Welcome to Travis Credit Union!
Thank you for becoming a member of Travis Credit Union (the “Credit Union”) and allowing us to serve your business needs. By signing the business account application/signature card and depositing money in an account, you and the Credit Union agree to the applicable terms and conditions contained within this agreement and disclosure, and any accompanying disclosures and amendments thereto. All fees and charges which apply to your account(s) are disclosed in the Credit Union’s Business Account Fee Schedule which is provided with this agreement.
The following terms and conditions governing your account(s) constitute a mutually protective service agreement between you and the Credit Union. This agreement and disclosure supplement the terms and conditions in other disclosures, which are included for reference. All transactions covered by this agreement are also subject to the terms and conditions of your individual account agreements with us.
You will receive an Initial Account Disclosure which explains specific account terms and conditions such as required deposit amount, dividend rate and Annual Percentage Yield (APY) and includes information about rates and how such rates are determined. Keep this agreement, the Business Account Fee Schedule, Initial Account Disclosures and other specific disclosures with your permanent documents. You will receive periodic statements which will provide you with the status of your accounts. The words “you,” “your” and “yours” mean each and all of those who sign an account signature card or you, the Member, as applicable. The words “we,” “us,” “our” and "Credit Union" mean Travis Credit Union.
The person, business, organization, association, sole proprietorship, corporation, LLC, or partnership in whose name the account is held (the “Member”) and the authorized signers on the account signature card agree to conform to the bylaws of the Credit Union and agree to the terms, conditions and fee schedules established by the Credit Union for any accounts established by the Member.
You agree to give the Credit Union advance written notice of any change in your form of ownership. You further represent that all documents delivered to the Credit Union in connection with the account are true, accurate, complete, and will be kept up-to-date and may be conclusively relied upon.
Sole Proprietorship Accounts
A sole proprietorship is the simplest and most common form of a business entity. It consists of one individual (or a married couple) in business for him or herself. Legally the sole proprietor and his or her business enterprise are one entity. There is no legal distinction between personal debt and business debt. A sole proprietor is treated as an individual and must be within the field of membership.
The Credit Union classifies all sole proprietorship accounts as either individual or joint accounts. All joint accounts are classified as Joint Tenancy with Rights of Survivorship.
A joint sole proprietorship account is in the names of two married individuals who have undivided ownership with the right of survivorship. Should any joint account owner die, the other account owner will automatically own all monies in the account which will not be subject to the terms of a will or probate proceeding on the estate of the deceased. If any joint account owner dies, the Credit Union should be notified in writing as soon as possible and a certified copy of a Death Certificate provided.
Any one of the joint account owners has the power to act in all matters relating to the account such as deposits, withdrawals and pledge of account as security on a loan. However, no joint owner of an account may vote or obtain loans individually unless they are a member of the Credit Union in their own right.
If you are a sole proprietor, you agree upon your death that your estate shall release and indemnify the Credit Union for any payment made at the direction of an authorized signer on your account, provided the Credit Union has not received written notification of your death.
If you are doing business under a fictitious name, you represent and agree that you have properly filed all documents required by California state law.
To establish a sole proprietorship account, the Credit Union requires copies of the following documents as applicable: (1) a Fictitious Business Name Statement filed within the last 5 years in the county in which business is conducted, and (2) a Social Security Number or Employer Identification Number (SSN/EIN).
A partnership is an association of two or more persons who are co-owners of a business for profit. A partnership may exist under a written or oral agreement or through an implied agreement. Partnerships are more stringent business organizations than sole proprietorships and each partner can be held liable for the partnership debt in the event of default.
Each partner must be within the field of membership.
If you are a partnership, including a limited partnership, limited liability partnership (LLP) or joint venture, you agree that the account is payable only to or on the order of the partnership, LP, LLP or joint venture and not to any individual partner. However, a partner may be a payee on a check or other item drawn on the account. On any transactions involving the account, the Credit Union may act upon the instructions of the person(s) authorized in the certificates or resolutions to act on behalf of the partnership, LP, LLP or joint venture.
To establish a partnership account, the Credit Union requires copies of the following documents as applicable: (1) an executed Partnership Agreement signed by all partners, (2) a Fictitious Business Name Statement filed within the last 5 years in the county in which business is conducted, (3) a filed Certificate of Limited Partnership (CA SOS Form LP-1)* or filed Application to Register Limited Liability Partnership (CS SOS Form LLP-1)** as appropriate, and (4) an Employer Identification Number (EIN).
* A limited partnership must include “Limited Partnership” or “LP” in the account title.
** A limited liability partnership must include “Limited Liability Partnership” or “LLP” in the account title.
A corporation is a legal entity entirely separate from its shareholders or officers. Generally documents executed by the officers, in their capacity as officers, only obligates the corporation and do not obligate the shareholders or the officers individually, even if the officer is the sole owner of the corporation.
Each shareholder must be within the field of membership.
If you are a corporation you agree that the account is payable only to or on the order of the corporation, except as there may be a payee on a check, or other item drawn on the account, to any individual director, shareholder or member thereof.
On any transaction involving the account the Credit Union may act upon the instructions of the person(s) authorized in the resolutions to act on behalf of the corporation. You agree that the Credit Union is not obligated to cash checks payable to you or to accept "less cash" deposits.
To establish a corporate account, the Credit Union requires copies of the following documents as applicable: (1) filed Articles of Incorporation, (2) Corporate By-Laws (if available), (3) a Fictitious Business Name Statement (if applicable) filed within the last 5 years in the county in which business is conducted, and (4) an Employer Identification Number (EIN).
