REMOTE DEPOSIT CAPTURE (DeposZip) SERVICES DISCLOSURE AND AGREEMENT
Effective: MAY 1, 2019
In this Disclosure and Agreement, the words, “Member”, “I”, “me”, “my”, “us”, and “our”, mean the (consumer or business) that applied for and/or use any of the Remote Deposit Capture Services (the “Services”) described in this Disclosure and Agreement. The words “you”, “your”, “yours”, and STJCU mean St. Jean’s Credit Union. My application, the DeposZip Approval email, (“Approval Email”) received by me subsequent to my application if applicable, this Disclosure and Agreement, as well as your Truth- in-Savings Disclosure, Deposit Account Agreement, Funds Availability Disclosure, Check 21 Disclosure, and the Electronic Banking Disclosure and Agreements (“Account Agreements”) to which I have agreed previously, are hereby incorporated into and made part of this Disclosure and Agreement. In the event of a discrepancy between this Disclosure and Agreement and my Application, your approval, or the Account Agreements, this Disclosure and Agreement will control.
- Terms and Conditions.
DeposZip is STJCU’s remote deposit capture service. Remote deposit capture allows a user to scan checks and transmit the scanned images to the financial institution for deposit. DeposZip allows you to make deposits of checks (“original checks”) into your accounts from your personal computer or remotely via your mobile device. DeposZip captures an image of your original check and delivers the digital image and associated information to us or our processor. The financial institution in turn transmits the scanned image, ACH data, or a substitute item to the paying financial institution for collection. Certain member eligibility requirements apply to use DeposZip. Members are required to be enrolled in either STJCU’s online banking or mobile app, receive online statements, apply for enrollment into DeposZip and meet eligibility requirements. To be eligible to use this service, you must be a member in good standing with STJCU for a minimum of thirty days from the date of account opening. STJCU may revoke your election to utilize this service at any time. - Service and Service Terms.
The following terms and conditions apply to the Services for STJCU’s remote deposit capture services (“DeposZip”). I acknowledge and agree that the Services or any portion of the Services may be provided by one or more subcontractors. Capitalized terms used herein and not otherwise defined shall have the same meaning specified in other account disclosures I have received from you. - Overview and definitions.
This Agreement states the terms and conditions by which STJCU will deliver the Services as described below:- “Authorized User” means Member or agent of Member.
- “Business Day” means any day which STJCU is open to conduct substantially all of its banking services, but shall not include Saturday, Sunday or bank holidays.
- “Capture Device” means any device acceptable to STJCU, which provides for the capture of images from the original items and for transmission through a clearing process.
- “Check” shall have the definition set forth in Check 21.
- “Check 21”means the Check Clearing for the 21st Century Act, as well as Subpart D of Federal Reserve Board Regulation CC, and to the extent applicable, Subpart A.
- “IRD” or “Image Replacement Document” means (a) Substitute Check as defined in Check 21; or
(b) the paper reproduction that will be created when an item cannot be converted to an ACH transaction. - “Item” means a Check, money order, cashier’s check, official check, U.S. Treasury check, or any other payment instrument drawn on a financial institution within the United States and payable in US Dollars, from Payor to Member that may be transmitted as either data or image, and where applicable in the context, includes the electronic image of the front and back of the Item, in addition to other required information as specified by STJCU from time to time, in the format specified by STJCU from time to time. Notwithstanding the foregoing, it is understood that Member will only be transmitting electronic images of the front and back of items and not any paper items. In order for an item to be processed for deposit, it must be restrictively endorsed in the proper location on the back of the item as specified in Exhibit “A”. (A copy of Exhibit “A” can be found within Frequently Asked Questions.)
“For Mobile Deposit” - “Payor” means consumers or businesses who make payments to Member by means of Items, but Member shall not be a Payor.
- “Services” means the specific services provided by STJCU, including electronic check conversion image archive systems that allow the use of a Capture Device to obtain and transmit the front and back images of Items and accompanying transaction data for purposes of delivery to STJCU for clearing an IRD. Services also include any applicable support services.
- “Service Start Date” means the date that the Services are first utilized by the Member.
- “Term” shall mean the term of this Agreement beginning as of the Service Start Date until terminated as provided herein.
- Use of the Services.
Following receipt of your notification approving my use of the Services, I am authorized by you to remotely deposit paper checks I receive to my savings, checking or money market account with you (the “Account”) by electronically transmitting a digital image of the paper checks to you for deposit via the Credit Union’s web based online banking/bill payer module at stjeanscu.com or by transmitting them through St. Jean’s mobile DeposZip application. My use of the Services constitutes my acceptance of the terms and conditions of this Disclosure and Agreement. I agree to comply with the hardware and software requirements set forth in Exhibit “A”. (A copy of Exhibit “A” can be found within Frequently Asked Questions.) Upon receipt of the digital image, you will review the image for acceptability. I understand and agree that receipt of an image does not occur until after you notify me of receipt of the image via the Deposit History feature. I understand that, in the event I receive a notification from you confirming receipt of an image, such notification does not mean that the image contains no error or that you are responsible for any information I transmit to you. You are not responsible for any image that you do not receive. Following receipt of the image, you may process the image by preparing a “substitute check” or clearing the item as an image. Notwithstanding anything to the contrary, you reserve the right, within your sole and absolute discretion, to accept or reject any item for remote deposit into my Account. I understand that any amount credited to my Account for items deposited using the Services is a provisional credit and I agree to indemnify you against any loss you suffer because of your acceptance of the remotely deposited check.
I understand I must, and hereby agree to, at my sole cost and expense, use computer hardware (including mobile device) and software that meets all technical requirements for the proper delivery of DeposZip and fulfills my obligation to obtain, and maintainsecure access to the Internet. I understand and agree I may also incur, and shall pay, any and all expenses related to the use of DeposZip, including, but not limited to, telephone service or Internet service charges. I am solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of DeposZip. I understand and agree that I am solely responsible for the operation, maintenance and updating of all equipment, software and services used in connection with DeposZip and the cost thereof, and I hereby agree that I will perform, or cause to be performed, all vendor recommended maintenance, repairs, upgrades and replacements.
In addition I agree that I will not (1) modify, change alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Service, (2) copy or reproduce all or any part of the technology or Services; or (3) interfere, or attempt to interfere, with the technology or Service. - Compliance with Law.
I agree to use the products and service for lawful purposes and in compliance with all applicable laws, rules and regulations. I warrant that I will only transmit acceptable items for deposit and have handled the original items in accordance with applicable laws, rules and regulations. I promise to indemnify and hold you harmless from any damages, liabilities, costs, expenses (including attorneys’’ fees) or other harm arising out of any violation thereof. This indemnity will survive termination of my Account and this Agreement. - Check Requirements.
Any image of a check that I transmit to you must accurately and legibly provide all the information on the front and back of the check at the time presented to me by the drawer. Prior to scanning the original check, I will endorse the back of the original check. My endorsement will include my signature and the following information: For Mobile Deposit.
The scanned image of the check transmitted to you must accurately and legibly provide, among other things, the following information: (1) the information identifying the drawer and the paying bank that is preprinted on the check, including complete and accurate MICR information and the signature(s); and (2) other information placed on the check prior to the time an image of the check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. The image quality for the check will meet the standards for image quality established by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
I will promptly (but in all events within 5 business days) provide any retained original check (or, if the check is no longer in existence, a sufficient copy of the front and back of the check) to you as requested to aid in the clearing and collection process or to resolve claims by third parties with respect to any check. - Rejection of Deposit.
