ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE
This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the electronic fund transfers (EFT) services offered to you by Fairfax County Federal Credit Union (“Credit Union”). In this Agreement, the words “you,” “your,” 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 (1) or more share and share draft accounts you have with the Credit Union. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, signing your Card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered. Furthermore, electronic fund transfers that meet the definition of remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently, terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such services are requested and rendered in accordance with applicable law.
1. EFT SERVICES — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.
a. VISA Check Card. You must activate your Card before you will be permitted to complete any transactions. By activating your Card, you agree to the terms and conditions in this agreement and any amendments for the EFT services offered. You may use your VISA® Card to purchase goods and services from participating merchants. However, you may not use your Card to initiate any type of gambling transaction. If you wish to pay for goods or services over the Internet, you may be required to provide Card number security information before you will be permitted to complete the transaction. You agree that you will not use your Card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your Card purchases will be deducted from your share draft account. For ATM and one-time debit Card transactions, you must consent to the Credit Union’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges.
For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union may pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts, or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your Card and personal identification number (PIN) in automated teller machines of the Credit Union, STAR, CU24, Cirrus®, and the Exchange networks, and such other machines or facilities as the Credit Union may designate.
At the present time, you may also use your Card to:
- Make deposits to your share and share draft accounts.
- Withdraw funds from your share and share draft accounts.
- Transfer funds from your share and share draft accounts.
- Obtain balance information for your share and share draft accounts.
- Make point-of-sale (POS) transactions with your Card and personal identification number (PIN) to purchase goods or services at merchants that accept VISA.
- Order goods or services by mail or telephone from places that accept VISA.
For all accounts, except Fresh Start Checking, the following limitations on VISA Check Card transactions may apply:
- You may make 30 VISA Check Card purchases per day.
- Purchase amounts are limited to the amount in your account.
- You may purchase up to a maximum of $2,500.00 per day.
- You may make ten (10) cash withdrawals in any one (1) day from an ATM machine.
- You may withdraw up to a maximum of $505.00 in any one (1) day from an ATM machine, if there are sufficient funds in your account.
- For security purposes, there are other limits on the frequency and amount of transfers available at ATMs.
- You may transfer up to the available balance in your accounts at the time of the transfer.
- See Section 2 for transfer limitations that may apply to these transactions.
For Fresh Start Checking, the following limitations on VISA Check Card transactions may apply:
- You may make up to five (5) VISA Check Card purchases per day.
- Purchase amounts are limited to the amount in your account.
- You may purchase up to a maximum of $100.00 per day.
- You may make up to five (5) cash withdrawals in any one day from an ATM machine.
- You may withdraw up to a maximum of $105.00 in any one day from an ATM machine, if there are sufficient funds in your account.
- For security purposes, there are other limits on the frequency and amount of transfers available at ATMs.
- You may transfer up to the available balance in your accounts at the time of transfer.
- See Section 2 for transfer limitations that may apply to these transactions.
Card Information Updates and Authorizations. If you have authorized a merchant to bill charges to your Card on a recurring basis, it is your responsibility to notify the merchant in the event your Card is replaced, your Card information (such as Card number and expiration date) changes, or the account associated with your Card is closed. However, if your Card is replaced or Card information changes, you authorize us, without obligation on our part, to provide the updated Card information to the merchant in order to permit the merchant to bill recurring charges to the Card. You authorize us to apply such recurring charges to the Card until you notify us that you have revoked authorization for the charges to your Card.
Your Card is automatically enrolled in an information updating service. Through this service, your updated Card information (such as Card number and expiration date) may be shared with participating merchants to facilitate continued recurring charges. Updates are not guaranteed before your next payment to a merchant is due. You are responsible for making direct payment until recurring charges resume. To revoke your authorization allowing us to provide updated Card information to a merchant, please contact us.
b. Audio Teller (Audio Response). If we approve Audio Teller (Audio Response) for your accounts, a separate personal identification number (PIN) will be assigned to you. You must use your personal identification number (PIN) along with your account number to access your accounts. At the present time, you may use Audio Teller (Audio Response) to:
- Withdraw funds from your share, share draft, money market, and club accounts.
- Transfer funds among your share, share draft and money market, club, and loan accounts.
- Transfer funds from your share, share draft, money market, club, and loan accounts to another FCFCU members account.
- Obtain balance information for all your accounts.
- Determine if a particular item has cleared.
- Obtain tax information on amounts earned on share and share draft accounts or interest paid on loan accounts.
- Verify the last date and amount of your payroll deposit.
Your accounts can be accessed under Audio Teller (Audio Response) via a touch-tone telephone only. Audio Teller (Audio Response) service will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing.
The following limitations on Audio Teller (Audio Response) transactions may apply:
- There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
- No transfer or withdrawal may exceed the available funds in your account.
- See Section 2 for transfer limitations that may apply to these transactions.
The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each telephone call.
c. Preauthorized EFTs.
- Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your share and/or share draft account.
- Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share and share draft account.
- See Section 2 for transfer limitations that may apply to these transactions.
- Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money you owe others, you may stop payment on preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within 14 days of any oral notification. If we do not receive the written request may apply to a single transfer, multiple transfers, or all future transfers as directed by you, and will remain in effect unless you withdraw your request or all transfers subject to the request have been returned.
- Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.
- Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
d. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or share draft, you may authorize your check or share draft to be converted to an electronic fund transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.
e. On Line Teller. If we approve the On Line Teller electronic/PC access service for your accounts, a separate temporary Password will be assigned to you. You must change your password through the On Line Teller Service once you receive it. To assure maximum security, the password should be a unique code that is never written down or shared with anyone. You must use your Password along with your account number or User ID to access your accounts. At the present time, you may use the On Line Teller access service to:
- Withdraw funds from your share, share draft, money market, and club accounts.
- Transfer funds among your share, share draft and money market, club, and loan accounts.
- Transfer funds from your share, share draft, money market, club, and loan accounts to another FCFCU members account.
- Obtain balance information for your share, share draft, and money market accounts.
- Make bill payments to preauthorized creditors.
- Obtain history information for all your accounts.
- Apply for a loan.
- View monthly statements, if signed up.
Your accounts can be accessed under the On Line Teller via personal computer. On Line Teller will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.
The following limitations on On Line Teller transactions may apply:
- There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
- The maximum withdrawal or transfer amount is $2,500.00 per transaction, and no transfer or withdrawal may exceed the available funds in your account.
- See Section 2 for transfer limitations that may apply to these transactions.
f. Bill Pay. If you enroll in Bill Pay you acknowledge receipt of and agree to be bound by the Terms and Conditions of the bill payment service offered by Bill Pay through Fairfax County Federal Credit Union in addition to this Electronic Funds Transfer Agreement. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete.
We will withdraw the designated funds from your share draft account for bill payment transfer by the designated cutoff time on the date you schedule for payment. We will process your bill payment transfer within a designated number of days before the date you are scheduled for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.
The following limitations on Bill Pay transactions may apply:
- There is no limit on the number of bill payments per day.
2. TRANSFER LIMITATIONS — For all share accounts, you may make no more than six (6) transfers and withdrawals from your account to another account of yours or to a third party in any month by means of a preauthorized, automatic, or limitations, your account may be subject to a fee or be closed.
3. CONDITIONS OF EFT SERVICES —
a. 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.
b. 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.
c. Foreign Transactions.
VISA. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by VISA from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives or the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.
A fee of 1.00% of the amount of the transaction, calculated in U.S. dollars, will be imposed on all foreign transactions, including purchases, cash withdrawals and credits to your account. A foreign transaction is any transaction that you complete or a merchant completes on your Card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates.
d. Security of Access Code. You may use one (1) or more access codes with your electronic fund transfers. The access codes issued to you are for your security purposes. Any access 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 EFT services immediately.
e. 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 EFT transactions to or from any share and share draft or loan 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 EFT transaction on any account from any joint account owner.
