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ATM
AGREEMENT AND DISCLOSURE |
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This ATM (Automated Teller
Machine) Agreement and Disclosure is the contract which covers your and
our rights and responsibilities concerning the ATM services offered you by
Dallas Cotton Belt Employees Credit Union ("Credit Unions). In this
Agreement, the words "you" and "yours" mean those who sign the application
or account card as applicants joint owners, or any authorized users. The
words "we," "us," and "our" mean the Credit Union. The word "account"
means any one or more share and share draft accounts you have with the
Credit Union. ATM transactions are electronically initiated transfers of
money from your account through the ATM services described below. By
signing an application or account card for ATM services, signing your
Card, or using your card, each of you, jointly and severally, agree to the
terms and conditions in this Agreement and any amendments for the ATM
services offered. |
1. Qwik Cash.
If approved, you may use your Card and PIN (Personal Identification
Number) in automated teller machines of the Credit Union, Pulse, Cirrus,
Pulse Pay Networks, and such other machines or facilities as the Credit
Union may designate. At the present time, you may use your Card to:
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Withdraw funds from your share
and share draft accounts. |
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Transfer funds from your share
and share draft accounts. |
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Obtain balance information for
your share and share draft accounts. |
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Make POS (Point-of-Sale)
transactions with your Card and PIN (Personal Identification Number)
to purchase goods or services at POS terminals that carry Pulse, Cirrus,
and Pulse Pay network logo(s). |
The following limitations on the frequency and amount of ATM transactions
may apply:
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You may withdraw up to a
maximum of $200.00 in any one day, if there are sufficient funds in your
account |
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You may purchase up to a
maximum of $200.00 from POS terminals per day, if there are sufficient
funds in your account |
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You may transfer up to the
available balance in your accounts at the time of the transfer. |
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See Section 2 for transfer
limitations that may apply to these transactions. |
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2.
Transfer Limitations.
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For all share accounts, no more
than six (6) preauthorized, automatic, or telephone transfers and
withdrawals may be made from these accounts to another account of yours
or to a third party in any month,
and no more than three (3) of these six (6) may be made by check, draft,
or access card to a third party.
If you exceed these limitations, your account may be subject to a fee or
be closed.
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3. Conditions of ATM Services.
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Ownership of Cards.
Any Card or other device which we supply to you is our property and must
be returned to us, or to any person whom we authorize to act as our
agent, or to any person who is authorized to honor the Card, immediately
according to instructions. The Card may be repossessed at any time at
our sole discretion without demand or notice. You cannot transfer your
Card or account to another person.
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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.
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Security of Access Code.
You may use one or more access codes with your electronic funds
transfers. The access codes issued to you are for your security
purposes. Any codes issued to you are confidential and should not be
disclosed to third parties or recorded on or with the Card. You are
responsible for safekeeping your access codes. You agree not to disclose
or otherwise make your access codes available to anyone not authorized
to sign on your accounts. If you authorize anyone to use your access
codes, that authority shall continue until you specifically revoke such
authority by notifying the Credit Union. You understand that any joint
owner you authorize to use an access code may withdraw or transfer funds
from any of your accounts. If you fail to maintain the security of these
access codes and the Credit Union suffers a loss, we may terminate your
ATM services immediately.
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Joint Accounts. If
any of your accounts accessed under this Agreement are joint accounts,
all joint owners, including any authorized users, shall be bound by this
Agreement and, alone and together, shall be responsible for all ATM
transactions to or from any share and share draft accounts as provided
in this Agreement. Each joint account owner, without the consent of any
other account owner, may, and hereby is authorized by every other joint
account owner to, make any transaction permitted under this Agreement.
Each joint account owner is authorized to act for the other account
owners, and the Credit Union may accept orders and instructions
regarding any ATM transaction on any account from any joint account
owner.
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4. Fees and Charges.
There are certain charges for ATM services. From time to time, the charges
may be changed. We will notify you of any changes as required by
applicable law.
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$1.00 charge for all ATM
withdrawals. |
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Replacement card fee of $5.00
per card. |
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Non-sufficient Funds fee of 20.00. |
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Secondary Card fee of $5.00 per card
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5. Member Liability.
Tell us at once if you believe your Card or any access code has been lost
or stolen. Telephoning is me best way of keeping your possible losses
down. You could lose all me money in your account. If you tell us within
(2) business days, you can lose not more man $50 if someone uses your Card
without your permission. If you do not tell us within two (2) business
days after you learn of the loss or theft of your Card, and we can prove
that we could have stopped someone from using your Card without your
permission if you had told us, you could lose as much as $500.
Also, if
your statement shows transfers that you did not make, tell us at once. If
you do not tell us within sixty (60) days after the statement was mailed
to you, you may not get back any money lost after the sixty (60) days if
we can prove that we could have stopped someone from making me transfers
if you had told us in time. If a good reason (such as a hospital stay)
kept you from telling us, we will extend the time periods. If you believe
your Card has been lost or stolen or that someone has transferred or may
transfer money from your account without your permission, call:
(800) 405 7068
(214) 887-8000
Fax: (214) 887-8003
or write to:
Dallas Cotton Belt
Employees Credit Union
6301 Gaston Ave., Suite 700
Dallas, TX 75214
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6. Right to Receive Documentation.
a. Periodic
Statements. Transfers and withdrawals made through any ATM or POS
terminal will be recorded on your periodic statement. You will receive a
statement monthly unless there is no transaction in a particular month. In
any case, you will receive a statement at least quarterly. |
7. Account Information Disclosure.
We will
disclose information to third parties about your account or the transfers
you make:
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As necessary to complete
transfers; |
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To verify the existence of
sufficient funds to cover specific transactions upon the request of a
third party, such as a credit bureau or merchant; |
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To comply with government
agency or court orders; or |
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If you give us your written
permission.