Notwithstanding anything to the contrary, you reserve the right, within your sole and absolute discretion, to accept or reject any item for remote deposit into my Account.
You are not liable for any service or late charges levied against me due to your rejection of any item. In all cases, I am responsible for any loss or overdraft plus any applicable fees due to an item being returned. - Items Returned Unpaid.
A written notice or email notice will be sent to me of transactions you are unable to process because of returned items. With respect to any item that I transmit to you for remote deposit that you credit to my Account, in the event such item is dishonored, I authorize you to debit the amount of such item along with any applicable fees from any of my Accounts. - Email Address.
I agree to notify you immediately if I change my email address, as this is the email address where you will send me notification of receipt of remote deposit items. - Unavailability of Services.
I understand and agree that the Services may at times be temporarily unavailable due to the Credit Union system maintenance or technical difficulties including those of the Internet service provider Internet software or mobile application. In the event that the Services are unavailable, I acknowledge that I can deposit an original check at your branches or by mailing the original check to you at St. Jean’s Credit Union, 370 Highland Avenue, Salem, MA 01970. It is my sole responsibility to verify that items deposited using the Services have been received and accepted for deposit by you. However, you will email notification of items that are rejected by the next business day following rejection. - Business Day and Availability Disclosure.
Business days are any day on which St. Jean’s Credit Union is open to transact business. - Funds Availability.
I understand and agree that, for purposes of deposits made using the Services, the place of deposit is Salem, Massachusetts. With regard to the availability of deposits made using the Services, such funds will be available as set forth in the Funds Availability Policy section of the Truth-In Savings Disclosure and Account Agreements, a copy of which I received when I opened the membership and which is also available online. To request a copy, please contact the Credit Union at 978-219-1000.
The Credit Union will place a hold on items deposited through DeposZip and Mobile DeposZip Application based on STJCU’s Funds Availability Disclosure. The length of the hold is counted in business days from the day of the deposit. Items transmitted by the Member and received by STJCU or its subcontractors by 4:30 p.m. Eastern Time Monday through Friday, (Saturday, 1:00 pm) shall be credited to the Member’s applicable account on the same Business Day. Items received by STJCU after 4:30 p.m. (Saturday after 1:00 pm) Eastern Time on any Business Day shall be credited to the Member’s applicable account on the next successive Business Day. Funds from Items deposited under the terms of this Agreement will be available to the Member pursuant to STJCU’s Funds Availability Policy. - Accountholder’s Warranties.
I make the following warranties and representation with respect to each image of an original check I transmit to you utilizing the Services:- Each image of check transmitted to you is a true and accurate rendition of the front and back of the original check, without any alteration, and the drawer of the check has no defense against payment of the check.
- The amount, the payee, signature(s), and endorsement(s) on the original check are legible, genuine and accurate.
- I will not deposit or otherwise indorse to a third party the original item (the original check) and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the item (either the original item, or a paper or electronic representation of the original item) such that the person will be asked to make payment based on an item it has already paid.
- Each check that I submit to you for deposit will be directly payable to the individual or business in whose name the account to which I am requesting it to be deposited is open.
- I have instituted procedures to ensure that each original check was authorized by the drawer in the amount stated on the original check and to the payee stated on the original check.
- I am authorized to enforce each item transmitted or am authorized to obtain payment of each item on behalf of a person entitled to enforce such transmitted item.
- The information I provided in my Application remains true and correct and, in the event of such information changes, I will immediately notify you of the change.
- I have not knowingly failed to communicate any material information to you.
- I have possession of each original check deposited using the services and no party will submit the original check for payment.
- Files and images transmitted to you will contain no viruses or any other disabling features that may have an adverse impact on your network, data or related systems.
- Storage of Original Checks.
I must securely store each original check. If I am using the Service to deposit items into an account in the name of a Business to which I am a party I understand this means that original check(s) must be accessible only by my authorized personnel, that I deposit using the Services for a period of 60 days after transmission to you and receipt by you that check image has been accepted. After such period expires, I will destroy the original check unless you advise me otherwise. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks. - Accountholder’s Indemnification Obligation.
I understand and agree that I am required to indemnify you and hold you harmless against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses arising from my use of the Services and/or breach of this Disclosure and Agreement. I understand and agree that this paragraph shall survive the termination of this Agreement.
You understand and agree that you are required to indemnify our technology partners, including but not limited to NCR and Vertifi Software, LLC (Vertifi), and hold harmless NCR, its affiliates, officers, employees and agents, as well as Vertifi, its affiliates, officers, employees, and agents, from and against any third party claims, suits, proceedings, actions or demands, including to claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorney fees and expenses, arising from such claims, to the extent such claim is related to FI or End User’s use of the Services, Vertifi or NCR Applications, unless such claim directly results from an action or omission made by NCR or Vertifi in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement - In Case Of Errors.
In the event that I believe there has been an error with respect to any original check or image thereof transmitted to you for deposit or a breach of this Agreement, I will immediately contact you regarding such error or breach set forth below:
Telephone you at 978-239-1000 or
Email you at info@stjeanscu.com - Limitation of Liability.
I understand and agree that you are not responsible for any indirect, consequential, punitive, or special damages or damages attributable to my breach of this Disclosure and Agreement. - Charges for use of the Services.
All charges associated with the Services are disclosed in your Schedule of Fees, which accompanies this Disclosure and Agreement. - Warranties.
I UNDERSTAND THAT THE CREDIT UNION DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR THE CREDIT UNION’S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF MY PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. - Change in terms.
You may change the terms and charges for the Services indicated in this Disclosure and Agreement by notifying me of such change in writing or by email notice and may amend, modify, add to, or delete from this Disclosure and Agreement from time to time. My use of the Services after receipt of notification of any change by you constitutes my acceptance of the change. - Termination of the Service.
I may, by written request or email notice, terminate the Services provided for in this Disclosure and Agreement. You may terminate my use of the Services at any time upon written notice or email notice. In the event of termination of the Services, I will remain liable for all transactions performed on my Account. You reserve the right to deny, suspend or revoke access to DeposZip immediately, in whole or in part, in your sole discretion. - Relationship to Other Disclosures.
The information in these Disclosures applies only to the Services described herein. Provisions in other disclosure documents, as may be revised from time to time, remain effective for all other aspects of the Account. - Governing Law.
I understand and agree that this Disclosure and Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, notwithstanding any conflict-of-laws doctrines of such state or other jurisdiction to the contrary. I also agree to submit to the personal jurisdiction of the courts of the Commonwealth of Massachusetts. - Periodic Statement.
Any remote deposits made through the Services will be reflected on my monthly account statement. I understand and agree that I am required to notify you of any errors relating to images transmitted using the Services by no later than 60 days after the applicable monthly periodic statement is mailed, emailed or otherwise provided, after which such statement regarding all deposits made through the Service shall be deemed to be correct. I am responsible for any errors that I fail to bring to your attention within such time period. - Limitations on Frequency and Dollar Amount.
I understand and agree that I cannot exceed the limitations on the frequency and dollar amounts of remote deposits that are set forth by you. I understand that you reserve the right to set deposit limits, frequency and dollar amounts of remote deposits without advance notice to me.