Limited Liability Company (LLC)
A Limited Liability Company (LLC) is a legal business entity separate from its members and managers. LLCs also offer certain liability and tax benefits. LLCs consist of Members and Managers, who may be the same person or people. Management of the LLC is chosen by their membership.
If you are an LLC, you agree that the account is payable only to or on the order of the LLC and not, except as they may be a payee on a check or other item drawn on the account, to any individual member, manager, or officer thereof.
On any transaction involving the account, the Credit Union may act upon the instructions of the person(s) authorized in the resolutions to act on behalf of the entity. You also agree that the Credit Union is not obligated to cash checks payable to you or to accept “less cash” deposits.
To establish an LLC account the Credit Union may require copies of the following documents as applicable: (1) filed Articles of Organization, (2) LLC Operating Agreement (if available), (3) a Fictitious Business Name Statement (if applicable) filed within the last 5 years in the county in which business is conducted, and (4) an Employer Identification Number (EIN).
Non-Profit Unincorporated Association Accounts
Such an account is usually issued in the name of a club or league. We reserve the right to require the governing body of the club or league to give us a separate authorization telling us who is authorized to act on its behalf. We will honor such an authorization until we receive written notice of a change in authorization from the governing body. The signers on this account represent that they are authorized to enter into this agreement to open the account.
Each member of the association must be within the field of membership.
You agree that the account is payable only to or on the order of the association and not, except as they may be a payee on a check or other item drawn on the account, to any member thereof. On any transaction involving the account, the Credit Union may act upon the instructions of the person(s) authorized in the documentation to act on behalf of the association. You agree to give us advance written notice of any change in your authorization. You also agree that the Credit Union is not obligated to cash checks payable to you or to accept "less cash" deposits.
To establish a Non-Profit Unincorporated Association Account the Credit Union requires copies of the following documents as applicable: (1) filed Articles of Organization or Registration of Unincorporated Non Profit Association or Unincorporated Association, (2) governing documents stating elected officers signed and dated by the secretary, (3) an Employer Identification Number (EIN). If the Non-Profit Organization is incorporated, please use the Corporation document listing.
The Credit Union may rely upon any signature on the business account application or signature card (an “authorized signer”) in the payment of funds and in all other transactions and instructions in connection with an account. Payment to any one of the authorized signers shall be valid and shall discharge the Credit Union from any further liability for such payment. All members agree to sign a new business account application upon request. The member may add, remove or change the status of authorized signers after compliance with applicable Credit Union procedures and upon presentation of the appropriate form required by the Credit Union. Such action must be executed in writing by the member and shall not effect transactions made within two (2) business days of receipt of notice by the Credit Union. If an authorized signer is deleted from the account, any checks in the signer’s possession that are presented for payment may be honored by the Credit Union. Accordingly, the member shall be solely responsible for recovering any checks in the possession of the signer whose name is deleted from the account signature card.
The Credit Union does not accept accounts which require two signatures on checks or withdrawals or other instructions. Each joint account owner shall have equal access to the account.
The use of a Personal Identification Number (PIN) or other authorized device by which funds in the account may be accessed by you, such as by ATM Card, Visa® Debit Card with ATM access, audio response service, or Internet banking service, shall have the same force and effect as your signature. If you authorize us to issue a duplicate ATM Card or Visa Debit Card to someone, or if you give your Card or PIN to another person, you are authorizing that person to withdraw funds and perform other transactions on your account(s) covered by this agreement, regardless of any limits to which you and the authorized user have agreed. Furthermore, you understand that you will be legally responsible for any transaction that person initiates. This rule also applies to any other electronically initiated transfers of funds service that may become available in the future.
We have no duty or agreement to monitor or ensure that the acts of the authorized signers are for your benefit. You agree that the Credit Union may honor and charge against your account any items signed (electronically or otherwise), drawn, accepted, endorsed or authorized by an authorized signer without inquiry as to the circumstances of issue or disposition of the proceeds and regardless of to whom such items are payable or endorsed.
You understand that the terms of this agreement apply to any authorized signer and you agree that you are responsible for any transactions involving your account that are performed by an authorized signer.
If you authorize the Credit Union to honor a facsimile signature, you agree that you shall have the sole responsibility for maintaining security of any such facsimile signature or device and you shall bear the entire risk of unauthorized use thereof whether or not you are negligent.
You agree that a facsimile signature that we have been authorized to honor or that you have used will not be considered a forgery, unauthorized signature or endorsement, whether or not you have been negligent.
You also agree that we may charge you for all checks, drafts, or other orders for the payment of money that are drawn on us, regardless of by whom or by what means the facsimile signature(s) have been affixed, so long as they resemble the facsimile signature filed with us.
You further agree to indemnify and hold the Credit Union harmless from and against any and all loss, costs, damage, liability or expense, including attorneys' fees, which you may suffer or incur as a result of the unlawful or unauthorized use of any facsimile signature.
Travis Credit Union is a not-for-profit, full-service, cooperative financial institution owned and directed by its members. It is chartered and regulated by the California Department of Financial Protection and Innovation, and is insured by the National Credit Union Administration, (NCUA), an agency of the federal government. Membership is open to everyone who lives, works, attends school or worships in Alameda, Colusa, Contra Costa, Merced, Napa, Placer, Sacramento, San Joaquin, Solano, Sonoma, Stanislaus or Yolo Counties in California. Business membership is conditioned upon the business owner or the business being located and doing business in one of our eligible counties. Business membership may be at the discretion of the Credit Union.