4. FEES AND CHARGES — There are certain fees and charges for electronic fund transfers services. For a current listing of all applicable fees, see our current Fee Schedule that was provided to you at the time you applied for or requested these electronic services. From time to time, the charges may be changed. We will notify you as required by applicable law.
If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any international, national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.
5. MEMBER LIABILITY — You are responsible for all EFT transactions you authorize. If you permit someone else to use an EFT service, your Card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.
TELL US AT ONCE if you believe your Card or access code has been lost or stolen, if you believe someone has used your Card or access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line-of-credit). If a transaction was made with your Card or Card number without your permission and was a VISA transaction, you will have no liability for the transaction, unless you were fraudulent or negligent in the handling of your account or Card.
For all other EFT transactions involving your Card or access code, including if you were negligent in the handling of your account or Card, your liability for an unauthorized transaction is determined as follows. If you tell us within two (2) business days after you learn of the loss or theft of your Card or access code, you can lose no more than $50.00 if someone used your Card or access code 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 or access code and we can prove we could have stopped someone from using your Card or access code without your permission if you had told us, you could lose as much as $500.00.
Also, if your statement shows transfers that you did not make including those made by Card, access code or other means, TELL US AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from making the 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 or access code has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:
(703) 218-9900 or (800) 323-2899 or write to:
Fairfax County Federal Credit Union
P.O. Box 1300
Fairfax, VA 22038-1300
Fax: (703) 591-9538
You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.
6. RIGHT TO RECEIVE DOCUMENTATION —
a. Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, Debit Card transactions, audio response transactions, preauthorized EFTs, electronic/PC transactions or bill payments you make 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.
b. Terminal Receipt. You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM and/or point-of-sale (POS) terminal.
c. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every 60 days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling (703) 218-9900 or (800) 323-2899. This does not apply to transactions occurring outside the United States.
7. ACCOUNT INFORMATION DISCLOSURE — We will disclose information to third parties about your account or the transfers you make:
- As necessary to complete transfers;
- 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;
- If your account is eligible for emergency cash and/or emergency Card replacement services and you request such
services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);
- To comply with government agency or court orders; or
- If you give us your written permission.
8. BUSINESS DAYS — Our business days are Monday through Friday, excluding holidays.
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:
- If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit.
- If you used your Card or access code in an incorrect manner.
- If the ATM where you are making the transfer does not have enough cash.
- If the ATM was not working properly and you knew about the problem when you started the transaction.
- If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
- If the money in your account is subject to legal process or other claim.
- If funds in your account are pledged as collateral or frozen because of a delinquent loan.
- If the error was caused by a system of any participating ATM network.
- 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.
- If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
- If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.
- Any other exceptions as established by the Credit Union.
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 21 days before the effective date of any change. Use of this service is subject to existing regulations governing the 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:
- Be aware of your surroundings, particularly at night.
- Consider having someone accompany you when the ATM or night deposit facility is used after dark.
- Close the entry door of any ATM facility equipped with a door.
- 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. If it is after the regular hours of the financial institution and you are using an ATM, do not permit entrance to any person you do not know.
- 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.
- 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.
- If you are followed after making a transaction, go to the nearest public area where people are located.
- Do not write your personal identification number (PIN) or access code on your ATM Card.
- Report all crimes to law enforcement officials immediately. If emergency assistance is needed, call the police from the nearest available public telephone.
11. BILLING ERRORS — In case of errors or questions about electronic fund transfers from your share and share draft accounts or if you need more information about a transfer on the statement or receipt, 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 60 days after we sent the FIRST statement on which the problem appears. Call us at:
(703) 218-9900 or (800) 323-2899 or write to:
Fairfax County Federal Credit Union
P.O. Box 1300
Fairfax, VA 22038-1300
Fax: (703) 591-9538
- Tell us your name and account number.
- 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.
- 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 determine whether an error has occurred within ten (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 ten (10)* business days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
We will tell you the results within three (3) business days of completing 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.
* 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 ten (10) business days to investigate the error.
** 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 (POS) 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 the error.
NOTE: If the error you assert is an unauthorized VISA transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten (10) business days.
12. TERMINATION OF EFT SERVICES — You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your Card and any access code. If you have not activated your Card, do not do so. You must destroy or return all Cards to the Credit Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer not to accept your Card or access code for any EFT 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.
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 Virginia, 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.
14. ENFORCEMENT — You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any postjudgment collection actions.
© CUNA Mutual Group, 2008-10,12-14:17, ALL RIGHTS RESERVED 51002B (DVABA5)
FUNDS AVAILABILITY POLICY DISCLOSURE
FUNDS AVAILABILITY POLICY DISCLOSURE
This disclosure describes your ability to withdraw funds at Fairfax County Federal Credit Union. It only applies to the availability of funds in transaction accounts. The credit union reserves the right to delay the availability of funds deposited to accounts that are not transaction accounts for periods longer than those disclosed in this policy. Please ask us if you have a question about which accounts are affected by this policy.
General Policy. Our policy is to delay the availability of funds from your check and check deposits. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.
Determining the Availability of a Deposit. When we delay the availability of a deposit the length of the delay is determined by counting the business days from the day of your deposit. Every day is a business day except Saturdays, Sundays and federal holidays. If you make a deposit before close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, we will consider deposits made after close of business or on a day that we are not open as deposited on the next business day we are open.
If you make a deposit to an ATM that we own or operate before close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, we will consider deposits to an ATM that we own or operate made after close of business or on a day that we are not open as deposited on the next business day we are open.
The length of the delay varies depending on the type of deposit and is explained below.
Same-Day Availability. Funds from electronic direct deposits to your account will be available on the same business day that we receive the deposit.
Next-Day Availability. Finds from the following deposits are available by the first business day after the day of your deposit:
- U.S. Treasury checks that are payable to you
- Wire transfers
- Checks drawn on Fairfax County Federal Credit Union
Next-Day Availability for Certain Deposits Made in Person. Funds from the following deposits are available by the first business day after the day we receive your deposit, if you make the deposit in person to one of our employees:
- State and local government checks that are payable to you
- Cashier’s, certified, and teller’s checks that are payable to you
- Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you
If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available by the second business day after the day we receive your deposit.
Availability of Other Check Deposits. Our policy is to make funds from other checks available as follows, the first $200.00 from a deposit of other checks will be available on the first business after the day of your deposit. The remaining funds will be available by the second business day after the day of your deposit. For example, if you deposit a check of $700.00 on a Monday, $200.00 of the deposit will be available by Tuesday. The remaining $500.00 will be available by Wednesday.
Holds on Other Funds. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. 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 then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Longer Delays May Apply. We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons.
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5,000.00 on any one (1) day.
- You deposit a check that has been returned unpaid.
- You have overdrawn your account repeatedly in the last six (6) months.
- There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.
Special Rules for New Accounts. If you are a new member, the following special rules will apply during the first thirty (30) days your account is open.
Funds from electronic direct deposits to your account will be available on the same business day that we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state, and local government checks, and checks drawn on Fairfax County Federal Credit Union will be available on the next business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable you. The excess over $5,000.00 will be available on the ninth 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 $5,000.00 will not be available until the second business day after the day of your deposit. The delay for other check deposits is as follows, funds from deposits of other checks will be available on the seventh business day after the day of your deposit.
Deposits at Nonproprietary ATMs. Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth business day after the day of your deposit. This rule does not apply at ATMs that we own or operate. All ATMs that we own or operate are identified as our machines.
Deposits at Service Centers. Funds from deposits of cash, U.S., Treasury, state and local government checks, Federal Reserve and Federal Home Loan Bank checks, U.S. Postal Money Orders, and certain computer-generated payroll checks in amounts of $2,500.00 or less will be available for withdrawal on the same business day as the date of your deposit.