If the total dollar value of the checks I send to you exceeds the deposit limit, you may, at your sole discretion, refuse to accept any check or combination of checks that exceed the deposit limit, or you may accept and process any of the checks in any manner determined by you. - Unacceptable deposits.
I understand and agree that I am not permitted to deposit the following items using the Services:- Any item drawn on my account or affiliate’s account.
- Any item that is stamped with a “non-negotiable” watermark.
- Any item that contains evidence of alteration to the information originally contained on the check.
- Any item issued by a financial institution in a foreign country or not payable in US Dollars.
- Any item that is incomplete. This includes any item that does not include all of the required information as is described in Exhibit “A”. (A copy of Exhibit “A” can be found in Frequently Asked Questions.)
- Any item that is “stale dated” or “post dated.”
- Any third party check, i.e., any item that is made payable to another party and then endorsed to me by such party.
- Confidentiality.
I acknowledge and agree that confidential data relating to your Services, marketing, strategies, business operations and business systems (collectively, “Confidential Information”) may come into my possession in connection with this Disclosure and Agreement. I understand and agree that I am prohibited from disclosing and agree to maintain the confidentiality of your Confidential Information. - Waiver.
The failure of either party to seek a redress for violation, or to insist upon the strict performance, of any covenant, agreement, provision, or condition hereof shall not constitute that waiver of the terms or of the terms of any other covenant, agreement, provision, or condition, and each party shall have all remedies provided herein with respect to any subsequent act which would have originally constituted the violation hereunder. - Relationship.
This Disclosure and Agreement does not create, and shall not be construed to create, any joint venture or partnership between the parties. No officer, employee, agent, servant, or independent contractor of either party shall at any time be deemed to be an employee, servant, agent, or contractor of the other party for any purpose whatsoever. - Mobile Deposit Security
Storage of Original Checks
I must securely store each original check. If I am using the Service to deposit items into an account in the name of a Business to which I am a party I understand this means the original check(s) must be accessible only [under dual control] by my authorized personnel, that I deposit using the Services for a period of 60 days after transmission to you. Persons who have access to the stored checks must be fully bondable and have passed a thorough screening. After such period expires, I will destroy the original check. I understand and agree that I am responsible for any loss caused by my failure to secure the original checks.
Securing Images on Mobile Devices
When using STJ’s Mobile DeposZip application, I understand that check images captured using my mobile device are stored on the device only until the associated deposit has been successfully submitted. I agree to promptly complete each deposit. In the event that I am unable to promptly complete my deposit, I agree to ensure that my mobile device remains securely in my possession until the deposit has been completed or to delete the associated images from the application.
It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. You will notify us immediately by telephone and written confirmation if you learn of any loss or theft of original checks. You will ensure the safety and integrity of original checks from the time of receipt until the time of destruction. If warranted in our reasonable judgment, we may audit and monitor your use of DeposZip and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement. - Captions and Headings.
The captions and headings contained in this Agreement are for convenience of reference only and shall not be used to limit the applicability or meaning of any provisions of this Agreement. - Severability.
In the event all or any part of any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, the remaining provisions or parts thereof shall be binding and enforceable as if any such invalid, illegal or unenforceable provision had never been contained herein. - Notices.
Any notice required hereunder shall be given by first class U.S. Mail, postage prepaid, by receipted hand delivery, electronically or by any other means agreed upon by both parties and if, to St. Jean’s Credit Union, at 370 Highland Avenue, Salem, MA 01970, if to you, at the most recent address shown for you in our records. If any notice instructions are given, the provisions of such shall govern the method and location for giving notice. Any notice mailed shall be presumed received on the third business day after mailing thereof.
TRUTH IN SAVINGS DISCLOSURE STATEMENT
Includes Overdraft Privilege and Funds Availability Policies
This agreement, including any account brochures that accompany this agreement, is intended to provide you with information about one or more accounts offered by the credit union. Included where applicable is information regarding the dividend rate, annual percentage yield, any minimum balance requirement, withdrawal terms, fees and other important account information to assist you in making an informed decision about investing your savings with us. Should you have any questions about these disclosures, about our current dividend rate, annual percentage yield, or otherwise, please call a member service representative at: 978-219-1000.
Schedule of Fees for All Accounts
Your account will be charged any and all applicable fees as noted in our schedule of fees included with and made part of this agreement.
The following factors may affect the amount of dividends your account receives Nature of dividends and relation to APY
Except in the case of certificate accounts (where the dividend rate is fixed for the term of the certificate, dividends may be paid only from current income and accumulated earnings, after required transfers to reserves at the end of each dividend period. The dividend rate and annual percentage yield applicable to an account may therefore change from time to time as determined by the Credit Union’s Board of Directors in its discretion. The credit union dividend period is MONTHLY, as noted below, beginning on the first day of such period and ending on the last day of the period.
As used in these disclosures, (i) “dividend rate” means the dividend paid (or expected to be paid) on an account, without giving effect to the compounding of previously earned dividend, shown as an annual figure and expressed as a percentage of the account balance; and (ii) “annual percentage yield” or “APY” means a percentage rate reflecting the total amount of dividend expected to be earned in a year on an Account, based on the dividend rate and the frequency of compounding the accrued dividend. All disclosures concerning the APY applicable to an account (other than certificates which are covered by separate paragraph) assume that the dividend rate disclosed remains in effect for one year and that dividends are not withdrawn.
Frequency of compounding dividends and the method of determining the balance on which dividends are paid
Dividends are compounded based on the average daily balance in your account. You can compute the dividends earned on your accounts each day by multiplying the then current simple annual interest rate times the average balance in your account at the end of each day, divided by 365 days. The amount of dividends you earn for each day will be added to your principal balance monthly. If you withdraw funds from your regular savings account before dividends are paid, you will receive dividends accrued on the funds prior to withdrawal, but such dividends will not be credited to your account until the next dividend declaration date. If you withdraw funds from your NOW Account before dividends are paid, you will not receive dividends accrued on the funds prior to withdrawal.
If you close your account(s) prior to accrued interest being credited, the accrued dividend will not be paid. In order for your deposit account to earn a dividend for a dividend period, you must maintain the average daily balances disclosed herein.
If your average daily balance falls below these minimums for that dividend period, you will not earn any dividends during that period. In order to earn the annual percentage yield disclosed in the attached rate sheet for a particular account.
Account Type Regular Savings | Compounded and Credited Daily/Monthly | On Average Balances of $25.00 |
NOW Account | Daily/Monthly | $400.00 |
Holiday Club | Daily/Monthly | N/A |
Vacation Club | Daily/Monthly | N/A |
Minimum balance to open an account:
REGULAR SAVINGS ACCOUNTS: $25.00
NOW ACCOUNT: NO MINIMUM
ALL CLUB ACCOUNTS: No Minimum
IRA MONEY MARKET: N/A
SUPER MONEY MARKET ACCOUNT: $10,000.00
MONEY MARKET ACCOUNT: $2,500.00
Collection of Non-Cash Deposits
Every share draft, check or other item with the exception of cash which is accepted for deposit in your account will be provisionally credited to your account on the day it is deposited and earn dividends from the day it is provisionally credited to your Account. If, however, the credit union is subsequently unable in the normal course of business to obtain payment for that item, you will not earn any dividends on that deposit.