Family members of the primary member include: spouse, children, sisters, brothers, parents, grandparents, grandchildren, aunts, uncles, cousins, nieces, nephews, mother/father-in-law, sister/brother-in-law, step-family, foster and adopted children, and the surviving spouse of a person who was a member at time of death, all regardless of residency. Individuals living in the household of a current union member are also eligible for membership. Household means person living in the same residence and maintaining a single economic unit.
Membership is open to active duty and retired military, civilian personnel stationed at Travis Air Force Base, select employee groups, as well as relatives of a primary member in good standing currently maintaining an account with the Credit Union.
If you are unsure about your eligibility, or if you have additional questions, please call us at (707) 449-4000 or (800) 877-8328.
You must maintain a minimum of one $5 share investment in the Credit Union to retain your active membership. If for any reason your share investment drops below $5, you may be denied other membership services, such as a line-of-credit or other loan advances.
Any member whose share account falls below the required minimum share balance and who has no outstanding loan balance may be transferred to an inactive member status. Such members, even if initially qualified to vote, shall have no voting rights and no right to notice of members’ meetings. Such inactive members shall not count as members for determining quorums or required votes and need not be sent annual reports or financial statements except upon request. When an inactive member increases his or her share balance to the required minimum share balance or borrows from the Credit Union, he or she shall cease to be an inactive member.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. When you open an account we will ask for your name, address, date of birth and other information that will allow us to identify you. We also require that you provide a valid driver’s license or other identifying documents.
For certain types of business accounts opened, we will also require the name, address, date of birth, tax identification number and identification for each individual that has beneficial ownership (25% or more) and one individual that has significant managerial control of the legal entity. The person opening the business account will be required to sign a certification that the information provided is complete and correct, and agree to notify the credit union of any change in beneficial ownership or control of the business.
Account Verification through a Consumer Bureau
By maintaining your membership, you authorize us to check your credit from time to time to determine your eligibility for Credit Union products and services. You can revoke this authorization at any time by notifying us in writing. In any case, if you apply for credit, or maintain any open-end credit or share accounts with us, we can check your credit or account history with third parties when you apply for the service and as part of our normal account review process.
Suspension and Denial of Services and Expulsion
The Credit Union reserves the right to suspend or deny services and may restrict access to Credit Union premises if: (1) you cause a loss to the Credit Union, (2) you habitually mishandle your account(s), (3) you are abusive or threatening toward Credit Union employees or members, (4) you deface, destroy or attempt to deface or destroy Credit Union property, (5) you have been convicted of a criminal offense, (6) you fail to carry out your contracts, agreements or obligations with the Credit Union, or (7) you refuse to comply with the provisions of California Credit Union Law or the Credit Union's bylaws.
You warrant and agree that you will not use Credit Union accounts or services, included but not limited to loans, to make or facilitate any illegal transactions as determined by applicable law; and that any such use, including any such authorized use, will constitute an event of default under this agreement. You agree that the Credit Union will not have any liability, responsibility or culpability whatsoever for any such use by you or any authorized user. You further agree to indemnify and hold the Credit Union harmless from any lawsuits, liability, damages or adverse action of any kind that results directly or indirectly from such illegal use. In addition, you authorize us to debit from your account without prior notice any costs, losses or expenses incurred by us as a result of your failure to comply with the terms of this agreement.
In addition you agree that we may terminate this agreement and any other service described herein at any time upon written notice.
You can terminate any of the services provided for in this agreement by notifying us in writing. If you ask us to terminate your account or the use of any service, you will remain liable for subsequent transactions performed to your account by you or any other parties authorized by you. Termination of this agreement will not affect your rights and responsibilities for transactions initiated before termination.
Pledges of Shares
You acknowledge and agree that you are pledging all or any part of the shares or funds in any accounts as collateral security for a loan or loans with the Credit Union. We reserve the right to exercise this pledge of shares or funds for liabilities owed to us against any account held by you individually or jointly with any other person(s) to the fullest extent permitted by law.
You agree the Credit Union may call or send text messages to you regarding this account or any other account you have at the Credit Union now or in the future at any telephone number that you provide to the Credit Union or that the Credit Union obtains from other sources. (References to "the Credit Union" in this section include, but are not limited to, employees of and third parties acting on behalf of the Credit Union.) This authorization includes calls and text messages made to cell phones and wireless devices using an automated dialing system or prerecorded message. You represent that you have not provided, and you promise that you will not provide, the Credit Union with any telephone number assigned to a cellular device unless that number is assigned to an account in your name at a wireless carrier unless you have notified the Credit Union otherwise in writing, and that you will notify us in writing within three business days after any such number stops being assigned to you. Because the Credit Union is extending products, services and/or concessions to you in reliance on those promises and agreements, you waive the right to revoke them in whole or in part.
Federal Insurance - National Credit Union Administration (NCUA)
Generally, your accounts at the Credit Union are insured in the aggregate to $250,000 by the NCUA, a U.S. government agency. If you have questions about the protection on your accounts or the coverage, a NCUA brochure, which explains insurance coverage, is available at any branch office or by calling (707) 449-4000 or (800) 877-8328.
ACCOUNT TERMS AND CONDITIONS
The following are the terms and conditions on all accounts. There may be additional terms and conditions associated with specific products or services. Your accounts are governed by rules and regulations under federal law, California state law and the bylaws of the Credit Union.
This agreement is made in California and shall be governed by the laws of the state of California to the extent that California law is not inconsistent with controlling federal law. California’s “Choice of Law Rules” will not be applied if it would result in the application of non-California law.
