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This Agreement is the contract which covers your and our rights and responsibilities concerning electronic services offered to you by Power Financial Credit Union (“Credit Union”). In this Agreement, the words “you” and “yours” mean those who sign the application as applicants, joint owners or any authorized users. The words “we,” “us,” and “our” mean the Power Financial Credit Union. The word “account” means any one or more deposit accounts you have with the Credit Union. By signing the Account Card or signing or using any Electronic Services, each of you, jointly and severally, agree to the terms and conditions in this Agreement, and any amendments.
Electronic funds transfers ("EFTs") under this Agreement are electronically initiated transfers of money through automated teller machines ("ATMs"), Point of Sale ("POS") terminals, and VISA Debit Card, transactions involving your deposit accounts at the Credit Union.
1. Services.
a. Automated Teller Machines (ATMs).
ATM Transactions. Upon approval, you may use your ATM card or VISA Debit Card and your Personal Identification Number ("PIN") at automated teller machines of the Credit Union and the ATM networks we may designate. At the present time, you may use your Card to make the following transactions on your accounts:
Cash Withdrawals. There is no limit on the number of withdrawals you may make at Credit Union ATMs and nonproprietary ATMs. However, you may be charged a fee as set forth on the Fee Schedule. You may withdraw up to $615.00 (if there are sufficient funds in your account) per day (for purposes of the daily limit, a day ends at midnight) at any authorized ATM, subject to our security limits, terminal limits or any limits placed on each individual member.
Transfers. You may transfer between your regular share and checking accounts up to the balance in your accounts at the time of the transfer at available locations.
b. VISA Debit Card/POS. You may use your VISA Debit Card to purchase goods and services any place your Card is honored by participating merchants, including Point of Sale (POS) terminals within such networks as the Credit Union may designate. Funds to cover your Card purchases will be deducted from your checking account or savings account. If the balance in your account is not sufficient to pay the transaction amount, the Credit Union may treat the transaction as an overdraft request pursuant to the Courtesy Pay plan or may terminate all services under the Agreement. There is no limit on the number of POS purchase transactions you may make by Card during a statement period. No purchase may exceed the available funds in your account. The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. The Credit Union reserves the right to refuse any transaction attempted in a blocked country. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds.
2. Conditions of Card Use. The use of your Card is subject to the following conditions:
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 in our sole discretion without demand or notice. You cannot transfer your Card or Account to another person. You may not use the Card for any illegal or unlawful transaction, and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness.
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.
Security of Access Code. The personal identification code or access code (“access code”) that you select is for your security purposes. The access code is confidential and should not be disclosed to third parties or recorded. You are responsible for safekeeping your access code. You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts. If you authorize anyone to have or use your access code, you understand that person may use the ATM to review all of your account information and make account transactions. Therefore, we are entitled to act on transaction instructions received using your access code and you agree that the use of your access code will have the same effect as your signature authorizing transactions. If you authorize anyone to use your access code in any manner, which authority will be considered unlimited in amount and manner until you specifically revoke such authority by notifying the Credit Union and changing your access code immediately. You are responsible for any transactions made by such persons until you notify us that transactions and access by that person are no longer authorized and your access code is changed. If you fail to maintain or change the security of these access codes and the Credit Union suffers a loss, we may terminate your electronic funds transfer and account services immediately.
Foreign Transactions. Purchase and cash advance transactions made in or with merchants located in foreign countries will be billed to you in U.S. dollars. The currency conversion rate for international transactions as established by VISA International, Inc. is a rate selected by VISA from the 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. VISA USA charges us a 1% International Service Assessment on all international transactions, regardless of whether there is a currency conversion. If there is a currency conversion, you will be charged an International Service Assessment of 1% of the transaction amount for any card transaction made in or with merchants located in a foreign country. Transactions initiated in-person, telephonically, by catalog, e-commerce, via the internet, or by any other means with merchants or other parties located outside of the United States of America are deemed to occur in the foreign country where the merchant or other party is located. The Credit Union reserves the right to refuse any transaction attempted in a blocked country.
Illegal Use of Internet Gambling. You agree that all transactions that you initiate by use of your VISA Debit Card are legal in the jurisdiction where you live and/or where the transaction occurred. Internet gambling may be illegal in the jurisdiction in which you are located, including the United States. Your VISA Debit Card may only be used for legal transactions. Display of a payment card logo by an online merchant does not mean that internet gambling transactions are lawful in all jurisdictions in which you may be located. We have restricted all online gambling transactions with the VISA Debit Card.