Notice of Certain Changes
We will notify you in writing at least 30 days prior to the effective date of changes of the sort described below which will reduce your APY or otherwise adversely affect your Account.
The frequency of compounding dividends; The frequency of crediting dividends; Minimum balance requirements; or Fees, charges and penalties.
We will not send you notice, however, of any change in the interest rate or APY applicable to any account where the interest rate is subject to change from time to time, although notice of changes in interest rates will be posted in the credit union offices. Also, no notice of changes to fees for printing of share drafts/checks will be sent. In addition, where there is any change in the information disclosed in this agreement, the change will appear in a notice posted in the lobby of our offices.
General Policies and Procedures
We may refuse a withdrawal request if any documents or identification we or the law requires in connection with the withdrawal has not been presented to us. Although non-cash deposits earn dividends from the date first credited to your Account, the time when they may be withdrawn or otherwise become available for use is governed by the Funds Availability Policy which is made part of this disclosure. By opening and maintaining an account with the credit union, you have agreed to the Rules and Regulations of the credit union and any amendments thereto.
To open an Account with the credit union, you must deposit $25.00 in a regular savings account (the par value of a share of the credit union). By law, the credit union may accept deposits only from persons who are members or who are eligible to become members, or certain other persons or entities. To obtain further information, contact a member service representative.
Certificate and Individual Retirement Accounts (IRA)
Here are some basic facts about your certificate and individual retirement accounts. These disclosures are in addition to those on the certificate. Once your account is opened, you may not make additional deposits to it, although you may open a separate account at the then effective dividend rate. Additional account deposits are subject to the individual rules of the account. By opening and maintaining an account with the credit union, you have agreed to the terms of the account as set forth here and on the certificate and any amendments thereto.
Maturity
The maturity date is stated upon the certificate received with your account deposit.
APPLICABLE TO NEW ACCOUNTS ONLY. IF THIS DISCLOSURE IS PROVIDED ON THE MATURITY OF AN ESTABLISHED CERTIFICATE, PLEASE SEE YOUR MATURITY NOTICE FOR ACCOUNT DETAILS. SPECIAL RULES CONCERNING THE COMPOUNDING AND CREDITING OF DIVIDENDS and MINIMUM BALANCES TO EARN THE DISCLOSED DIVIDENDS.
St. Jeans Credit Union offers certificates with terms of 3 months, 6 months, 9 months, 12 months, 18 months, 24 months and 36 months. Dividends are compounded and credited AS SHOWN IN THE TABLE BELOW based on the ACTUAL daily balance in your Account.
ACCOUNT TYPE: Simple Interest MINIMUM BALANCE: $500.00 COMPOUNDED AND CREDITED: Daily and Paid at Maturity
ACCOUNT TYPE: Regular Term MINIMUM BALANCE: $500.00 COMPOUNDED AND CREDITED: Daily/Monthly
ACCOUNT TYPE: IRA Term MINIMUM BALANCE: $500.00 COMPOUNDED AND CREDITED: Daily/Monthly
Early Withdrawal Penalties for a Certificate:
You may withdraw all or some of the principal balance in your certificate prior to maturity. Any withdrawals from your account before maturity are subject to the penalties listed below, but you will be credited with any dividends earned on funds withdrawn prior to maturity, such dividends to be credited at the time of withdrawal. Dividends which have been credited to your certificate may be withdrawn at any time, without penalty, but the APY disclosed in this disclosure is based upon the assumption that all dividends will remain in the certificate until maturity.
A withdrawal prior to maturity will reduce earnings and your APY therefore will be lower than the disclosed APY. Any dividends in your certificate at maturity will be considered part of the principal of the certificate upon any renewal and thereafter become subject to the credit union rules concerning early withdrawal. In the event of a withdrawal of any portion of the principal in your certificate prior to maturity, the following penalties apply:
If the certificate maturity date is less than one (1) year or equal to one (1) year from the date of issuance or renewal, the penalty is an amount equal to 30 days dividends. If the certificate maturity date is greater than one (1) year from the date of issuance or renewal, the penalty is an amount equal to 91 days dividends. The penalties apply regardless of the length of time the funds have been on deposit at the credit union. The penalty may be taken from the principal balance of the certificate. The credit union may waive or reduce penalties at our discretion.
Maturity Notices and Renewals
You may renew, transfer, or close your certificate or IRA at maturity. You will be asked to instruct the credit union by mail or in person of your choice. You will be notified in writing 30 days prior to the maturity date of your certificate or IRA, and, unless you notify the credit union prior to maturity that your account is not to be renewed, your account will, at maturity, automatically renew for an identical term at the then effective rate. Every notice of maturity will state the date the renewal rate will be set and a telephone number will be included for you to call to learn what the dividend rate and APY applicable to the certificate or IRA during the renewal term will be.
Money Market Accounts
Please consult the credit union rate sheet attached to and made part of this disclosure. All money market account dividends will be compounded DAILY and credited MONTHLY, based on the average daily balance in your account. In order to earn the stated dividends, you must maintain the minimum balance requirements shown in the table below:
Money Market | Minimum Balance | Balance Compounded and Credited |
IRA | N/A | |
REGULAR | $2,500.00* – $9,999.99 | DAILY / MONTHLY |
SUPER | $10,000.00 – $49,999.99 | DAILY / MONTHLY |
$50,000.00 – $99,999.99 | DAILY / MONTHLY | |
$100,000.00 or more ** | DAILY / MONTHLY |
*If the average daily balance for a statement period falls below $2,500.00, you will receive a dividend for that reporting period, but at the then applicable regular savings rate.
** If the average daily balance for a statement period falls below $10,000.00, you will receive a dividend for that reporting period, but at the then applicable Regular money market account rate.
Dividend Rate and Annual Percentage Yield
If no rate or APY is shown, please refer to the rate sheet attached to and made part of this Truth in Savings Disclosure.
Transaction Limitations
Per Regulation D, for Money Market Accounts, if applicable, the member is permitted to make no more than six (6) transfers and withdrawals, or a combination of such transfers and withdrawals, per calendar month or statement cycle (or similar period) of at least four weeks, to another credit union account of the member or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, or by check, draft, debit card or similar order made by the member and payable to third parties. Deposits are unlimited.
Note: We are currently not enforcing the transfer limits. You will be notified if we choose to reimpose these limits.
Overdraft Privilege Service Liability
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of fees.
You authorize us to deduct these charges directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered in this agreement. Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit including, to the extent permitted by law, our reasonable attorneys’ fees. Separate terms and conditions apply to overdraft privilege services for credit and debit cards that requires your opt-In consent.
A separate disclosure is available online or upon request.
Payment of Items
If an item is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item (NSF) and you should deposit funds sufficient to cover your overdrafts and our fees immediately or on demand. The amounts of the overdraft and NSF fees are disclosed in the schedule of fees. We encourage you to make careful records and practice good account management. This will help you avoid writing checks or drafts without sufficient funds and incurring the resulting fees.