The availability of funds from other check deposits made at service centers is as follows, the service center policy is to make funds from local checks available as described above.
Foreign Checks. Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn.
MEMBERSHIP AND ACCOUNT AGREEMENT
This Agreement covers the rights and responsibilities concerning your accounts and the rights and responsibilities of the credit union providing this Agreement (credit union). In this Agreement, the words "you" and "yours" mean anyone who signs an Account Card or Account Change Card (Account Card or any other account opening document). The words "we," "us," and "our" mean the credit union. The word "account" means any one or more share or other accounts you have with the credit union.
Your account type(s) and ownership features are designated on your Account Card. By signing an Account Card, each of you, jointly and severally, agree to the terms and conditions in this Agreement and Account Card, the Funds Availability Policy Disclosure, Truth-in-Savings Disclosure, Electronic Funds Transfer Agreement and Disclosure, Privacy Notice Disclosure and any Account Receipt accompanying this Agreement, and the credit union's bylaws and policies, and any amendments to these documents from time to time which collectively govern your membership and accounts.
1. MEMBERSHIP ELIGIBILITY - To join the credit union you must meet the membership requirements including purchase and maintenance of the minimum required share(s) ("membership share") as set forth in the credit union's bylaws. You authorize us to check your account, credit, and employment history, and obtain reports from third parties, including credit reporting agencies, to verify your eligibility for the accounts and services you request.
2. INDIVIDUAL ACCOUNTS - An individual account is an account owned by one member (individual, corporation, partnership, trust or other organization) qualified for credit union membership. If the account owner dies, the interest passes, subject to applicable law, to the account owner's estate or Payable on Death (POD) beneficiary/payee or trust beneficiary, subject to other provisions of this Agreement governing our protection for honoring transfer and withdrawal requests of an owner or owner's agent prior to notice of an owner's death and to any security interest or pledge granted by the account owner and subject to our statutory lien rights.
3. JOINT ACCOUNTS - A joint account is an account owned by two or more persons.
a. Rights of Survivorship. For a joint account, the existence or non-existence of rights of survivorship shall be established by designation on the Account Card. If the Account Card designation is "Joint Account With Survivorship," then, on the death of an owner of the account, the deceased owner's interest in the account passes to the surviving owner(s) of the account. If the designation is "Joint Account No Survivorship," then, on the death of an owner of the account, the deceased owner's interest in the account passes as a part of that owner's estate under the deceased owner's will, trust, or by intestacy. If no designation is made on the Account Card or if the designation is unclear, a joint owner's account includes rights of survivorship. A surviving owner's interest is subject to the credit union's statutory lien for the deceased owner's obligations, and to any security interest or pledge granted by a deceased owner, even if a surviving owner did not consent to it.
b. Control of Joint Accounts. Any owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions and other account matters. Each owner guarantees the signature of any other owner(s). Any owner may withdraw all funds, stop payment on items, transfer, or pledge to us all or any part of the shares without the consent of the other owner(s). We have no duty to notify any owner(s) about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an account. If we receive written notice of a dispute between owners or inconsistent instructions from them, we may suspend or terminate the account and require a court order or written consent from all owners to act.
c. Joint Account Owner Liability. If an item deposited in a joint account is returned unpaid, a joint account is overdrawn, or if we do not receive final payment on a transaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction. If any account owner is indebted to us, we may enforce our rights against any account of the indebted owner, including all funds in the joint account regardless of who contributed the funds in the account.
4. POD/TRUST ACCOUNT DESIGNATIONS - A Payable on Death (POD) account or trust account designation is an instruction to the Credit Union that an individual or joint account so designated is payable to the owner(s) during his, her or their lifetimes and, when the last account owner dies, payable to all and surviving POD or trust beneficiaries/payees. Accounts payable to more than one surviving beneficiary/payee are owned jointly by such beneficiaries/payees with rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Accounts (IRAs). We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee's interest in any account, except as otherwise provided by law. This paragraph does not apply to an account held on behalf of or held in the name of a trust.
5. ACCOUNTS FOR MINORS - We may require any account established by a minor to be a joint account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction. We will not change the account status when the minor reaches the age of majority unless authorized in writing by all account owners.
6. UNIFORM TRANSFERS TO MINORS ACCOUNT - A Uniform Transfers to Minors Account (UTMA) is an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawals, or close the account. We have no duty to inquire about the use or purpose of any transaction. If the custodian dies, we may suspend the account until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal.
7. POWER OF ATTORNEY AND AGENCY DESIGNATION ON AN ACCOUNT –
a. Power of Attorney. We have the right to review and approve any form of power of attorney and to require subsequent evidence as to the current effectiveness of any power of attorney, including but not limited to periodic affidavits of any attorney-in-fact.
b. Agency Designation. An agency designation on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or credit union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.
8. DEPOSIT OF FUNDS REQUIREMENTS - Funds may be deposited to any account, in any manner approved by the credit union in accordance with the requirements as set forth in the Truth-in-Savings Disclosure. Deposits made by mail, at night depositories or at unstaffed facilities are not our responsibility until we receive them. We reserve the right to refuse or to return any deposit.
a. Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to, or to the order of, one or more account owners even if they are not endorsed by all payees. You authorize us to supply missing endorsements of any owners if we choose. If a check, draft or item that is payable to two or more persons is ambiguous as to whether it is payable to either or both, we may process the check, draft or item as though it is payable to either person. If an insurance, government, or other check or draft requires an endorsement, we may require endorsement as set forth on the item. Endorsements must be made on the back of the share draft or check within 1½ inches from the top edge, although we may accept endorsements outside this space. However, any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you or any prior endorser will be your responsibility.
b. Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. We are not liable for the negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. We may send any item for collection. Items drawn on an institution located outside the United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchase or receive for credit or collection to your account. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor financial institution extra time beyond any midnight deadline limits.
c. Restrictive Legends. Some checks and drafts contain restrictive legends or similar limitations on the front of the item. Examples of restrictive legends include "two signatures required", "void after 60 days" or "not valid over $500." We are not liable for payment of any check or draft contrary to a restrictive legend or other limitation contained in or on the item unless we have specifically agreed in writing to the restrictions or limitations.
d. Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional until we receive final payment. If final payment is not received, we may charge your account for the amount of such items or ACH transfers and impose a return item charge on your account. Any collection fees we incur may be charged to your account. We reserve the right to refuse or return any item or funds transfer.
e. Direct Deposits. We may offer preauthorized deposits (e.g., payroll checks, Social Security or retirement checks, or other government checks) or preauthorized transfers from other accounts. You must authorize direct deposits or preauthorized transfers by filling out a separate form. You must notify us at least thirty (30) days in advance to cancel or change a direct deposit or transfer option. If your account is overdrawn, you authorize us to deduct the amount your account is overdrawn from any deposit, including deposits of government payments or benefits. Upon a bankruptcy filing, unless you cancel the authorization, we will continue applying payments from direct deposits in accordance with your authorization on file with us. If we are required to reimburse the U.S. Government for any benefit payment directly deposited into your account, we may deduct the amount returned from any of your accounts, unless prohibited by law.
f. Crediting of Deposits. Deposits made after the deposit cut-off time and deposits made on either holidays or days that are not our business days will be credited to your account on the next business day.
9. ACCOUNT ACCESS –
a. Authorized Signature. Your signature on the Account Card authorizes your account access. We will not be liable for refusing to honor any item or instruction if we believe the signature is not genuine. If you have authorized the use of a facsimile signature, we may honor any check or draft that appears to bear your facsimile signature even if it was made by an unauthorized person. You authorize us to honor transactions initiated by a third person to whom you have given your account number even if you do not authorize a particular transaction.
b. Access Options. You may withdraw or transfer funds from your account(s) in any manner we permit (e.g., at an automated teller machine, in person, by mail, Internet access, automatic transfer, or telephone, as applicable). We may return as unpaid any check or draft drawn on a form we do not provide, and you are responsible for any loss we incur handling such a check or draft. We reserve the right to restrict account withdrawals or transfers from your account, provided that we shall not be liable for any damages arising from any action we take regarding either (i) withdrawals or transfers; or (ii) payments or nonpayments of a check or draft, except for those damages which may arise solely as a result of the Credit Union's negligence.
c. Credit Union Examination. We may disregard information on any check or draft other than the signature of the drawer, the amount and any magnetic encoding. You agree we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for sight examination of items.