Changes in Terms
The Credit Union reserves the right to change the terms and conditions of your account(s) and this disclosure at any time, including the Business Account Fee Schedule. We will notify you of any changes to such terms and conditions as required by applicable law.
Early Closure of Account
If you close your account within six (6) months of opening the account you will be charged an account closure fee. Please refer to the Business Account Fee Schedule.
Our dividend rates are set by the Board of Directors, taking into consideration the cost of funds to the Credit Union and the current market place and can change at any time. Dividends are only paid out of current income and available earnings after required transfers to reserves are made.
Dividends begin to accrue on the business day you make a deposit regardless of whether the deposit is cash or non-cash, but do not accrue on the date of withdrawal for the amount of the withdrawal. Dividends are credited to your account(s) on a monthly basis on the last day of each month. Please refer to www.traviscu.org for current dividend rates, method of computation, Certificate Account rates and Annual Percentage Yield (APY) for all share accounts.
Monthly Transaction Activity
Business transactions should only be processed through the business checking account. If the share account or a money market account is also used for processing transactions, the business Checking Monthly Transaction Activity Allowance detailed in the Business Checking Account Disclosure will apply to the aggregate of transactions processed through all accounts in calculating per item charges in excess of transaction allowance.
Deposits and Withdrawals
Deposits can be made by direct deposit, automatic payroll deduction, automatic transfer, Travis Credit Union Call-24 Phone Banking, in person, by telephone or by mail. Telephone withdrawals will be made only by transfer into your Business Share Account, Business Checking Account or by Credit Union check payable to your business and mailed to your address on record. Preauthorized transfers to make regular loan payments are also possible and encouraged.
Processing of Negotiable Items
All items accepted for deposit will be handled by the Credit Union as agent for the member(s) and are subject to charge back or refund if final payment is not received in a form acceptable to the Credit Union. If a claim is made that an item has been altered, bore a forged or unauthorized endorsement or was otherwise un-payable after final payment has been made, the Credit Union may withhold the amount in question from your account until final determination of such claim is made.
The Credit Union reserves the right to accept or reject any item submitted for deposit or encashment that appears to be altered, non-negotiable, not payable to you or that we believe is invalid.
All items received and credited by the Credit Union are subject to final collection and receipt of proceeds credited to the account of the Credit Union. A copy of our Funds Availability Disclosure Brochure accompanies this agreement. Please review this document which explains when there may be a delay between the time you deposit funds and the time the funds are available for withdrawal.
Merchant Card Processing
To assist merchants with their card processing the Credit Union has arranged with a third-party electronic processor to offer merchant processing. The Credit Union offers this as a referral only and accepts no responsibility or liability for the service. Contracts and agreements are solely between the merchant and the third-party vendor and are strictly at the merchant's volition. For more information regarding this service please call Business Services at (707) 469-2042 or (800) 877-8328 ext. 2042.
Acceptance of Fees and Charges
A current Business Account Fee Schedule is available to all members and accompanies this agreement. By opening an account with the Credit Union, you agree to accept the fees and charges as they apply to your account. The Credit Union reserves the right to change or amend the Business Account Fee Schedule at any time.
The Credit Union may make any inquiry it considers appropriate for the purpose of evaluating your account. This may include ordering a credit report. You authorize the Credit Union to perform a credit check or obtain a credit report at any time.
Right to Off-Set
Under certain circumstances the law permits the Credit Union to use funds in your account to off-set any debt you owe the Credit Union after giving you such notice as may be required by law. Any joint account shall also be available as an off-set against any debt owed the Credit Union by any member, individually or jointly.
The California Unclaimed Property Law requires the Credit Union to surrender to the state any property, including the balance in any account if no activity occurs on the account within the time period specified by state law, generally three years. For certificate accounts this would be three years from initial maturity, and for Self-Employed Programs (SEP IRAs) three years after the member turns 70½ years of age. The legal term for this is “escheat.” An account escheats to the state if during the past three years none of the following occurred:
- Member-generated deposits, withdrawals or account updates
- Electronic or written correspondence from the member or legal representative
- Interest in the account by the member evidenced by memorandum or other record on file with the credit union
- The member has another account on which one of the above three conditions was met.
As required by law, the Credit Union will attempt to notify each account holder, with a balance of $50 or more, in writing at least six (6) months to one (1) year prior to the time the account will escheat to the state. If we receive written or electronic notice from you before the escheat date, the account will be reactivated and not escheated.
Once an account has been turned over to the state, you may reclaim the funds by presenting adequate proof of ownership to the State Controller’s office.
If the Credit Union is served with a legal process on your account, such as a tax levy, garnishment, court or similar order with which we must comply, we will notify you as required by law.
Power of Attorney
The Credit Union may be asked to honor instructions given by someone acting on behalf of a member under a Power of Attorney. Powers of Attorney will be accepted only where the sole proprietor is the principal appointing another to act on his or her behalf.
The Credit Union reserves the right to refuse to act upon these instructions if the Credit Union is not reasonably certain that the Power of Attorney is valid and covers the transaction(s) requested. However, you agree to hold the Credit Union harmless for any loss or damage you may incur as a result of our decision to follow the instructions given by the Power of Attorney, as long as the Credit Union’s decision is made in good faith.
Change of Address
If you have not notified the Credit Union of a change in your mailing address, the items we mail to you may be returned to the Credit Union. Unclaimed returned mail will be destroyed after thirty (30) days.
All ACH, ATM, Check Card, Electronic Transfer or Call-24 transactions will be reported with your regular account activity on a statement mailed to your address on record. Please inform the Credit Union of any change to your mailing address.