Setoff
We may (without prior notice and when permitted by law) set off funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal, to the extent of such persons’ or legal entity’s right to withdraw. If the debt arises from a note, “any due and payable debt” includes the total amount of which we are entitled to demand payment under the terms of the note at the time we set off, including any balance the due date for which we properly accelerate under the note. This right of setoff does not apply to this account if: (a) it is an IRA or other tax-deferred retirement account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
OUR FUNDS AVAILABILITY POLICY
St. Jean’s Credit Union’s Funds Availability Policy complies with federal regulations and, in some cases, gives you availability of funds from your accounts sooner than is required by law. Making funds available to you does not mean the deposited items have been collected and paid. In the event the deposited items are returned unpaid, we are entitled to debit your account for the amount of the returned items. If the debit creates an overdrawn balance, you agree to pay the overdrawn amount and all applicable return deposited item fees as soon as we give you notice of the overdraft.
We delay the availability of funds that you deposit by cash or check into your account as described in this Funds Availability Policy. During the delay, you may not withdraw the funds in cash, and we are not required to use the funds to pay checks that you have written or to satisfy any other type of debit. The length of the delay varies depending on the type of deposit.
Determining the Availability of a Deposit
The length of the delay is counted in business days from the day of your deposit. Business days are all days except Saturdays, Sundays, and federal holidays. If you make a deposit on a Saturday, Sunday, federal holiday, or a day on which we are not open, we will consider the deposit to have been made on the next business day that we are open. If a federal holiday falls on a Sunday, the next day is not a business day.
Same Day Availability
Funds from the following deposits are available on the day the credit union receives the deposit:
- Cash, if made in person to one of our employees
- Cash deposited at a St. Jean’s Credit Union ATM
- Electronic direct deposits
- Note: Mobile deposits are check deposits not electronic deposits
- Preauthorized credits (such as Social Security benefits, SSI payments, IRS tax refunds and payroll payments)
- Wire transfers received prior to the credit union’s cut-off time of 3:00 p.m. on a business day
- “On-us” checks i.e. checks drawn on the credit union, if made in person to one of our employees
- Commonwealth of Massachusetts Checks, including MA State Lottery Checks and Local Government Checks, if payable to you and made in person to one of our employees
- U.S. Treasury Checks, if payable to you and made in person to one of our employees
Next Day Availability
Funds from the following deposits are available on the first business day after the day of deposit if the deposit is made in person to an employee, payable to you and deposited into your account:
- Cashier’s Checks
- Certified Checks
- Teller/Official Checks
- U.S. Postal Money Orders
- Federal Reserve Bank checks or Federal Home Loan Bank checks
Other U. S. Check deposits – Next Day Availability
Up to the lessor of $275 or the aggregate of all check deposits, not already subject to next day availability, will be available on the first business day following the day of the deposit. The remaining funds will be available on the second business day after the day of deposit.
For example:
If you deposit a check of $700 on a Monday, $275 of the deposit will be available on Tuesday. The remaining will be available on Wednesday.
If you deposit the following checks: in the amount of $100, in the amount of $200 and in the amount of $400 on Monday (total deposit = $700), $275 of the deposit will be available on Tuesday, the remaining will be available on Wednesday.
Second Day Availability
Funds which are not deposited in person (i.e., through the mail, ATM or mobile deposit will be available no later than the second business day following the deposit.
Specific Exception Hold
The credit union may place a specific exception hold where the transaction involves reasonable belief that the check is uncollectible, repeated overdrafts, new accounts, large deposits, redeposited items, and emergency conditions.
Specific Exceptions
- Uncollectible Checks
- Stale dated check (over six months old).
- Improper endorsement.
- Evidence suggests that the member is engaged in check kiting
- Evidence suggesting forgery or fraud; or
- Credit Union has received a notice of dishonor from the financial institution against which the check is drawn.
- Repeat Overdrafts (Accounts overdrawn more than five times or overdrawn by $6,725 in the last six months). An account will retain its “repeat overdraft” status for six months from the last overdraft.
- New accounts, Sole transaction account with the credit union less than 30-days old.
- Refer to Special Rules for New Account
- Deposits Exceeding $6,725. The credit union may apply this exception to aggregate deposits in multiple accounts that exceed $6,725 in one day.
- Re-Deposited Items. Items previously returned by the paying institution for non-technical reasons, such as missing endorsement or the check is post-dated. Next day availability is not required on the first $275 of a day’s deposit.
Emergency Conditions. Conditions such as war, earthquake, fire, flood, power or equipment failure, suspension of payments from another financial condition, or any other emergency. A hold will be placed on the funds for a reasonable time after the emergency has passed.
Notice
We will notify you if we delay your ability to withdraw funds and we will tell you when the funds will be available. They will generally be available no later than 7 business days after the day of your deposit.
Should you have any questions, please do not hesitate to contact the credit union at 978-219-1000.
Special Rules for New Accounts
If you are a new member, the following special rules will apply during the first 30 days your account is open. You are considered a “new member” if the owner of the account is new to the credit union. A person is new to the credit union, unless, within the last 30 calendar days, s(he) has a St. Jean’s Credit Union deposit account that had been in existence for a least 30 calendar days.
- Deposits made in cash will be available on the same day if deposit is made in person to an employee.
- Funds from electronic direct deposits will be available on the business day we receive the deposit.
- Funds from wire transfers, received prior to the credit union’s cut-off time of 3:00 p.m. on a business day, will be available on the business day we receive the deposit otherwise funds will be available on the next business day.
- Funds from the first $6,725 of a day’s total deposits of cashiers, certified, teller’s, traveler’s and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. An excess of $6,725 will be available on the seventh business day after the day of your deposit. If your deposit of these checks (other than a U. S. Treasury check) is not made in person to one of our employees, the first $6,725 will not be available until the second business day after the day of your deposit.
- Funds from all other checks (other than foreign checks) will be available no later than the seventh business day after the day of your deposit.
- Same day availability is not required on “on us” checks.
- Next day availability is not required on the first $275 of a day’s deposit.
Notice
We will notify you if we delay your ability to withdraw funds and we will tell you when the funds will be available. Generally, the funds will be available no later than 7 business days after the day of your deposit.
Should you have any questions, please do not hesitate to contact the credit union at 978-219-1000.
Deposits at Proprietary ATMs
Some Proprietary ATMs do not accept deposits.
Funds deposited at a Proprietary ATM are considered deposited when placed in the ATM.
Funds deposited (cash) made at Proprietary ATM are available on the day the credit union receives the deposit.
Funds deposited (check) made at Proprietary ATM will not be available until the second business day after the day of deposit.
After being credited to your account, the funds are subject to the same availability rules listed within this agreement. For your protection, all deposits made in an ATM are verified. You agree that the credit union’s count will be final.
Deposits at Non-Proprietary ATMs
Deposits at automated teller machines (ATMs) we do not own or operate are not permitted. All ATMs that we own or operate are identified as our machines.
Holds on Other Accounts (Check Cashing)
If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw the corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Holds on Other Funds (Other Account)
If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Foreign Items
A foreign check is accepted on a collection basis and availability generally depends on the country of origin. A foreign check is a check drawn on a financial institution located outside the United States or on a branch of a U.S. financial institution located outside of the United States.
Payment on checks drawn on foreign financial institutions may be subject to governmental restrictions and can take an extended time to collect.
Deposited items that are drawn on financial institutions outside the U.S., and not payable at or through a U.S. branch or correspondent financial institution will not be made available to you until we receive notification of payment.
Returned Checks
If funds have been made available and withdrawn from a recent check deposit, and the check is returned for any reason including improper endorsement, you are responsible for the full amount of the check and any fees.