Non-VISA Debit Transactions Processing. We have enabled non-Visa debit transaction processing. This means you may use your Visa Debit Card on a PIN-Debit Network* (a non-Visa network) without using a PIN or access code. The non-Visa debit network(s) for which such transactions are enabled is the STAR Network. Examples of the types of actions that you may be required to make to initiate a Visa transaction on your Visa debit card include signing a receipt, providing a card number over the phone or via the Internet, or swiping the card through a point-of-sale terminal. Examples of the types of actions you may be required to make to initiate a transaction on a PIN-Debit Network include initiating a payment directly with the biller (possibly via telephone, Internet, or kiosk locations), responding to a logo displayed at a payment site and choosing to direct payment through that network, and having your identity verified using known information derived from an existing relationship with you instead of through use of a PIN. The provisions of your agreement with us relating only to Visa transactions are not applicable to non-Visa transactions. For example, the additional limits on liability (sometimes referred to as Visa's zero-liability program) and the streamlined error resolution procedures offered on Visa debit card transactions are not applicable to transactions processed on a PIN-Debit Network and the liability rules for other EFTs in Section 3 Member Liability will apply. VISA rules generally define PIN-Debit Network as a non-Visa debit network that typically authenticates transactions by use of a personal identification number (PIN) but that is not generally known for having a card.
Debit Card Updates & Alerts.
Account Updater Service. Visa requires the Credit Union to participate in an Account Updater Service in which your Visa card will be automatically enrolled. When your card expires or is lost/stolen and a new card is issued, the Service makes the new card data (card number and expiration dates) available to participating merchants with whom you have preauthorized (recurring) payments, such as subscription services or utility companies. With the updated card information, the merchant may continue to process your recurring payments without requiring a new authorization. You may choose not to have your updated card information available to merchants. If you do not want VISA to update your card information automatically when it changes you must contact the Credit Union to opt-out of the service.
Falcon Fraud Alerts. The Credit Union works with Visa Falcon Fraud protection services to continuously monitor your Credit Union debit cards to identify and prevent fraudulent transactions. If any transactions occur on your card that are unusual or outside of your normal spending patterns, this activity may prompt Falcon to contact you to confirm the transaction(s). If you have a Credit Union debit card, you are automatically enrolled. If you have a cell phone number on file with us, Falcon will send you Fraud Alerts via text messages. If you do not have a cell phone number on file with us, Falcon will contact you at the home phone number we have associated with your account. You may contact us to add a phone number or update your contact information. Once you are notified by Falcon Fraud and indicate to them that the transaction in question is unauthorized, they will immediately block the card. Falcon will block the card, when the risk score is high, if Falcon is unable to contact you. If you wish to discontinue the Falcon Fraud Alerts via text message, you may contact the Credit Union to opt-out of the service.
3. Member Liability. You are responsible for all transfers you authorize using your EFT services under this Agreement. If you permit other persons to use an EFT service, Card or access code, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your Account, Card or access code and accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For VISA Debit Card purchase transactions, if you notify us of your lost or stolen card you may not be liable for any losses. These liability limits will apply, provided you were not grossly negligent or fraudulent in handling your VISA Debit Card and you promptly notify us and provide us with a written statement regarding your unauthorized VISA Debit Card claim, otherwise the liability limits set forth below may apply. For all other EFT transactions except electronic check transactions, if you tell us within two business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or EFT service, and we can prove that we could have stopped someone from accessing your account without your permission if you had told us, you could lose as much as $500. Your liability for unauthorized line of credit transactions through an EFT service is $50. Also, if your statement shows EFT transfers that you did not make, including 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 be liable for the full amount of the loss if we can prove that we could have stopped someone from making 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 period. 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 (954) 538-4400, or toll free (800) 548-5465 or write:
Member Responsibility for Zelle Transactions: Unauthorized Card use occurs when someone else uses your card or account access information, without your permission, to make a transaction that you did not authorize or benefit from. Your Responsibility for Transactions You Make. If you conduct a transaction yourself, even if you have made a mistake, you have authorized the transaction and by authorizing and conducting the transaction, you are directing the Credit Union to complete the transaction on your behalf. Before we process the transaction, if we separately ask you to confirm that you authorized the use of your card or transaction (such as a transaction confirmation or fraud detection text) and you confirm or validate the transaction is authorized, we may rely upon your direction and process the transaction. By confirming or validating your authorized transaction to us, you are representing to us that: you understand the nature of the transaction, the transaction is not an error and you take full responsibility for the transaction. If we process the transaction, we cannot later stop or reverse the transaction, after you discover your mistake. Therefore, you agree you are responsible for all transactions that you initiate. Your Responsibility for Transactions You Authorize. If you provide your card, PIN or account access information or Zelle payment App access information (Account #, User Name & authentication codes), to someone else to make a transaction from your account on your behalf, you have authorized the access to your account funds and the transaction. Before we process the transaction, if we separately ask you to confirm that you authorized the use of your card or access information by that person (such as a transaction confirmation or fraud detection text) and you confirm or validate that the person and transaction are authorized, we may rely upon your direction and process the transaction. By confirming or validating your authorized transaction to us, you are representing to us that: you know the person to whom you provided your account access, you understand the nature of the transaction, the transaction is not an error and you take full responsibility for the transaction. If you provide your Card, PIN, card information, online login information, or other access device to another person to make a transaction, you are responsible for all transactions made by that person using the access device until you notify us that transactions by that person are no longer authorized. We cannot stop unauthorized transactions by such a person until you tell us to stop them. Protecting Your Account Using the Zelle Service. The Zelle payment service is for payments or transfers from you to family, friends and persons you know and trust. You understand and agree the Zelle payment service is not to pay bills or transfer funds to businesses or persons you do not know. You also agree not to use the Zelle payment service to send funds to persons you do not know on behalf of someone else. If you do not personally know the person to whom you are sending funds or the person you have permitted to use the Zelle App for you –
You can prevent financial losses by using the Zelle service strictly for transfers with persons you know and trust. Neither the Credit Union nor authorized representatives of the Zelle payment service will ever ask you for your credit union online login credentials or your Zelle payment app credentials. IF SOMEONE ASKS FOR YOUR ONLINE LOGIN CREDENTIALS OR YOUR ZELLE PAYMENT APP CREDENTIALS, DO NOT PROVIDE THEM! No Transaction Reimbursement. YOU WILL NOT BE REIMBURSED FOR ANY TRANSACTIONS THAT YOU AUTHORIZE AND MAKE OR FOR TRANSACTIONS MADE BY SOMEONE YOU AUTHORIZED TO MAKE TRANSACTIONS FOR YOU OR TO WHOM YOU PROVIDED YOUR CARD AND ACCOUNT ACCESS INFORMATION OR ZELLE PAYMENT APP ACCESS INFORMATION.