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8. Business Days.
Our business days are Monday Trough Friday, excluding holidays.
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9. Credit Union Liability
for Failure to Make Transfers. If
we do not complete a transfer to or from your account on time or in the
correct amount according to our agreement with you, we may be liable for
your losses or damages. However, we will not be liable for direct or
consequential damages in the following events:
a. Liability for Direct or
Consequential Damages.
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If,
through no fault of ours, there is not enough money in your accounts to
complete me transaction, if any funds in your accounts necessary to
complete the transaction are held as uncollected funds or pursuant to
our Funds Availability Policy, or if me transaction involves a loan
request exceeding your credit limit. |
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If
you used your Card or access code in an incorrect manner. |
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If
the ATM where you are making the transfer does not have enough cash. |
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If the ATM was not working properly and you knew about
the problem when you started the transaction. |
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If circumstances beyond our control (such as fire, flood,
or power failure) prevent the transaction. |
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If the money in your account is subject to legal process
or other claim. |
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If funds in your account are pledged as collateral or
frozen because of a delinquent loan. |
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If
the error was caused by a system of any participating ATM network. |
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If the electronic transfer is not completed as a result
of your willful or negligent use of your Card, access code, or any EFT
facility for making such transfers. |
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Any
other exceptions as established by the Credit Union.
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10. Notices. All
notices from us will be effective when we have mailed them or delivered
them to your last known address in the Credit Union's records. Notices
from you will be effective when received by the Credit Union at the
address specified in this Agreement. We reserve the right to change the
terms and conditions upon which this service is offered. We will mail
notice to you at least twenty-one (21) days before the effective date of
any change. Use of this service is subject to existing regulations
governing me Credit Union account and any future changes to those
regulations.
The
following information is a list of safety precautions regarding the use of
Automated Teller Machines (ATM) and Night Deposit Facilities.
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Be aware of your surroundings,
particularly at night. |
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Consider having someone
accompany you when the ATM or night deposit facility is used after dark. |
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If another person is uncomfortably close to you at the
time of your transaction, ask the person to step back before you
complete your transaction. |
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Refrain from displaying your
cash at the ATM or night deposit facility. As soon as your transaction
is completed, place your money in your purse or wallet. Count the cash
later in the safety of your car or home. |
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If you notice anything
suspicious at the ATM or night deposit facility, consider using another
ATM or night deposit facility or coming back later. If you are in the
middle of a transaction and you notice something suspicious, cancel the
transaction, take your Card or deposit envelope, and leave. |
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If you are followed after making a transaction, go to the
nearest public area where people are located. |
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Do not write your personal identification number or code
on your ATM Card. |
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Report all crimes to law
enforcement officials immediately.
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11. Billing Errors. In
case of errors or questions about electronic funds transfers from your
share and share draft accounts, telephone us at the following number or
send us a written notice to the following address as soon as you can. We
must hear from you no later than sixty (60) days after we sent the first
statement on which the problem appears. Call us at:
(800)
405 7068
(214) 887-8000
Fax: (214) 887-8003
or
write to:
Dallas Cotton Belt Employees Credit Union
6301 Gaston Ave., Suite 700
Dallas, TX 75214
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Tell us your name and account
number. |
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Describe the electronic
transfer you are unsure about, and explain as clearly as you can why you
believe the Credit Union has made an error or why you need more
information. |
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Tell us the dollar amount of
the suspected error. |
If
you tell us orally, we may require that you send us your complaint or
question in writing within ten (10) business days. We will tell you the
results of our investigation within 10* business days after we hear from
you and will correct any error promptly. If we need more time, however, we
may take up to 45** days to investigate your complaint or question. If we
decide to do this, we will credit your account within 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 10 business days, we may not credit your account.
If we decide that there was no error, we will send you a
written explanation within three business days after we finish our
investigation. You may ask for copies of the documents that we used in our
investigation.
* If you give notice of an error within 30 days after you
make the first deposit to your account, we will have 20 business days
instead of 10 business days.
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If you give notice of an error
within 30 days after you make the first deposit to your account, notice of
an error involving a point of sale transaction, or notice of an error
involving a transaction initiated outside the U.S. its possessions and
territories, we will have 90 days instead of 45 days to investigate.
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12. Termination of ATM
Services. You may terminate this Agreement for ATM service at any time
by notifying us in writing and stopping your use of your Card and any
access code. You must return all Cards to the Credit Union. We may also
terminate this Agreement at any time by notifying you orally or in
writing. We may also program our computer not to accept your Card or
access code for ATM service. Whether you or the Credit Union terminates
this Agreement, the termination shall not affect your obligations under
this Agreement for any electronic transactions made prior to termination.
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13. Governing Law. This
Agreement is governed by the Bylaws of the Credit Union, federal laws and
regulations, the laws and regulations of the state of Texas and local
clearinghouse rules, as amended from time to time. Any disputes regarding
this Agreement shall be subject to the jurisdiction of the court of the
county in which the Credit Union is located.
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14. Enforcement. In the
event either party brings a legal action to enforce the Agreement or
collect any overdrawn funds on accounts accessed under this Agreement, the
prevailing party shall be entitled, subject to applicable law, to payment
by the other party of its reasonable attorney's fees and costs, including
fees on any appeal, bankruptcy proceedings, and any post-judgment
collection actions, if applicable. If there is a lawsuit, you agree that
it may be filed and heard in the county and state in which the Credit
Union is located, if allowed by applicable law. |
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Dallas Cotton Belt Employees Credit Union
6301 Gaston Ave., Suite 700
Dallas, TX 75214
(214) 887-8000
Fax: (214) 887-8003 |
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