Substitute Checks
A substitute check is a legally sanctioned document with all the rights and obligations given to the original check written from your checkbook. Substitute checks are paper copies created from electronic images of original paper checks (front and back, with all endorsements). Each substitute check also includes a statement identifying it as a legal copy of the original check.
ELECTRONIC FUNDS TRANSFER DISCLOSURE
As a valued member of St. Jean’s Credit Union, you can take advantage of our many convenient electronic services. We are providing you with this Electronic Funds Transfer (EFT) Disclosure and Agreement, as amended from time to time (“Agreement”), to inform you of the terms and conditions governing the use of our electronic transfer services. This agreement takes the place of any prior agreements and disclosures governing the use of our electronic services. If you use or allow others to use the electronic services offered by the credit union, you are agreeing to the terms and conditions of this agreement. In this agreement, the term “you” and “your(s)” refer to you, the member, and the terms “we” “us” and “our(s)” refer to the credit union. This agreement applies if we have given you a plastic card and “PIN” (personal identification number) to access your account and/or you access your account by telephone or through our web-based branch. Here is some basic language you need to know to better understand this Agreement. An EFT occurs whenever you transfer your funds from one of your accounts using an ATM (automated teller machine), a POS (point of sale) terminal such as, for example, at a gas station where you “pay at the pump” or a department store sales counter, by telephone or over the Internet on a personal computer.
General Disclosure Statement
EXCEPT WHERE OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT ON ELECTRONIC FUNDS TRANSFERS; THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES AND/OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT.
The initiation by you of your electronic funds transfer from your account will, except as otherwise provided in this agreement, effectively eliminate your ability to stop payment of the transfer.
1. Protected Consumer Use of E.F.T
Electronic Funds Transfer Laws (Chapter 167B of the Massachusetts General Laws) were enacted to provide means for financial institutions, businesses, and
consumers to conduct their business relations more conveniently. 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 utilize the EFT system.
- Prohibition of compulsory use. No person may:
Require you to use a pre-authorized Electronic Funds Transfer as a condition for the extension of credit unless the credit is being extended in connection with a now account line of credit plan, or is being extended to maintain a specified balance in your account, or
Require you either to accept a transfer service or to establish an account which is accessed electronically as a condition of employment or receipt of a government benefit, or
Require you to pay electronically for the purchase of goods or services.
If your account is to be credited by a pre-authorized transfer, you may choose the financial institution to which the transfer may be made, if the institution is
technically capable of receiving such pre-authorized transfer.
- Waiver of No writing or agreement signed by you can waive the rights conferred to you unless you decide to waive these rights in settlement of a dispute or action.
- No store or retail business may offer a discount to you for making payment on any purchases of goods or services by electronic payment, rather than by cash, check, or charge.
- 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 Funds 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 Funds Transfer.
- Suspension of If a person agrees to accept payment by means of an Electronic Funds Transfer and the system malfunctions, preventing such a transfer, then the customer’s obligation is suspended until the transfer can be completed, unless that person, in writing, demands payment by other means.
- Criminal 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. If we go to court for any reason, we can use a copy, microfilm, or microfiche of any document to prove what you owe or that a transaction has taken place, and the copy, microfilm, or microfiche will have the same validity as the original.
- POS truncated Point of Sale truncated checks presented electronically, and the fees for represented checks, are EFT transactions subject to the terms and conditions of this EFT disclosure.
- Electronic Check Conversion When you provide a check as payment, you authorize us either to use information from your check to make a one- time electronic fund transfer from your account or to process the payment as a check transaction. Funds may be debited from your account as soon as the same day payment is received, and, as applicable, your check will not be returned. If your payment is returned due to insufficient funds in your account, you authorize us to make a one-time electronic fund transfer from your account to collect the appropriate NSF Items Returned, Insufficient Funds Fee as shown in our Schedule of Fees.
2. Errors in Electronic Funds Transfers or Questions About Your Electronic Funds Transfers.
We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared. You must provide us with the following:
- Your name and account number;
- Description of the error you are unsure about and why you believe it is an error or why you need more information;
- The dollar amount of the suspected
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 provisionally 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 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 provisionally re-credit your account.
If we determine that there was an error on our part, we shall correct the error within 1 business day after the determination. We will tell you results within 3 business days after we finish our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation and we must make these available to you for your inspection. For a reasonable fee covering our duplication costs, we will provide you with any such documents which you request. If your alleged error concerns a transfer to or from a third party, our investigation may be limited to our records. We will provide you with copies. If we decide that there was no error, you may want to contact such third party to pursue the matter further.
If you think your statement or receipt is incorrect or if you need more information about a transfer listed on your statement:
Telephone us at (978) 219- 1000 during the business days and hours indicated within this agreement (refer to # 8);
Or write us promptly at St. Jean’s Credit Union ATTN: Member Services, 370 Highland Salem MA 01970.
3. Our 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. However, there are some exceptions.
We will not be liable in the following situations:
If through no fault of ours, you do not have enough money in your account to make the transfer.
If the transfer will cause you to exceed the credit limit on any line of credit authorized through use of the card.
If the VISA, Debit MasterCard, SUM or other approved network ATM or designated retail point-of-sale terminal was not working properly and you knew about the breakdown when you started the transfer.
If the VISA, Debit MasterCard, SUM or other approved network ATM or designated retail point-of-sale terminal where you are making the transfer does not have enough cash.
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. If the funds are subject to legal process or other encumbrance restricting such transfer.
If you and/or your service bureau set up an EFT transfer incorrectly.
If the credit union believes that something is wrong, for example, that your card has been stolen.
For pre-authorized transfers, if through no fault of the credit union, the payment information for a pre-authorized transfer is not received.
4. Pre-authorized Transfers.
- Right to stop payment and procedure for doing If you have told us in advance to make regular payments out of your account, you can stop any of these payments by contacting us at the appropriate address or telephone number printed within this booklet 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 may also require you to put your request in writing and get it to us within 14 days after you call. Once we have processed your stop payment request, we will stop all payments, in the amount indicated by you, to the third party named in your request, unless you instruct us in writing to resume making payments.
- Notice of varying If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. However, the payee may give you the option to choose to get this notice only when the payment would differ by more than a stated amount from the previous payment, or when the amount would fall outside certain limits that you have set.
- Liability for failure to stop payment of pre-authorized 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 your actual losses or damages.
5. Your Right to Receive Documentation of Transfers.
- Terminal You can get a receipt at the time you make any transfer to or from your account when you use a VISA, Debit MasterCard, SUM or other approved network ATM or designated retail point-of-sale terminals.
- Pre-authorized If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, and you DO NOT receive verification each time a deposit is made from that party, you may call us at the appropriate telephone number during the business hours indicated within this agreement to find out whether a deposit has been made. Check your statements to verify pre-authorized credit as described above.
- Periodic statements. You will be sent Monthly
- Exception for receipts in small-value A financial institution is not required to make available a receipt if the amount of the transfer is $15 or less. The fact that an institution does not make a terminal receipt available for a transfer of $15 or less is not an error for purposes of error resolution.
6. Evidence
Any documentation provided to you which indicates that an Electronic Funds Transfer was made shall be admissible as evidence of such transfer and shall constitute prima-facie (self-evident) proof that such transfer was made.