If you have an active Business Checking Account you will automatically receive a statement each month, even if no ACH, ATM, Check Card, Electronic Transfer or Call-24 activity has occurred. Statements are typically mailed during the first ten (10) business days of the month. Electronic statements are typically posted by the second business day of the month. If you would like a statement prior to the time one is normally furnished, you may request a printout of your account history. The charge for this special printout service is listed on the Business Account Fee Schedule.
Terminating an Account
An account may be closed at any time by the member or the Credit Union. The Credit Union may close an account by mailing the account holder a notice or a check for the account balance.
Large Cash Withdrawal Notice
The Credit Union reserves the right to require two (2) business days advance notice for cash withdrawals over $5,000.00. This may be necessary to ensure availability of cash to all members.
Currency Transaction Reporting
Federal regulations require all financial institutions to report certain types of currency transactions to various federal agencies. These reports are designed to aid in the detection and control of currency flow generated from illegal activities.
Income Tax Reporting
In most cases, the Credit Union is required to report any dividend payments totaling $10 or more during the year to the IRS, the California State Franchise Tax Board and to you. If you do not provide the Credit Union with a correct taxpayer identification number or are not otherwise exempt from backup withholding, the IRS requires the Credit Union to withhold and pay a percentage of the dividends credited to your account. The percentage is an IRS requirement and subject to change at their discretion.
You and Travis Credit Union agree that we shall attempt to informally settle any and all disputes arising out of, affecting, or relating to your accounts, or the products or services the credit union has provided, will provide or has offered to provide to you, and/or any aspect of your relationship with the Credit Union (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any and all Claims that are threatened, made, filed or initiated after the Effective Date of this Arbitration Agreement , even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the either Judicial Arbitration and Mediation Service (“JAMS”) or the American Arbitration Association (“AAA”), at the election of the party initiating the arbitration, or by another mutually agreeable arbitration service. The arbitration shall be conducted in accordance with the service’s applicable rules and procedures for consumer disputes that are in effect on the date the arbitration is filed (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. JAMS and AAA Rules can be obtained on their respective websites free of charge at www.jamsadr.com or www.adr.org; or, a copy of the Rules can be obtained at any of our branches upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL HAVE GIVEN UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT.
This agreement to arbitrate does not require arbitration of claims brought individually within small claims court jurisdiction, so long as the claims remain in small claims court and so long as they are not appealed by the losing party. If the losing party to a small claims case files an appeal, that appeal shall be subject to arbitration.
This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of the United States Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims court.
Selection of Arbitrator. The Claims shall be resolved by a single neutral arbitrator. The arbitrator shall be selected in accordance with the Rules, and the arbitrator must have experience in the types of financial transactions at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If both JAMS and AAA are unable or unwilling to resolve the Claims for any reason, and if you and the Credit Union do not agree on a substitute forum, then the matter shall be arbitrated by a neutral arbitrator selected by a court in accordance with the Federal Arbitration Act.
Arbitration Proceedings. Any arbitration shall be conducted within 50 miles of your residence at the time the arbitration is commenced. Any claims and defenses that can be asserted in court can be asserted in the arbitration. The Arbitrator shall be entitled to award the same remedies that a court can award, including injunctive relief. Discovery shall be available for non-privileged information to the fullest extent permitted under the Rules. The Arbitrator’s award can be entered as a judgment in court. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed.
Attorneys’ Fees and Costs. Travis Credit Union agrees to pay for any filing, administration, and arbitrator fees imposed on you by the arbitrator. However, you will be responsible for your own attorneys’ fees, unless you prevail on your Claim in the arbitration, in which case, we will pay your attorneys’ fees. Conversely, if the Credit Union prevails, then you will not be required to pay its attorneys’ fees and costs. Nothing contained in this Arbitration Agreement shall prevent either you or the Credit Union from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment or any other pre-judgment remedies.
Validity of Agreement. Any determination as to whether this Arbitration Agreement is valid or enforceable in part or in its entirety will be made solely by the arbitrator, including without limitation any issues relating to whether a Claim is subject to arbitration; provided, however, the enforceability of the Class Action Waiver set forth below shall be determined by the Court.
Severability. If any provision in this Arbitration Agreement is found to be unenforceable, the remaining provisions shall remain fully enforceable.
FOR MORE DETAILS or if you have questions, you may call us or visit a branch. If you have questions about JAMS procedures, or AAA procedures, please contact them or review their respective websites.
Judicial Arbitration and Mediation Service
American Arbitration Association
Agreement to Waive Class Action Participation
As stated in the Arbitration Agreement, you and Travis Credit Union agree that you and we shall attempt to informally settle any and all Claims include those relating to any aspect of your relationship with the Credit Union.
YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. ANY LIIGATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS CUSTOMER IN ANY CLASS ACTION LAWSUIT, EITHER IN COURT OR IN AN ARBITRATION.
Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned.
In the event any provision in this Agreement to Waive Class Action Participation found to be unenforceable for any reason, the remainder of the agreement shall remain in force.
Notice of Withdrawal
Credit Union bylaws permit the right to require sixty (60) days written notice of your intention to withdraw or transfer shares.
ELECTRONIC FUNDS TRANSFERS
Electronic funds transfers (EFTs) are electronically initiated transfers of funds involving an account at the Credit Union. The following disclosure defines both parties’ rights and responsibilities. The abbreviation “PIN” or word “code” means a personal identification number. We will notify you of any changes to the information herein as required by applicable law.