10. ACH & WIRE TRANSFERS - Except as amended by this Agreement, electronic funds transfers we permit that are subject to Article 4A of the Uniform Commercial Code will be subject to such provisions of the Uniform Commercial Code as enacted by the state where the main office of the credit union is located. We may execute certain requests for electronic funds transfers by Fedwire. Fedwire transactions are subject to Federal Reserve Board Regulation J. You may order electronic funds transfers to or from your account. We will debit your account for the amount of an electronic funds transfer and will charge your account for any fees related to the transfer. Unless we agree otherwise in writing, we reserve the right to refuse to execute any order to transfer funds to or from your account. We are not obligated to execute any order to transfer funds out of your account if the amount of the requested transfer plus applicable fees exceeds the available funds in your account. We are not liable for errors, delays, interruptions or transmission failures caused by third parties or circumstances beyond our control including mechanical, electronic or equipment failure. We will not provide you with next day notice of ACH, wire transfers and other electronic payments credited to your account. You will receive notice of such credits on your account statements. You may contact us to determine whether a payment has been received. If we fail to properly execute a payment order, and such action results in a delay in payment to you, we will pay you dividends or interest for the period of delay as required by applicable law. The dividends or interest paid to you will be based on the lowest nominal dividend or interest rate we were paying on any account during that period. Payment orders we accept will be executed within a reasonable time of receipt but may not necessarily be executed on the date they are received. Cut-off times may apply to the receipt, execution and processing of funds transfers, payment orders, cancellations, and amendments and if received after a cut-off time, may be treated as having been received on the next following funds transfer business day. Information about any cut-off times is available upon request. When you initiate a wire transfer, you may identify the recipient and any financial institution by name and by account or identifying number. The credit union and any other financial institutions facilitating the transfer may rely strictly on the account or identifying number even if the number identifies a different person or financial institution. Any account owner may amend or cancel a payment order even if that person did not initiate the order. We may refuse requests to amend or cancel a payment order that we believe will expose the credit union to liability or loss. Any request to amend or cancel a payment order that we accept will be processed within a reasonable time after it is received. You agree to hold us harmless from and indemnify us for all losses and expenses resulting from any actual or attempted amendment or cancellation of a payment order. We may require you to follow a security procedure to execute a payment order or certain electronic funds transfer transactions. We will notify you of any such security procedures and you agree that our security procedures are commercially reasonable.
11. ACCOUNT RATES AND FEES - We pay account earnings and assess fees against your account as set forth in the Truth-in-Savings Disclosure. We may change the Truth-in-Savings Disclosure at any time and will notify you as required by law.
12. TRANSACTION LIMITATIONS –
a. Withdrawal Restrictions. We will pay checks or drafts, permit withdrawals and make transfers from available funds in your account. The availability of funds in your account may be delayed as described in our Funds Availability Policy Disclosure. We may also pay checks or drafts, permit withdrawals and make transfers from your account from insufficient available funds if you have established an overdraft protection plan or, if you do not have such a plan with us, according to our overdraft payment policy.
We may refuse to allow a withdrawal in some situations, and will advise you accordingly; for example: (1) a dispute between account owners (unless a court has ordered the credit union to allow the withdrawal); (2) a legal garnishment or attachment is served; (3) the account secures any obligation to us; (4) required documentation has not been presented; or (5) you fail to repay a credit union loan on time. We may require you to give written notice of seven (7) days to sixty (60) days before any intended withdrawals.
b. Transfer Limitations. We may limit the dollar amount or the number of transfers from your account. Please consult your Truth-In-Savings Disclosure or your Electronic Funds Transfer Agreement and Disclosure.
13. CERTIFICATE ACCOUNTS - Any time deposit, term share, share certificate, or certificate of deposit account allowed by state law (certificate account), whichever we offer, is subject to the terms of this Agreement, the Truth-in-Savings Disclosure and Account Deposit Receipt for each account, the terms of which are incorporated herein by reference.
14. OVERDRAFTS –
a. Payment of Overdrafts. If, on any day, the available funds in your share or deposit account are not sufficient to pay the full amount of a check, draft, item, transaction or other items posted to your account plus any applicable fee ("overdraft"), we may pay or return the overdraft. The credit union's determination of an insufficient available account balance may be made at any time between presentation and the credit union's midnight deadline with only one review of the account required. We do not have to notify you if your account does not have sufficient available funds to pay an overdraft. Your account may be subject to a charge for each overdraft regardless of whether we pay or return the overdraft. Except as otherwise agreed in writing, if we exercise our right to use our discretion to pay an overdraft, we do not agree to pay overdrafts in the future and may discontinue covering overdrafts at any time without notice. If we pay an overdraft or impose a fee that overdraws your account, you agree to pay the overdrawn amount in accordance with your overdraft protection plan, or, if you do not have such a plan, in accordance with our overdraft policy.
b. Order of Payments. Checks, drafts, items and other transactions may not be processed in the order that you make them or in the order that we receive them. We may, at our discretion, pay a check, draft or item and execute other transactions on your account in any order we choose. The order in which we process checks, drafts and items and execute other transactions on your account may affect the total amount of overdraft fees that may be charged to your account. Please contact us if you have questions about how we pay checks or drafts and process transfers and withdrawals.
15. POSTDATED AND STALEDATED DRAFTS - You agree not to issue any check or draft that is postdated. If you do issue a check or draft that is payable on a future date and we pay it before that date, you agree that we shall have no liability to you for payment. You agree not to deposit checks, drafts or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date.
16. STOP PAYMENT ORDERS –
a. Stop Payment Order Request. Any owner may request a stop payment order on any check or draft drawn on the owner's account. To be binding the order must be in writing, dated, signed, and must accurately describe the check or draft including the exact account number, check or draft number and the exact amount of the check or draft. This exact information is necessary for the credit union's computer to identify the check or draft. If we receive incorrect or incomplete information, we will not be responsible for failing to stop payment on the check or draft. In addition, we must receive sufficient advance notice of the stop payment order to allow us a reasonable opportunity for us to act on it. If we recredit your account after paying a check or draft over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to assign to us all of your rights against the payee or other holders of the check or draft and to assist us in any legal action.
b. Duration of Order. You may make an oral stop payment order which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. Written stop payment orders are effective for six (6) months and may be renewed for additional six (6) month periods by requesting in writing that the stop payment order be renewed within a period which the stop payment order is effective. We are not required to notify you when a stop payment order expires.
c. Liability. Fees for stop payment orders are set forth in the Truth-in-Savings Disclosure. You may not stop payment on any certified check, cashier's check, teller's check, or any other check, draft, or payment guaranteed by us. Although payment of an item may be stopped, you may remain liable to any item holder, including us. You agree to indemnify and hold the credit union harmless from all costs, including attorney's fees, damages or claims related to our refusing payment of an item, including claims of any joint account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.
17. CREDIT UNION LIABILITY - If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains insufficient funds for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We exercise ordinary care if our actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearinghouse rules, and general financial institution practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Agreement. Any conflict between what you or our employees may say or write will be resolved by reference to this Agreement.
18. CHECKS PRESENTED FOR PAYMENT IN PERSON - We may refuse to accept any check or draft drawn on your account that is presented for payment in person. Such refusal shall not constitute a wrongful dishonor of the check or draft and we shall have no liability for refusing payment.