7. Disclosure of Account Information to Third Parties.
In order that your privacy may be protected, we will not disclose any information about you or your account to any person or organization, or agency except: for certain routine disclosures necessary for the completion of a transfer; or
for verification of the condition and existence of our account for credit bureau or merchant; or to persons authorized by law in the course of official duties; or
to our auditors, service providers, affiliates, attorneys, or collection agents in the course of their duties; or pursuant to a court order or lawful subpoena; or
to consumer reporting agency as defined in Massachusetts General Laws; or
by your written authorization which shall automatically expire 45 days after our receipt of your authorization.
If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within 3 business days after we have discovered that an un- authorized disclosure has occurred.
8. Business Days/Hours
Monday thru Friday 8:30 AM to 4:30 PM.
Holidays not included.
9. Terminating this Agreement
If you wish to terminate this agreement, notify us in writing at the appropriate address printed within this booklet. We may also terminate this agreement at any time.
10. Amendments
We have the right to change this agreement from time to time. We will notify you at least 30 days before a change will take effect if it will cause you greater costs or liability, or if it will limit your ability to engage in electronic transfers. We do not have to notify you in advance if the change is necessary for security reasons.
11. Rules, Regulations and Other Agreements
Your accounts may also be governed by other agreements between you and this credit union. If any terms of other agreements are in conflict with the terms of this agreement, the terms in this agreement shall be followed.
12. Notices
All notices from us will be effective when we have mailed them or delivered them to the last known address that we have for you in our records. In the case of a joint account, notice to or from one account holder will be effective for all the account holders.
13. Collection Expenses
You agree to pay all reasonable expenses including attorney fees incurred by us in order to collect what you owe, or to enforce the terms and conditions of this agreement.
14. Advisory Against Illegal Use
You agree not to use your card(s) for illegal gambling or other illegal purposes. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located.
15. Laws Applicable to the Agreement
The laws of the State of Massachusetts and any applicable federal laws will apply to this agreement. If any terms or the agreement cannot legally be enforced, the agreement is considered changed to the extent necessary to comply with the laws.
16. Fees
Your account will be charged any applicable fees, charges, and or penalties as set forth in our schedule of fees included with this disclosure.
17. Transaction Limitation
Per Regulation D, for Money Market Accounts, if applicable, the member is permitted to make no more than six transfers and withdrawals, or a combination of such transfers and withdrawals, per calendar month or statement cycle (or similar period) of at least four weeks, to another credit union account of the member or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, or by check, draft, debit card or similar order made by the member and payable to third parties. Deposits are unlimited.
BANKING CARDHOLDER AGREEMENT
THE FOLLOWING TERMS AND CONDITIONS ARE APPLICABLE TO YOUR ATM, AND ANY DEBIT MASTERCARD SERVICE, UNLESS OTHERWISE
INDICATED.THESE TERMS APPLY WHETHER OR NOT YOU HAVE A NOW ACCOUNT LINE OF CREDIT FOR YOUR ACCOUNT.
1. Issuance of Card
You have requested that St. Jean’s Credit Union issue you a card that can be used to access funds in your account. The system has selected a PIN that must be used with the card for transactions that require use of a PIN. Do not reveal your PIN to anyone else or write it down where it available to others. Use of your PIN legally binds you to this agreement.
2. Responsibility for Transactions
You are responsible for all transactions you make with the card or that you authorize another person to make with the card. If the account is a joint account, all transactions involving the account are jointly and severally binding on all account holders. Section 13 below tells you about your responsibility for unauthorized transactions.
3. Your Selected Accounts
You can request a card to access a NOW Account(s), Money Market Account(s), or Regular Savings Account(s). The word “selected” will be used to describe the credit union accounts to which you properly request the card to access.
4. Use of the Card
You may use the card or ATM Access with or without your PIN (as applicable) to:
Withdraw cash from your account at any MASTERCARD, SUM or other approved network ATM or financial institution or purchase goods at merchants accepting the card subject to your daily withdrawal limits. (See section 6);
Make deposits to your designated account(s), Money Market Account(s), or Regular Savings Account(s) at our Lynn Branch, our Salem Branch or our Seaport Branch ATMs only;
Transfer funds between your designated NOW Account(s), Money Market Account(s), or Regular Savings Account(s); Make account balance inquiries.
Some of these services may not be available at all terminals. Use of the Card(s) is subject to the terms and conditions of your account and any future changes to your account may affect your use of the card(s).
5. Overdrafts
You promise to pay the credit union immediately upon demand for any negative (overdraft) balance arising in your account. If you do not have line of credit privileges, the credit union may deduct the amount of any overdraft on your account from any other account you have with the credit union, except an Individual Retirement Account. You agree not to use your card for a transaction that would cause the balance in any selected account to go below zero, or that would cause any line of credit balance to go above your line of credit, or that would cause a withdrawal or transfer from an account that you do not have or have not selected. We will not be required to complete any such transaction, but if we do, you agree to pay us the excess amounts of improperly withdrawn or transferred funds immediately upon request.
6. Limitations on Dollar Amounts and Frequency of Transactions
Up to your available credit limit, your combined maximum daily withdrawal, per card, may not exceed these amounts. We may limit or refuse to complete a trans- action when necessary for security reasons. You agree not to use your card(s) for illegal gambling or other illegal purpose. Display of a payment card logo by, for example, an online merchant does not necessarily mean that transactions are lawful in all jurisdictions in which the cardholder may be located
DAILY LIMITS
(All amounts below are subject to your available credit limits)
- DEBIT CARD: $1,000.00
- ATM ACCESS: $1,000.00
- COMBINED LIMIT: $2,000.00
- POINT OF SALE (POS): $1,000.00
- ATM: $1,000.00
- COMBINED LIMIT: $2,000.00
7. Charges for Transactions
Refer to credit union schedule of fees for charges.
Some foreign ATM Networks/Financial Institutions charge for access to their machines.
The amount of any such charges will be deducted automatically from your selected account(s). Transactions at any St. Jean’s Credit Union owned and operated ATM are free.
8. Your Option to Limit Cash Withdrawals
In addition to dollar amount limitations for withdrawal using your ATM or Debit Card and/or Personal Identification Number (PIN) that we may establish, you have the option to limit the amount of cash that can be withdrawn by your ATM or Debit Card to $50 per day or some other amount acceptable to us.
9. Right to Receive Documentation of Transactions
You will receive a receipt at the time you make any transfer to or from your account using an ATM or point-of-sale terminal. You will be sent a monthly account statement showing the transactions made with the card unless there are no transactions in a particular month. In any case, you will be sent a statement at least quarterly.
10. Business Hours
Monday thru Friday 8:30 AM to 4:30 PM Holidays are not included.
11. Business Days
The business days of the credit union are Monday through Friday. Holidays are not included.
12. Disclosure of Account Information to Third Parties
The credit union will disclose information to third parties about your account or the transactions you make:
- when it is necessary for completing transactions; or
- in order to verify the existence and condition of your account for a third party as in a credit bureau or merchant; or
- in order to comply with government agency or court orders, or
- if you give us your written
13. Liability for Unauthorized Transactions
Tell us AT ONCE if you think your card and/or PIN has been lost, stolen or used without your permission. Reaching us by telephone is the best way, if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen card and/or code and your card and/or code is used without your permission. If you think your card and/or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in Section 15 below.