You agree not to use any financial service provided by Travis Credit Union, including without limitation any credit cards, debit cards, loan transactions, or share checking or savings accounts for any illegal or unlawful purpose. Any illegal or unlawful use of Travis Credit Union financial services by you may, at the option of the Credit Union, be deemed an event of default or breach of contract with respect to the service(s) in question and your use of such service(s) may be terminated or restricted. You agree to defend, indemnify and hold the Credit Union harmless from and against any and all claims, damages, lawsuits, liabilities, losses, injuries, and costs, including attorney fees, arising out of, caused by, or related to your unlawful or illegal use of Travis Credit Union financial services.
Illegal or unlawful use of Travis Credit Union financial services by you may also result in the suspension or termination of your Travis Credit Union membership.
ATM and Debit Cards
Authorized business account signers may make withdrawals by ATM Card at designated ATMs and authorized point-of-sale (POS) terminals, or with a Debit Card at designated ATMs, POS terminals or Visa authorized merchants. Please refer to the Business Card Agreement Application for additional information. All authorized business account cardholders hereby agree:
- To abide by the rules as established by Travis Credit Union relating to use of the Debit Card or ATM Card (the Card). These rules are binding upon you as a cardholder.
- That the Card will not be treated as a consumer access device under the provisions of the Electronic Funds Transfer Act.
- That the credit union may follow all instructions given by you for a purchase transaction or for an ATM transaction.
- That the Card is the property of the credit union and will be surrendered immediately to the credit union upon request.
- That your Personal Identification Number (PIN) is your security. This PIN is known only by you; is confidential and should not be disclosed to third parties or recorded on the card.
- That as a safeguard against unauthorized use of your Card at an ATM, the ATM will not operate (and your card will be captured by the ATM) if your PIN is incorrectly entered three (3) times in a row. Should this happen please contact the credit union during normal business hours.
- If sufficient funds are not available in your account for the amount obtained at an ATM or for a purchase, and your account balance becomes overdrawn, the credit union reserves the right to offset the amount of insufficient funds with your funds from any of your other accounts at Travis Credit Union.
- That your use of the Card when you do not have the available funds in your specified account(s) and overdraft credit is unavailable can result in the immediate cancellation of your Card without prior notice. You must immediately deposit funds for any transaction that resulted in a negative balance in your account(s).
- If you make an invalid ATM deposit, such as an empty envelope or a check drawn on the same account you are depositing into, you will be charged a significant empty envelope or invalid deposit fee and also risk losing ATM privileges and possibly your account. Please refer to the Business Account Fee Schedule for the current fees.
- That the credit union may cancel your Card at any time without notice.
- You are also obligated to repay any charges resulting from the use of the card by another person with your express or implied permission whether or not the person stays within the limits of use set by you.
- Any persons who use the card are also obligated to repay the credit union for all such charges incurred because of their use of the card.
- You remain bound to pay for charges under this Agreement even though another person has been directed to pay the debt by agreement or court order.
- You give your consent to the Credit Union to release any information regarding your card and/or card account to any local, state, and/or federal law enforcement agency so that the information can, if necessary, be used in the investigation and/or prosecution of any person(s) who may be responsible for fraud involving your card and/or card account.
Establishing Your Personal Identification Number (PIN):
Once a Card application has been approved, you may select your own PIN at any of our offices or we will mail to you a randomly selected PIN. The Credit Union maintains no record of your PIN. The PIN must be used, together with your Card, to conduct transactions at ATMs and Point of Sale (POS) terminals.
Automated Teller Machines (ATMs):
You may access your account with your Card at any of Travis Credit Union's ATMs which are generally available for your use seven (7) days a week, twenty-four (24) hours a day. Please understand that an ATM, like any machine, must periodically be shut down for routine maintenance, inspection and repair.
Using Your Card:
If you are using your Card at a Travis Credit Union ATM, you can:
- Make deposits to your business checking, savings and money market accounts.
- Transfer funds between your accounts at Travis Credit Union.
- Withdraw cash from your business checking, savings and money market accounts.
- Check your account balance.
All ATMs that we own and operate are identified as our machines and display Travis Credit Union’s logo. If you are using an ATM that is not owned or operated by Travis Credit Union, you can:
- Transfer funds between accounts at Travis Credit Union.
- Withdraw cash from your business checking and savings. You may withdraw up to your limit (some limitations may apply) per calendar day. Minimum withdrawals are subject to machine limitations.
- Check your account balance.
- Make a deposit at any ATM displaying the CO-OP Network® or STAR DEPOSIT® symbols.
Availability of Funds:
If you make a deposit after 8:00 p.m. at an ATM on a business day, we will consider that the deposit was made on the next business day; if you make a deposit on Saturday, Sunday or a legal holiday, we will consider that the deposit was made on the next business day. For purposes of availability of funds, business days are every day except Saturdays, Sundays and federal holidays.
Funds from deposits made at any ATM are subject to verification and may not be available for immediate withdrawal. Please see our Funds Availability Disclosure Brochure for details.
There is no charge to use your Card at an ATM owned and operated by Travis Credit Union or another credit union’s ATM that reflects the CO-OP Network® symbol. Please refer to the current Fee Schedule for overdraft charges and for our charges for ATMs not owned by Travis Credit Union or non-CO-OP Network® ATMs. For a complete list of CO-OP Network® ATM locations, please visit www.co-opnetwork.org.
When you use an ATM not owned by us or a non-CO-OP Network® ATM, you may be charged a fee by the ATM operator and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. In addition, there may be a special charge for certain transactions performed at a Point of Sale (POS) terminal or merchant. These charges are from the vendor or financial institution used and are not charges of Travis Credit Union.