19. PLEDGE/STATUTORY LIEN - Unless prohibited by law, you pledge and grant as security for all obligations you may have now or in the future, except obligations secured by your principal residence, all shares and dividends and all deposits and interest, if any, in all accounts you have with us now and in the future. If you pledge a specific dollar amount in your account for a loan, we will freeze the funds in your account(s) to the extent of the outstanding balance of the loan or, if greater, the amount of the pledge if the loan is a revolving loan. Otherwise, funds in your pledged account(s) may be withdrawn unless you are in default. Federal or state law, depending upon whether we have a federal or state charter, gives us a lien on all shares and dividends and all deposits and interest, if any, in accounts you have with us now and in the future. Except as limited by state or federal law, the statutory lien gives us the right to apply the balance of all your accounts to any obligation on which you are in default. After you are in default, we may exercise our statutory lien rights without further notice to you.
Your pledge and our statutory lien rights will allow us to apply the funds in your account to what you owe when you are in default, except as limited by state or federal law. If we do not apply the funds in your account(s) to satisfy your obligation, we may place an administrative freeze on your account(s) in order to protect our statutory lien rights and may apply the funds in your account(s) to the amount you owe us at a later time. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. By not enforcing our right to apply funds in your account to your obligations that are in default, we do not waive our right to enforce these rights at a later time.
20. LEGAL PROCESS - If any legal action is brought against your account, we may pay out funds according to the terms of the action or refuse any payout until the dispute is resolved. Any expenses or attorney fees we incur responding to legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest.
21. ACCOUNT INFORMATION - Upon request, we will give you the name and address of each agency from which we obtain a credit report regarding your account. We agree not to disclose account information to third parties except when: (1) it is necessary to complete a transaction; (2) the third party seeks to verify the existence or condition of your account in accordance with applicable law; (3) such disclosure complies with the law or a government agency or court order; or (4) you give us written permission.
22. NOTICES –
a. Name or Address Changes. You are responsible for notifying us of any address or name change. The credit union is only required to attempt to communicate with you at the most recent address you have provided to us. We may require all name and address changes to be provided in writing. If we attempt to locate you, we may impose a service fee as set forth in the Truth-in-Savings Disclosure.
b. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement. We will notify you of any change in terms, rates, or fees as required by law. We reserve the right to waive any term in this Agreement. Any such waiver shall not affect our right to future enforcement.
c. Effect of Notice. Any written notice you give us is effective when we receive it. Any written notice we give to you is effective when it is deposited in the U.S. mail, postage prepaid and addressed to you at your statement mailing address. Notice to any account owner is considered notice to all account owners.
23. TAXPAYER IDENTIFICATION NUMBERS AND BACKUP WITHHOLDING - Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments. If you fail to provide your TIN, we may suspend opening your account.
24. STATEMENTS –
a. Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one statement is necessary for joint accounts. For share draft or checking accounts, you understand and agree that your original check or draft, when paid, becomes property of the credit union and may not be returned to you, but copies may be retained by us or be payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are sent to you. You also understand and agree that checks or drafts or copies thereof are made available to you on the date the statement is sent to you, even if the checks or drafts do not accompany the statement.
b. Examination. You are responsible for promptly examining each statement upon receiving it and reporting any irregularities to us. If you fail to report any irregularities such as forged, altered, unauthorized, unsigned, or otherwise fraudulent items drawn on your account, erroneous payments or transactions, or other discrepancies reflected on your statement within thirty-three (33) days of the date we sent the statement to you, we will not be responsible for your loss. We also will not be liable for any items that are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.
c. Notice to Credit Union. You agree that the credit union's retention of checks or drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charged to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement, you agree to notify us within fourteen (14) days of the time you regularly receive a statement.
25. INACTIVE ACCOUNTS - If your account falls below any applicable minimum balance and you have not made any transactions over a period specified in the Truth-in-Savings Disclosure during which we have been unable to contact you by regular mail, we may classify your account as inactive or dormant. Unless prohibited by applicable law, we may charge a service fee as set forth in the Truth-in-Savings Disclosure for processing your inactive account. If we impose a fee, we will notify you, as required by law, at your last known address. You authorize us to transfer funds from another account of yours to cover any service fees, if applicable. To the extent allowed by law, we reserve the right to transfer the account funds to an account payable and to suspend any further account statements. If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with you within the period specified by state law, the account will be presumed to be abandoned. Funds in abandoned accounts will be reported and remitted in accordance with state law. Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency.
26. SPECIAL ACCOUNT INSTRUCTIONS - You may request that we facilitate certain trust, will, or court-ordered account
arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or provide us with other protection. Account changes requested by you, or any account owner, such as adding or closing an account or service, must be evidenced by a signed Account Change Card and accepted by us.
27. TERMINATION OF ACCOUNT - We may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if: (1) there is a change in owners or authorized signers; (2) there has been a forgery or fraud reported or committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any checks or drafts are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any misrepresentation or any other abuse of any of your accounts; or (7) we reasonably deem it necessary to prevent a loss to us. You may terminate an individual account by giving written notice. We reserve the right to require the consent of all owners to terminate a joint account. We are not responsible for payment of any check, draft, withdrawal, or other item after your account is terminated; however, if we pay an item after termination, you agree to reimburse us.
28. TERMINATION OF MEMBERSHIP - You may terminate your membership by giving us written notice or by withdrawing your minimum required membership share, if any, and closing all your accounts. You may be denied services for causing a loss to the credit union or you may be expelled for any reason consistent with the credit union's bylaws and as allowed by applicable law.
29. DEATH OF ACCOUNT OWNER - We may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we know of a member's death. Once we know of a member's death, we may pay checks or drafts or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days after that date unless we receive instructions from any person claiming an interest in the account to stop payment on the checks, drafts or other items. We may require anyone claiming a deceased owner's account funds to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of any account owner.
30. SEVERABILITY - If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.
31. ENFORCEMENT - You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions.
32. GOVERNING LAW - This Agreement is governed by the credit union's bylaws, federal laws and regulations, the laws, including applicable principles of contract law, and regulations of the state in which the credit union's main office is located, and local clearinghouse rules, as amended from time to time. As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the credit union is located.
33. NEGATIVE INFORMATION NOTICE - We may report information about your loan, share or deposit accounts to credit bureaus. Late payments, missed payments, or other defaults on your accounts may be reflected in your credit report.
CUNA Mutual Group, 1993, 2006 D10115 (VA) Rev. 08/06
VISA Credit Card Terms & Conditions
|APR - Annual Percentage Rate
||Secured VISA Classic as low as 18.00% APR
Visa Platinum as low as 10.49% APR
|Grace Period for Purchases
|Method of Computing the Balances for Purchases
||Average Daily Balance (including new purchases)
|Transaction Fee for Purchases
||None - $0
|Late Payment Fee
||up to $25.00**
||3% or $5 Minimum
|Balance Transfer Fee
||3% or $5 Minimum
** If the payment is not recieved by due date.
VISA Gift Card Terms & Conditions
FAIRFAX COUNTY FEDERAL CREDIT UNION VISA® GIFT CARD TERMS AND CONDITIONS
The following are your Fairfax Federal Credit Union Visa Gift Card Terms and Conditions. In these Terms and Conditions "you" or "your" means the person who has received the FCFCU Visa Gift Card; "we", "us" or "our" means FCFCU; "Card" means the FCFCU Visa Gift Card. Please read the following carefully and keep them for your records. By accepting and using your Card, you are agreeing to these Terms and Conditions.
Using Your Card
The FCFCU Non Personalized Gift Card is activated upon load, therefore please register your card at https://www.fairfaxcu.org/gift-card.html. Please sign the back before you can use the Card.
