use a preauthorized
electronic fund transfer as a condition of the extension of credit unless the credit
is being extended in connection with an overdraft share draft plan, or being
extended to maintain a specified balance in your account, or
- require you to either accept a
transfer service or to establish an account which is accessed electronically as
conditions of employment or receipt of governmental benefit, or
- require you to pay electronically
for the purchase of goods or services.
If your account is to be credited
by a preauthorized transfer you may choose the financial institution to which
the transfer may be made, if the institution Is technically capable of
receiving such preauthorized transfer.
(b) Refunds. If it is the
policy of a store or retail business to give cash refunds in return for an item
purchased by cash, then this policy must also cover refunds for items purchased
by electronic fund transfer unless it is clearly disclosed at the time the
transaction is consummated that no cash or credit refunds are given for
payments made by electronic fund transfers.
(c) Suspension of Obligations.
If a person agrees to accept payment by means if an electronic fund transfer
and the system malfunctions preventing such a transfer, then the consumer’s obligation
is suspended until the transfer can be completed, unless that person, in
writing, demands payment by other means.
(d) Prohibited Means
of Identification. Your Social Security number cannot be used as
the primary identification number although it can be used as a secondary aid to
identify you,
(e) Criminal Liability. Procuring
or using a card, code or other means of electronic access to an account
with the intent to defraud is a basis
for criminal liability.
SPECIAL TERMS AND CONDITIONS FOR CARDS
13. The Card is your personal Access Device to the account(s)
you select. You will use the Card in accordance with the operating information
which you will receive with your Card and will be responsible for authorized
use of the Card. The Card is intended for your personal use only. Your use or
use by anyone with actual authority or for your benefit constitutes an
authorized use.
The use of the PIN together with your Card is intended to
prevent your Card from being improperly used. In order to protect this
security, do not write your PIN on your Card or keep your PIN close to your
Card. You should not tell your PIN to anyone.
14. The use of the Card to purchase goods and services at
merchant locations or to withdraw cash will constitute a simultaneous
withdrawal from and/or demand upon your account, even though the transaction
may not actually be posted to your account until a later date. Transactions
will be posted to your account in the order and with the same legal effect as check
drawn on the account.
15. Anyone honoring the Card may be required to obtain
approval or authorization for any transaction over a certain dollar amount. The
authorization will create a hold on your account for the authorized amount.
16. Any hold placed on your account may reduce the available
funds in your account so that other checks or Transfers presented to us for payment
may not be paid. Other transfers may not be authorized or checks may not be
approved. You agree that we may take this action and you agree to relieve us of
any liability for placing a hold on the account as agreed.
17. You may use your Card only in the manner and for the
purposes we authorize. We may recognize a transaction even if we have not
authorized it, but that does not mean we will authorize the same type of
transaction again.
18. You may terminate your Cardholder Agreement at any
time by notifying us in writing and surrendering to us all Cards issued to you.
The Card remains our property and we have the right to refuse to issue the Card
or to revoke the Card at any time with or without cause or notice. You must
surrender a revoked Card to us upon demand or upon knowledge of its revocation
and you must not use an expired or revoked Card.
19. If a negative (overdraft balance in your account results
from the use of the Card or from any other Transfer, you will pay us on demand
this negative balance, and you will pay us our then current charge for
over-drafts.
20. We have the right to change the terms of this
agreement from time to time. We will notify you at least 30 days before the
change will take effect if the change will cause you greater costs or liability
or if it will limit the types or frequency of transactions you can make using
the Card and PIN. We do not have to notify you in advance, if an immediate
change is necessary for security reasons.
21. The Terms and Conditions are subject to any deposit
agreement and are governed by Connecticut law, except to the extent that any
federal law controls. If there is any conflict between any term of this
agreement and Connecticut or controlling federal law or regulations, that term
shall be deemed to be modified to make it comply.
22. Any notice which we mail to you shall be effective
when placed in the United States mail, postage prepaid and addressed to you at
your last address as indicated on our records.
23. By accepting, signing or using a Card, or otherwise engaging
in a Transfer, you agree as a condition to using the Card and the privilege it
affords. In consideration of the Credit Union allowing Transfers, that in
the event we determine that legal action is necessary to enforce these Terms
and Conditions, all such legal action may be maintained in the courts of the
State of Connecticut and you consent to waive any objection to venue in any of
those courts for the purpose of determining the proper venue of any action.
24. If we initiate any legal action to collect money owed
to us under these Terms and Conditions, including counter-claims, you agree to
pay all of our costs for such action, including an attorney’s fees.
25. A statement that any documentation provided to the
consumer which indicates that an electronic fund transfer was made to another
person shall be admissible as evidence of such transfer and shall constitute
prima facie proof that such transfer was made.
WARNING: Wrongfully obtaining funds by use of a Card or
other Access Device constitutes a federal criminal offense punishable by fine
or imprisonment or both.
VISA 004 (2/98)