Transactions Available and Limitations:
- ATM Withdrawals – Cash withdrawals from any ATM can be made as often as you like. Provided there are sufficient funds in your account, you may withdraw up to your daily limit per calendar day. (Minimum withdrawal subject to machine limitations).
- ATM Transfers – Transfer funds to and from accounts.
- ATM Balance Inquiries – Obtain account balances.
- Point-of-Sale – Point-of-Sale withdrawals from a Business Checking Account may be subject to limitations. If you only have a Savings Account linked to your ATM Card, your card cannot be used to make Point-of-Sale purchases.
- Overdraft – Overdrawn ATM Card withdrawals from a Business Checking Account will be covered if your previously elected overdraft source contains sufficient funds or an ample available credit limit.
- Deposits – Deposits and payments made at a Travis Credit Union ATM will be credited subject to verification upon opening the ATM and the Credit Union’s actual collection of any non-cash item.
The credit union reserves the right to discontinue ATM Card or Debit Card services at any time, without prior notice, subject to applicable laws and regulations. You may terminate your agreement(s) with the credit union at any time by giving prior notice or by terminating your membership.
Protecting Your Privacy, Your Card and Your PIN:
Cards are convenient and make it much easier to get cash from your account or purchase services or goods. Unfortunately they also leave us more vulnerable to fraud, ID theft and other crimes. Following a few simple tips may help to protect you.
- Memorize your PIN. Don’t write it on your card or anything you carry in your wallet or purse. If your purse is stolen the thief would have both your card and PIN.
- When you choose a PIN, don’t pick something obvious. Don’t make it easy for the thief. For example, if your first name is “John” or “Jane,” don’t use this as a PIN. Thieves may try your name, spouses’ names and even children’s and pets’ names.
- Protect your card just as you do your checkbook and credit cards.
- Don’t share your card or your PIN. You are responsible for all activity on your account.
- Be sure to take your card and any receipts from the ATM when you’re finished. Don’t throw away anything with account information at or near the ATM.
- Make sure your ATM receipts and any merchant receipts match the transactions on your monthly statement. Let us know if you have any unverified transactions.
- Beware of “official” scams. No Travis Credit Union employee will ever ask you for your PIN, or to withdraw funds from an ATM for any reason. If someone from Travis Credit Union calls you on the telephone, ask for their extension and then call them back. Use our toll-free number 1 (800) 877-8328. This will ensure that they represent Travis Credit Union.
- Never give out personal information over the telephone or on the Internet unless you initiated the call or connection.
Keep Safe at ATMs:
Follow these safety tips every time you use an ATM: Scan the area. Be watchful, especially at night. If you notice a suspicious person or your intuition tells you it is not safe, leave the area immediately. If you are in the middle of a transaction, cancel it and leave the area. Report any suspicious activity to the Credit Union and/or local law enforcement agencies.
- If you use an ATM after dark, try to have someone with you. Always make sure the ATM and parking lot are well lighted.
- Be prepared when approaching an ATM. Have your card and completed deposit forms ready to speed up the transaction.
- Stand directly in front of the ATM to keep others from seeing your PIN.
- If you’re making a withdrawal, don’t count your cash until you’re safely inside your locked car or in a secure area.
- When using a drive-up ATM, pull up as close as possible to the machine and be sure your vehicle doors are locked and windows closed. Lower the driver’s window only to complete the transaction.
- Take your receipts with you.
- If someone else is using the ATM, stay back a safe distance to allow privacy.
Purchases and other Visa® transactions made in foreign currencies will be billed in U.S. dollars. The conversion rate in U.S. dollars will be either at the government mandated rate or a wholesale currency market rate determined by Visa® for the processing cycle in which the transaction is processed.
In addition to the conversion rate selected by Visa®, a separate Visa® International Service Assessment Fee of 1% is charged to the credit union and will also appear on your statement.
The currency conversion rate used by Visa® on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. The credit union has no control over the conversion rate.
Non-Visa PINless Transactions:
Travis Credit Union offers Visa® debit cards which allow members to use their debit cards wherever Visa cards are accepted. Transactions processed through the Visa network are provided protection under Visas Zero Liability program, a guarantee that you won't be held responsible for fraudulent charges made with your card. However, a new form of payment has emerged that does not fall under the Zero Liability policy because these transactions are not processed by Visa. These types of transactions are referred to as non-Visa PINless debit transactions. An example of a non- Visa debit transaction is an on-line transaction which uses your TCU Visa card number and offers the option of credit or debit. If debit is selected for this type of on-line purchase/payment it will not ask for your PIN (Personal Identification Number) and funds will be deducted directly from your checking account. However the purchase/payment will not be conducted within the Visa system and therefore does not fall under the Zero Liability policy.
Travis Credit Union permits non-Visa debit transaction processing and does not require that all such transactions be authenticated by a PIN. A non- Visa debit transaction may occur on your Travis Credit Union debit card through non-Visa networks such as the CO-OP Network®, STAR Network®, PLUS Network® and the Armed Forces Financial Network®. Below are examples which distinguish between Visa debit and non-Visa debit transactions:
- To initiate a Visa debit transaction at the point of sale the cardholder selects credit, signs a receipt, provides a card number (e.g., in e-commerce or mail/telephone order environments) or swipes the card through a point-of-sale terminal.
- To initiate a non-Visa debit transaction, the cardholder enters a PIN at the point-of-sale terminal, or for certain recurring online bill payment transactions provides the account number after indicating a preference to route it as a non-Visa transaction.
A non-Visa debit transaction will not provide the Zero Liability protection benefit. Provisions of the Travis Credit Union debit cardholder agreement relating to Visa transactions are inapplicable to non-Visa transactions. Please contact Travis Credit Union for additional information.