Your FCFCU Visa Gift Card is issued by FCFCU and may be used for purchases at most merchants where Visa Debit is accepted. The Card may not be used for recurring payments, non-financial money exchange establishments and gambling establishments.
Some merchants, like restaurants, may attempt to submit authorizations against the Card for an amount greater than the actual purchase amount. If a merchant attempts an authorization greater than the balance remaining on your gift Card, it may be declined.
This FCFCU Visa Gift Card is not a credit Card and may not be reloaded. You may only use it when there is a balance remaining on the Card and only up to the amount left on the Card. Purchases will be deducted from your FCFCU Visa Gift Card until the value reaches zero. If a transaction initiated by you exceeds the remaining balance on the Card, you must tell the merchant before completing the transaction. Any transaction attempted for more than the amount available on the Card will be declined. Therefore, you must know the amount available on your Card and inform the merchant to process the transaction in that amount. You must pay the difference with another form of payment. If you are given value through the use of the Card greater than the balance remaining, you will pay us on demand the amount by which your transactions exceeded the balance remaining on the Card.
Fees and Charges
• Card Load Fee: $4.95 if a member purchased and ordered from a local branch
• Inactivity Fee: You will be charged a fee of $5.00 each month, beginning on the 13th month on the Card, as long as there is no activity on the Card.
• Card Replacement Fee (L/S): A $10.00 fee is assessed on the account when a card that is marked as lost/stolen is replaced.
Non U.S. Transactions
If a Card transaction is made in a currency other than that loaded on the Card, the amount will be converted into the appropriate currency at an exchange rate on the day the transaction is processed. The exchange rate used to determine the transaction amount in US dollars is either a rate selected from Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date.
Your Liability For A Lost or Stolen Card or Unauthorized Transactions
Contact us immediately at 866-902-6082 if you believe the Card has been lost or stolen, or that someone has accessed or may access money from the Card without your permission. You will not be liable for lost value on the Card if you satisfy the following conditions:
- You have immediately called us and reported the Card lost or stolen, which allows us to the status the Card.
- You have signed the Card on its reverse side in permanent ink.
- You inform us of the Card number and the approximate date of your last authorized use.
- Your have not reported two or more incidents of unauthorized use to us in the preceding 12-month period.
- You report all facts of the loss or theft to us and you cooperate in our investigation.
Our Liability for Failure to Make Transactions
We may restrict access to the Card, temporarily or permanently, if we notice suspicious activity in connection with the Card, and we will notify you if we do so. We have no liability for restricting access to the Card because of suspected suspicious activity. Access will be reinstated if we determine that there has been no unauthorized use of the Card.
If we do not complete a transfer from the Card on time or in the correct amount according to our Agreement with you (other than for restrictions because of suspicious activity), we will be liable for the correct amount of the transfer. However, there are some exceptions. We will not be liable, for instance:
- If through no fault of ours, a merchant refuses to honor the Card;
- If through no fault of ours, you do not have enough money available on the Card to make a purchase;
- If the terminal or system was not working properly;
- If the Card is expired, damaged, or revoked;
- If the Card has been reported lost or stolen;
- If the Credit Union has reason to believe there is something wrong, for example, that the Card has been stolen;
- If the transaction information supplied to the Credit Union by you or a third party is incorrect or untimely;
- If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken;
- The merchant authorizes an amount greater than the purchase amount.
There may be other applicable exceptions as otherwise provided by state or federal laws.
Error Resolution Procedures
Records detailing the use of your Card are available by calling 866-902-6082. In case of errors or questions about transactions arising from the use of your Card, of if any records you see show transactions that you did not make, call 866-902-6082 immediately. We must hear from you no later than 60 days after the transaction appeared on the transaction activity report. If a good reason such as a hospital stay or long trip prevented you from telling us, we may, at our discretion, extend the period for a reasonable time. In order to help you with your questions, we will need the following information:
- Your name, address, phone number, and Card number.
- A description of the error or transaction you are unsure about and why you believe there is an error or why you need more information.
- The dollar amount of the suspect error.
Once the type of dispute is identified, we will mail you the appropriate paperwork to complete. No other action will be taken until the completed paperwork is received at the address specified in the documentation. Upon receipt of the completed paperwork, we will send you a confirmation letter and begin the investigation. We will determine whether an error occurred within 60 days. If we need more time, however, we may take up to 30 additional days to investigate your complaint or question. If we decide to do this, we will send you a letter. Credit will be given only after it has been determined that it is warranted.
We will tell you the results after completing 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 we used in our investigation.
Closure, Expiration, or Revocation of Card
You may close your Card and receive the remaining balance by contacting 866-902-6082 or by visiting your local FCFCU branch. A fee will apply (see Fees and Charges).
Your Card expires on the last day of the monthly displayed on the Card. At expiration, the Card will be closed and any unused balance will be returned to the appropriate governing body under applicable escheatment laws.
The Card is the property of FCFCU and we may revoke the Card at any time without cause or notice. You agree to surrender a revoked Card promptly upon demand. Upon revocation, any stored value remaining on the Card will be refunded to you less any applicable fees.
Visa ® Reloadable Prepaid Card Terms and Conditions
These are your Prepaid Card Terms and Conditions.
"Agreement" means these Visa Prepaid Card Terms and Conditions. "We" "us" and "our" refer to Fairfax Federal Credit Union. "You" and "your" refer to the person who has obtained a Card from us. "Card" means the primary Visa reloadable Prepaid Card and any secondary reloadable Prepaid Cards obtained from us. Our "Business Days" are Monday through Friday; bank holidays are not included.
We agree to maintain the Card for you and to perform according to this Agreement. By obtaining a Card from us, activating the card, and by using the Card or by permitting anyone else to use the Card, you agree to the provisions of this Agreement, which is subject to amendment, and further agree that this Agreement is binding on your successors, representatives and assigns. We may from time to time adopt new or amended provisions which will be effective after notice has been mailed to you at the last address or email address shown for the Card on our records or has been posted on our Web site fairfaxcu.org, or as otherwise permitted by law. Provisions changed pursuant to regulatory authorities shall be effective per such regulation without further notice.
Ownership and Use of the Card
The Card is and will remain our property. However, you will be solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request. The Card may not be used for Internet lottery, betting, or gambling transactions or for any illegal transactions.
Before using the Card
You must activate the Personalized Card by calling the number indicated on the sticker on the front of your Card, or signing on to our secure website. Non Personalized Cards are activated upon load, however it is recommended that you register your card by signing on to our secure website. Remember to sign the reverse of the Card. Write down your Card number and the Customer Service Number on a separate piece of paper in case the Card is ever lost or stolen. At the time of activation, for your protection and for regulatory purposes, we may request, and you agree to provide, some additional identification verification information such as your home phone number, date of birth, social security number and zip code. We may use this data for a range of purposes, including but not limited to facilitating refunds if your Card is lost or stolen, enhancing usage at merchants that may require zip code authorization, and aiding in collection efforts in the event of a Shortage, as defined herein. We will hold your information in confidence in accordance with the section below entitled "Data Protection and Privacy". If you do not wish to provide the data, or if the data you provide us cannot be appropriately verified, we reserve the right to cancel your Card and reimburse you for the Initial Load Amount.
Please read the following carefully and keep these Terms and Conditions for your records as they set out the Agreement between you and us. You will be deemed to have accepted the Card and the terms of this Agreement if you do any of the following: (a) use the Card or (b) activate the Card.
Please sign the back of your Prepaid Card using your usual signature immediately upon receipt.
You must be a resident of the U.S. to purchase the Card. The minimum value that can be prepaid is $100.
Using Your Card
The VISA Prepaid Card is a reloadable stored-value card. It is neither a credit card, nor a NCUA insured deposit account. This card is issued by Fairfax County Federal Credit Union; pursuant to a license from Visa U.S.A, Inc. Your Card allows you to access your prepaid funds at ATMs, which display the Visa brand. You may also use your card at merchants who accept VISA debit cards worldwide. The card may not be used at some merchants including non-financial money exchange establishments and gambling establishments.