4. Business Days. Our business days are Monday through Friday. Saturday, Sunday and Credit Union Holidays are not included.
5. Fees and Charges. There are certain fees for electronic fund transfer services as set forth in the Fee Schedule. From time to time, the fees may be changed. We will notify you of any changes as required by law. ATM Surcharge Fees. If you use an ATM that is not operated by us, you may be charged an ATM surcharge by the ATM operator or an ATM network utilized for such a transaction. The ATM surcharge will be debited from your account if you elect to complete the transaction. You may not use the Card for any illegal or unlawful transactions and we may decline to authorize any transaction that we believe poses an undue risk of illegality or unlawfulness. Negative Balance Fees. If you overdraw your account using your ATM card, you agree to pay the Negative Balance fee as set forth in the Fee Schedule.
6. Right to Receive Documentation Transfers.
Periodic Statements. Transfers and withdrawals transacted through any electronic funds transfer will be recorded on your periodic statement provided by mail or electronically. You will receive a statement monthly unless there is no deposit, transfer or withdrawal transaction in a particular month. In any case, you will receive a statement at least quarterly. You may request that your statement be provided electronically. You understand and agree that statements are made available to you on the date they are mailed to you or you have been notified that an electronic statement is available for your access. Images of Credit Union checks cashed at a Credit Union branch or checks that are returned are not available for viewing in SecureLink Online Banking or eStatements.
Terminal Receipt. You may receive a receipt at the time you make a transaction (except inquiries) using an ATM or POS terminal or with a participating merchant, except some electronic terminals will not provide receipts for transactions of $15 or less.
7. Account Information Disclosure. We will maintain the confidentiality and privacy of your account information in accordance with our privacy policy as stated on our website at: www.powerfi.org. However, we will disclose information to third parties about your account or the electronic fund transfers you make in the following limited circumstances:
8. 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 will be liable for your losses or damages. Our sole responsibility for an error will be to correct the error. In no case will we be liable for any indirect, special or incidental damages. For instance, we will not be liable:
9. Termination of EFT Services. You agree that we may terminate this Agreement and your use of your EFT services and the use of your card, if you or any authorized user of your access code breach this or any other agreement with us; or if we have reason to believe that there has been an unauthorized use of your access code or Card; or you or any other party to your account can terminate any of the EFT services in this Agreement by notifying us in writing. Termination of service will be effective the first business day following receipt of your written notice. Termination of this Agreement will not affect the rights and responsibilities of the parties under this Agreement for transactions initiated before termination.
10. Notices. The Credit Union reserves the right to change the terms and conditions upon which this service is offered. The Credit Union will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
11. Billing Errors. In case of errors or questions about your electronic transfers, telephone us at the phone numbers or write us at the address set forth in Section 3. as soon as you can. For electronic transfer errors, we must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears. We must hear from you within 14 days after a domestic wire transfer error occurs and up to 180 days after an International wire transfer error occurs. When notifying us of any errors, please tell us:
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) calendar days. We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. For errors related to transactions occurring within 30 days after the first deposit to the account (new accounts), we will tell you the results of our investigation within 20 business days.
If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question (90 days for POS transaction errors, new account transaction errors, or errors involving transactions initiated outside the United States). If we decide to do this, we will re-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 re-credit your account.
If we decide after our investigation that an error did not occur, we will deliver or mail to you an explanation of our findings within three business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.
12. ATM Safety Notice. The following information is a list of safety precautions regarding the use of Automated Teller Machine (ATM) and Night Deposit Facilities.
13. Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to any post-judgment collection actions, if applicable.