14. Refusal to Honor Card
The credit union is not liable for the refusal or inability of any electronic terminal to honor the card or to complete a withdrawal from your account, or for their retention of the card. The credit union is also not responsible for the refusal of any merchant or financial institution to honor the card or for their retention of the card.
15. How to Notify the Credit Union in the Event of an Unauthorized Transaction
If you believe the card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission call us first at (978) 219-1000. Then write us at: 370 Highland Avenue, Salem MA 01970 (after hours only, for Lost or Stolen ATM/Debit cards call:
888-849-6046).
16. Rules of Account
All Transactions covered by this agreement are also subject to all rules and agreements that govern the account(s) being debited or credited in connection with a transaction, except as modified by this Agreement.
17. Foreign Transactions
If you perform a transaction with your VISA or DEBIT MASTER CARD in a currency other than U.S. dollars, VISA or MASTERCARD International Inc. will convert the charge into a U.S. Dollar amount. VISA or MASTERCARD International will use its currency conversion procedure, which is disclosed to institutions that issue their cards. Currently the currency conversion rate used by VISA and MASTERCARD International to determine the transaction amount in U.S. dollars for such transactions is generally either a government mandated rate or a wholesale rate determined by VISA or MASTERCARD International for the processing cycle by which the transaction is processed, increased by an adjustment factor.
18. Transaction Limitations
Money Market Accounts permit no more than six (6) transfers and withdrawals, or a combination of such transfers and withdrawals per calendar month or statement cycle made to a third party by means of a preauthorized or automatic transfer, or telephonic (including date transmission) agreement, order or instruction, or by check, draft, debit or similar order or to any of your other deposit accounts at St. Jean’s Credit Union. There is no limit in the number of transfers that you may make into your account.
Note: We are currently not enforcing the transfer limits. You’ll be notified if we choose to re-impose these limits.
19. Effect of Agreement
Even though the sales, cash advance, or other slips that you sign or receive when using the card or the account number on the card may contain different terms, this agreement is the sole agreement that applies to all transactions involving the card.
20. Additional Benefits/Card Enhancements
The credit union may from time to time offer additional services to your account. Some may be at no additional cost to you and others may involve a specified fee. You understand that the credit union is not obligated to offer such services and may withdraw or change them at any time.
21. Changing Terms
The credit union may change this agreement from time to time by giving you written notice. If any change results in greater cost or liability to you or decreases access to your accounts, you will be given at least 21 days prior notice of the change.
22. Termination of Account
The credit union reserves the right to cancel your card at any time. You also may cancel your card at any time. The card remains the property of the credit union. If either of you or the credit union cancels your card, you agree to return the card to the credit union or destroy it upon the credit union’s request.
23. No Waiver
The credit union can delay enforcing any of its rights under this agreement and the law any number of times without losing them.
24. Negative Reporting
The credit union may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
ST. JEAN’S CREDIT UNION ONLINE STATEMENTS USER AGREEMENT
Definitions
As used in this Agreement, the words “we”, “our”, “us”, and “STJCU” mean St. Jean’s Credit Union. “You”, “your”, and “user” refer to the account holder authorized by STJCU to receive electronic delivery of periodic account statements, “Online Statements” under this Agreement. “Account” or “Accounts” mean your accounts at STJCU.
Agreement
This Agreement is a contract that establishes the terms covering the electronic delivery of your periodic account statements (“Online Statements”) for your ac- counts at St. Jean’s Credit Union. By entering into this Agreement, you accept all the terms and conditions contained herein. Please read it carefully. If you sign up to receive Online Statements, the terms and conditions of the deposit agreement and disclosures for each of your STJCU accounts, as well as your other agreements with STJCU such as loans, continue to apply.
Consent to Electronic Delivery of Account Statements (Online Statements)
When you sign up for Online Statements, you agree to receive your periodic account statements online through our Internet Banking site. Your Online Statements will contain the same content as the paper version you have been receiving, which includes account balances, transaction activity, electronic funds transfer
information, year-to-date interest, and error notification procedures. The choice (paper or an online statement) that is recorded on our system on the day the statement is generated will be the only method used to deliver that month’s statement. You should allow 3 business days for any on-line change requests to become available.
Consent to Electronic Delivery of Electronic Notices and Disclosures
When you sign up for Online Statements, you agree to accept the annual Privacy Notice and other applicable consumer disclosures electronically.
Security
You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your online statements for each of your accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification number and/or password. You understand that personal identification by itself or together with information related to your account, may allow unauthorized access to your account. Any misuse or loss resulting from the misuse of this information is the responsibility of the user. We cannot and do not warrant that all data transfers utilizing online statements, or e-mail transmitted to and from us, will not be monitored or read by others.
Periodic Statements
Period statements will be made available behind the Internet Banking Platform. We may send you an e-mail to the address you specify to advise you that your online statement is available and we will provide the Internet Banking link for you to access it. It is your responsibility to provide STJCU with your current e-mail address in order for you to receive your monthly statement. After clicking on the Internet Banking link, you will be asked to provide your member number and your Internet Banking password in order to ensure a secure communication of your statement information. Your statement will become available within the Internet Banking site each month after you enroll for the service. Online Statements will be available for six months. If you wish to retain them longer, you should download them some- time during the six months. You may also wish to print the statements. There are no special equipment requirements; your current printer is all you need. Please note, if you request an additional paper copy from the credit union, applicable statement copy fees will be assessed per our current Schedule of Fees. In order to access your online statements, you will need “Adobe Acrobat Reader.” It is freely available for download at http://www.adobe.com/products/acrobat/readstep.html.
Exclusion of Warranties
This service and related documentation are provided “as is” without any warranty of any particular kind either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for particular purpose.
Alterations and Amendments
The terms of this Agreement, applicable fees, and service charges may be altered or amended by St. Jean’s Credit Union from time to time. In such event, STJCU shall send notice to you at your address as it appears on STJCU records. Any continuation of the Service after STJCU sends you a notice of change will constitute your agreement to such change(s). Further, STJCU may, from time to time, revise or update the STJCU program, services, and/or related material(s) rendering prior versions obsolete. Consequently, STJCU reserves the right to terminate this Agreement as to all such prior versions of the STJCU programs, services, and/or related material(s) and to limit access to STJCU more recent versions and updates
Your Right to Terminate
You may withdraw your consent to receive Online Statements by notifying us in writing or using the “email” link located within the Internet Banking site. If you notify us in writing, it may take up to 30 days from receipt of your written notice of cancellation for you to receive your next monthly printed mailed statement, with all subsequent printed and mailed statements arriving monthly thereafter.
Our Right to Terminate
You agree that we can terminate your Online Statements and revert to printed mailed statements for any reason at any time.
Assignment
You may not assign this Agreement to any other party. St. Jean’s Credit Union may assign this Agreement to any present or future, directly or indirectly, affiliated company. STJCU may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
No Waiver
St. Jean’s Credit Union shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by STJCU. No delay or omission on the part of STJCU in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
Governing Law
The laws of the State of Massachusetts and applicable Federal laws and regulations shall govern this Agreement.
Communications between Credit Union and You
If you have any questions regarding our online statement service, please e-mail us at info@stjeanscu.com. Or you may call us at (978) 219-1000, Then write us at: 370 Highland Avenue, Salem MA 01970.
Mbr_agrmt rev 07_ 2025