The maximum value credited to the Prepaid Card on issue is limited to $5000, and no more than $25,000 can be available for use on the Card at any one time.
Activate your Card by calling toll-free, 1-866-760-3156 or visit us online at www.fairfax.org. You will be required, for validation purposes, to provide personal information. During activation you will be given a PIN. You may also select your own PIN. You will need your PIN to access cash from ATMs and to use at Interlink merchants. Be sure to choose a PIN with a number that, while easy for you to remember, may be difficult for someone else to guess. You may use your Card after activation.
The Card is non-transferable. The person who purchases the Card is the only person authorized to use the Card. Please do not give your Card to anyone else to use.
You may request four additional Cards when you order your Card for any user you authorize which will have to be separately activated and which can be used in the same way as the Card at ATMs and merchants that accept VISA debit cards. You are responsible for all authorized transactions made with this additional Card. Only the primary cardholder can load funds to the account.
You may only use the Card when there is a balance available on the Card and only up to the amount left on the Card and any transaction fee due. All use at an ATM or for purchases will be deducted from your Card, including any transaction fees. Any transaction made that exceeds the available balance will be declined.
Some Interlink and VISA merchants may, subject to limits, allow you to use your Card for cash-back on purchases and cash may be advanced at a Visa affiliated financial institution.
When you use your Card at an automated gas station pump you will require a minimum of $99 available credit on the Card to enable gas to be dispensed (It may take up to 24 hours before any unused amount is available to spend due to the way in which the transactions are processed). If your available balance is less than this, please pay the attendant in the gas station.
If you use the Card to make a telephone call this can require of minimum credit of $15.
If you use your Card to purchase meals or drinks many restaurants and bars factor a tip into the price of up to 20% when pre-authorizing Card purchases but you will only be debited with the actual amount you spend.
Should you use your Card to pre-authorize a hotel reservation, add 15% to the reservation. Any amount requested in a pre-authorization will not be available to you to spend using the Card, although you will only be finally debited with the actual amount you spend. If 30 days elapse without you authorizing an amount any pre-authorization will be cancelled and this will be available to you.
Automobile rental and/or cruise ship businesses, likewise add 15% to the rental/reservation to allow for any additional expenses. If 30 days elapse without you authorizing an amount any pre-authorization will be cancelled and this will be available to you. Mail order companies often add a similar amount for potential shipping costs although the amount finally debited will be as the final bill.
When making a purchase on the phone, by mail or online the account information you provide must be the same account information as registered for the Card and a difference may lead to a declined authorization.
If you use the Card to buy goods and you want to use some other method of payment for part of the cost please advise the store in advance and use the Card first before paying any balance by other means. We do not guarantee that the establishment will fulfill this request.
Your Card will expire on the date embossed on the front of the Card, which will be not less than 24 months after you purchased the Card. If your account is a personalized account, is in good standing, and has greater than a $0 balance, it will automatically reissue.
The Card is our property and we may revoke the Card at any time without cause or notice. You must surrender a revoked Card and any Additional Card and you may not use an expired or revoked Card. Upon revocation any amount remaining in your Card account, after deducting all applicable fees, will be returned to you.
You will notify us promptly within a reasonable time if the Card is lost or stolen. A replacement Card will be issued for the balance remaining on the Card at the time it is reported lost or stolen (subject to unauthorized use of the Card as set out below).
We may change the terms of this Agreement or any features of the Card, and we will give you notice of any such change required by law.
Any entity honoring the Card is required to obtain approval or authorization for any transaction. The balance available for authorizing transactions with the Card is the lesser of your available balance or any dollar limitation disclosed for the transaction being performed. You may use your Card only in the manner and for the purposes authorized by this Agreement.
You do not have the right to stop payment on any purchase transaction originated by use of the Card. We are not responsible for any injury to you or to anyone else caused by any goods or services purchased or leased with your Card. If you are entitled to a refund for any reason for goods or services obtained with a Card, you agree to accept credits to your Card in place of cash.
We may suspend access to your Card if we notice excessive use of your Card or other suspicious or potentially illegal activities. Access will be reinstated once we have notified you, clarified the situation and rectified any problems.
You agree to take all necessary steps to protect your PIN and never disclose your PIN to anyone. For security purposes never write your PIN on the Card and never carry a record of your PIN in your purse or wallet. If you permit someone else to use your Card and you give that person your PIN, we will treat this as if you have authorized this person to use your Card and you will be responsible for any transactions initiated by such person with your Card.
We advise that any person to whom you may give an additional Card should be advised to treat the PIN for that Card in the same manner.
For Your Safety When Using an ATM, Please Observe the Following
If the ATM you are using is inside a building, close the entry door completely upon entering. Individuals who have a legitimate need to gain access to an ATM should have an access device. Put withdrawn cash in a secure place before stepping away from the ATM. Be aware of your surroundings. If you believe you are being watched or followed, cancel your transaction, then go to a well-populated area. If necessary, call the local police. Do not write your PIN on or near the Card. Do not give your PIN to anyone else. In case of an emergency, call 911.
Card Activity Information
You can review your Card balance and the last 5 transactions activity records by calling toll-free 1-866-760-3156 or by visiting www.fairfaxcu.org where full details of all transactions are available free of charge.
This information is available to you 24 hours a day, 7 days a week. Your Fairfax County FCU VISA Prepaid Card account number and some of the information requested when you ordered the Card are required for authentication.
You can add value of at least $5000 on your Prepaid Card by making a payment at your local Fairfax County Federal Credit Union branch. Please bear in mind the number of loads on a Non-personalized card is limited to four including the initial load. Personalized cards have unlimited reload capabilities.
You can also add value at www.fairfaxcu.org or by calling toll free 1-866-760-3156 by initiating funds transfer from your designated funding account. Funds may not be available for immediate use after you have initiated the transfer.
The frequency, amount, and timing of cash withdrawals made from ATMs; may be limited by the ATM operator. ATM use is subject to a transaction withdrawal limit of $500 or 25 withdrawals per 24-hour period. There may be other limitations on the types, frequency, and timing of cash withdrawals established by us from time to time, without notice, for security purposes.
In addition to our ATM withdrawal fee described below, an additional fee may be imposed by an ATM operator when you initiate a withdrawal or balance inquiry and by any ATM network used to complete the transaction. This surcharge may not be notified to you in advance and will be deducted from the Card.
Prepaid Card Account Fees and Charges
Additional Card Fee - $4.95 & $5.95.
Reload Fee - $3.50 to reload value onto your Visa Prepaid Card. (Please remember Non-Personalized cards are limited to 4 loads including the initial value load.)
ATM Fee - There is a $2 ATM withdrawal fee per ATM withdrawal in the US and $2 elsewhere in the world.
Bank Cash Advance Fee - There is a 4% fee per withdrawal in the US and elsewhere in the world.
Monthly Maintenance Fee - You will be charged a fee of $5 each month, starting after the initial twelve months and a balance remaining on the card.
Foreign Exchange: If a card transaction is made in a currency other than that loaded on the Card, the amount will be converted into the appropriate currency at an exchange rate on the day the transaction is processed. The exchange rate used is the wholesale money market or the government-mandated rate increased by 7% (including the VISA handling charge of 1%).
**Cardholders should always regularly check their transaction history for accuracy. Financial institutions may impose greater liability on the cardholder if the financial institution reasonably determines that the unauthorized transaction was caused by the gross negligence or fraudulent action of the cardholder—which may include your delay for an unreasonable time in reporting unauthorized transactions.
If we do not complete a transfer from the Card on time or in the correct amount according to these terms and conditions we will be liable for your losses or damages. However there are some exceptions. We will not be liable, for instance:
If through no fault of ours, an ATM or merchant refuses to honor the Card.
If through no fault of ours, you do not have enough money available on your Card to make a withdrawal or purchase.
If the terminal or system was not working properly and it was known about when the transaction started.
If circumstances beyond our control; (such as flood or fire) prevent the transfer, despite reasonable precautions that we have taken.
Other exceptions stated in these terms and conditions.
Errors or Questions
If you think there is an error involving a transaction made with your Card such as a purchase you didn't make or an incorrect amount charged to your Card, please call us at 1-866-760-3156, e-mail us at Memberservice@fairfaxcu.org or write to us at: Cardholder Services P.O. Box 550578 Ft. Lauderdale, FL 33355. If you tell us orally, we may require that you send your claim or question in writing within 10 business days.
We must hear from you no later than 60 days after the transaction is posted to your account. Tell us your name and Card number. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. Tell us the dollar amount of the suspected error.
Generally, 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 forty-five (45) calendar days to investigate your complaint or question. If we decide to do this, we will re-credit your Card within 10 business days for the amount you think is in error, so that you will have 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 re-credit your Card.
If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation and any credit made under the preceding paragraph must be repaid by you. You may ask for copies of documents that we used in our investigation.
Unauthorized Use of Your Card
Our zero liability policy may protect you from liability for certain unauthorized transactions. Under our zero liability policy, unless you have been grossly negligent or have been engaged in fraud, you will not be liable for any unauthorized transactions made with your lost or stolen Card. If you are grossly negligent or have engaged in fraudulent conduct, you could lose all the money in your account. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Any unauthorized transactions will be re-credited to your Card in 5 business days.
Also, if your account history has transactions that you did not make, tell us at once by calling, toll-free, 1-866-760-3156. If you do not tell us within 60 days after the transaction was posted to your account, you may not get back any money you lost if we can prove we could have stopped someone from fraudulently using the Card if you had told us in time. If we believe that a good reason kept you from telling us, we will extend the time periods.
We reserve the right to terminate this Agreement or any of the services that are described herein by giving you written notice. You may, at any time, terminate this Agreement by calling us, toll-free, at 1-866-760-3156. Termination will not affect any of our rights or your obligations arising under this Agreement prior to termination.
We may amend these terms and conditions at any time by adding, deleting or changing provisions in compliance with the applicable notification requirements of federal law. However, if the change is made for security purposes, we can implement it without prior notice.
We may at any time and without notice to you assign the Card, this Agreement or any of our rights or obligations under the Card or this Agreement to any person or entity. The person or entity to which we make any such assignment shall be entitled to all our rights and/or obligations under this Agreement, to the extent assigned.
Please refer to the attached link for our policies on information collection and sharing. https://www.fairfaxcu.org/about/privacy.htm
The balance on an expired card may become unclaimed funds and income to Fairfax County Federal Credit Union if, as shown by our records, you have not, within the statutory period, caused any activity or received any payments with regard to the Card, indicated any interest in the Card, corresponded with us concerning the Card, or otherwise indicated an interest in the Card as evidenced by a writing on file with us, or transacted any business with us.
Visa’s Zero Liability policy means 100 percent protection for you. Visa’s enhanced policy guarantees maximum protection against fraud. You now have complete liability protection for all of your card transactions that take place on the Visa system. Should someone steal your card number while you’re shopping, online or off, you pay nothing for this fraudulent activity.
If you notice fraudulent activity on your card, promptly contact your financial institution to report it. It is important to continually monitor your monthly statement to identify any unauthorized transactions. **
Member Satisfaction Survey Drawings
NO FEE OR PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE THE ODDS OF WINNING. The inclusion in the email survey promotion begins on the first business day of the month the email request is generated by Fairfax County Federal Credit Union and ends the last business day of the same month and year. All electronic entries must be received no later than the close of business on the last day of the month. For example, email survey generated in April must be submitted for inclusion by the close of business on April 30th. Fairfax County Federal Credit Union is not responsible for lost, stolen, misdirected, delayed, destroyed or illegible entries.
ELIGIBILITY: Sweepstakes is open to legal residents of the United States who are 18 years of age or older at time of entry. Fairfax County Federal Credit Union employees, resellers, consultants, contractors, their immediate families (parent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion.
By entering the Promotion, participants agree to release, discharge and hold harmless Fairfax County Federal Credit Union , its affiliates, subsidiaries, officers, directors, employees and agents from any and all damages, costs, expenses, and other liabilities, including damages for personal injury or damage to property, whether the damages are direct or indirect, and regardless of whether the claim is based on contract, tort or any other legal theory, which may be due to or arise out of participation in the Program or any portion thereof or the acceptance, use/misuse or possession of the prize.
By participating, you agree to these Official Rules and to the decisions of Fairfax County Federal Credit Union being final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations in the US apply.
HOW TO ENTER: Limit one entry per person. All subsequent entries from the same person or email address will be disqualified. Any attempt by a person to enter more than once with multiple email accounts will result in disqualification. The Promotion is an electronic random drawing.
To enter the Promotion you must provide/enter your true and correct name, email address, telephone number and complete the member satisfaction survey.
Electronic entries will be deemed made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. All entries become the property of Fairfax County Federal Credit Union.
PRIZE: The prize includes shipping within the 50 United States, which will be paid for by Fairfax County Federal Credit Union. The prize(s) consists of: $100 VISA Gift Card. There will be one winner; receiving one $100 gift card. Fairfax County Federal Credit Union reserves the right to substitute the prizes for ones of equal or greater value.
SWEEPSTAKES DRAWING AND NOTIFICATION OF PRIZE WINNERS: The random drawing will be held on or before the 5th day of the following month of the entry period. Decisions by Fairfax County Federal Credit Union of winner eligibility, notification, and acceptance or disqualification will be final and binding. Prize winner will receive prize notification by one of the following methods: telephone, email or certified mail.
The winner will have three (3) days after notification to accept the prize or will be disqualified and an alternate winner selected.
WINNER LIST: For the name of the Winners, send a self-addressed stamped envelope to:
Request must be made within 30 days following the close of the promotion
Fairfax County Federal Credit Union
4201 Members Way Fairfax, VA 22030
Attention: Marketing Department
LIMITATIONS OF LIABILITY: Fairfax County Federal Credit Union is not responsible for any incorrect or inaccurate information, whether caused by Web site users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in processing entries for the Promotion.
Fairfax County Federal Credit Union is not responsible for lost, interrupted or unavailable Web site network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic.
Fairfax County Federal Credit Union is not responsible for any delay, error, failure, problem or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of electronic mail or entries due to technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to any entrant, entrant's computer or to any other computer related to or resulting from participation in, or downloading materials for, this Promotion. If for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Fairfax County Federal Credit Union which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Fairfax County Federal Credit Union reserves the right at their sole discretion to cancel, terminate, modify or suspend the Promotion.
CONDUCT: Fairfax County Federal Credit Union reserves the right, at their discretion, to disqualify anyone found to be tampering with the entry process or the operation of the Promotion or Web site hosting the Promotion, to be acting in violation of the Official Rules, to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS. FAIRFAX COUNTY FEDERAL CREDIT UNION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL INFORMATION: This promotion is conducted in English (which will be given its everyday ordinary meaning) and any and all disputes shall be submitted to arbitration in accordance with the Rules of the American Arbitration Association then in effect, with any hearings pursuant to such Rules to be held in Pittsburgh, Pennsylvania. Should there be a conflict between the laws of the State of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the State of Pennsylvania. The award rendered by the arbitrator shall be final and judgment may be entered upon the award in any court having jurisdiction thereof.
SPONSOR: The sponsor of this Promotion is: Fairfax County Federal Credit Union, 4201 Members Way, Fairfax, VA 22030
*Fairfax County Federal Credit Union reserves the right to extend the end date of the Promotion.
Luxury Expenditures Policy