Third Party or Mobile Devices. Smart phones, tablets, and other electronic devices allow you to store or electronically present your account information, and engage in credit transactions without presenting your Card (such as through a mobile wallet). Any purchases or transactions made through such third party or mobile devices are covered by this Agreement and subject to its terms and conditions. We do not control third party or mobile devices and cannot guarantee the performance of any such device or any third party. You agree to protect the security of the device the same as you would your Card.
Personal Identification Number (“Password”)
You may change your Personal identification Number (PIN) or password after accessing Online Banking utilizing your “Call 24 PIN”. This number should be memorized and guarded. Your accounts can only be accessed through our Online Banking page by the use of this password. If you forget your password, contact the Credit Union and we will issue you a new one.
Password and Security
Bill Payment and other services can be set up with your password. If you give or make available your password you may be obligated to pay any charges or amounts resulting from the use of your password by another person with your permission, whether or not the person stays within the limits set by you.
You could also be responsible for all bill payments set up by another to whom you gave your password. If you permit other persons to use your Online Banking service or other means to access your account, you are responsible for any transactions they authorize or conduct. If you believe that your password or other means to access your accounts has been lost or stolen or that someone may attempt to access your account without your consent or has transferred money without your permission, you must notify us at once by calling (707) 449-4000 or (800) 877-8328 from 8:00 a.m. to 7:00 p.m. (Pacific time) Monday through Friday and 9:00 a.m. to 5:00 p.m. (Pacific time) Saturdays, excluding holidays.
Please refer to the section entitled, “Your Liability for Unauthorized Transfers” for more information.
Electronic Presentment and Payment of Checks
Merchants may present your check electronically for payment instead of sending us the original paper check. They may also re-present your check electronically if it is returned unpaid due to non-sufficient funds (NSF). Generally, merchants who use electronic presentment will inform you when you make a purchase. We will debit your account when we receive the electronic check just as if we had received the original paper check.
Information provided to a merchant or other payee from your personal check, such as routing, account and serial numbers, may be used to convert your check to electronic form. This transaction is covered under the provisions and protections of the Electronic Fund Transfers Act, regardless of whether the check is blank, partially or fully completed, whether the check is presented in person, mailed, or sent to a lockbox, or whether the check is retained by the merchant or other payee or returned to you.
Check re-presentments, such as checks returned for non-sufficient funds and subsequently re-presented for payment, wherein the original paper check was processed, are NOT covered under the Electronic Fund Transfers Act.
Preauthorized (ACH) Transactions
Please contact any Credit Union branch to set up all direct deposits into your account. Without proper routing codes, direct deposits cannot be processed.
Preauthorized transfers from your account must be authorized in writing by the account holder.
You may confirm direct deposits posted to your account by calling our Member Service Center at (707) 449-4000 or (800) 877-8328 or Call-24 Phone Banking at (707) 449-4700 or (800) 578-3282.
Preauthorized Debits (Outgoing Payments)
You may confirm payments drawn from your account by calling our Member Service Center at (707) 449-4000 or (800) 877-8328 or Call-24 Phone Banking at (707) 449-4700 or (800) 578-3282.
Notice of Payments in Varying Amounts
If regular, authorized payments from your account vary in amount, the payee will notify you ten (10) days prior to the payment due date of the current amount due. However, you may choose to receive this notification only when the current amount due differs from the last payment by a specified amount or when the current amount due falls outside of prearranged limits established by you.
Funds Availability and Payment Processing
Funds from preauthorized deposits will be available at the beginning of the business day of the effective date of the transaction. Preauthorized payments will be deducted from the account you have designated on the effective date of the transaction. Provisional Payment Credit given by us to you with respect to an ACH credit entry is provisional until we receive final settlement for such entry through the Federal Reserve Bank. If we do not receive such final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to you in connection with such entry, and the party making payment to you via such entry (i.e., the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
Under the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account, we are not required to give next day notice to you of receipt of an ACH item and we will not do so. However, we will continue to notify you of the receipt of payments in the periodic statements we provide to you.
Choice of Law Regarding ACH payments
We may accept on your behalf payments to your account which have been transmitted through one or more Automated Clearing Houses and which are not subject to the Electronic Fund Transfer Act. Your rights and obligations with respect to such payments shall be construed in accordance with and governed by the laws of the state of California as provided by the operating rules of the National Automated Clearing House Association, which are applicable to ACH transactions involving your account.
Right to Stop Payment
You may stop payment of any preauthorized payment by contacting a branch or the Member Service Center at (707) 449-4000 or (800) 877-8328 within three (3) business days prior to the scheduled payment date. All verbal requests to stop payment must be followed by a written request and received by the Credit Union within fourteen (14) days from the date of your verbal request or the stop payment will be cancelled. In addition, you must notify the designated payee in writing that you have ordered the Credit Union to stop payment, as this is not the Credit Union’s responsibility.
There is a charge for each stop payment order. Please refer to the Business Account Fee Schedule which is provided with this agreement. To process your order we will need the following information: (1) your account number, (2) the exact amount of the payment, (3) the name of the payee (4) the expected payment date, and (5) the number of the item (if applicable). This information must be furnished within three (3) business days before the scheduled date of the payment or we will not be responsible if the item is paid.
If we fail to process your stop payment order that you made three (3) business days or more before the scheduled payment date and you provided us with all necessary information, we may be liable for your losses or damages not to exceed the amount of the item.
Should a holder of your check attempt to obtain payment by electronic presentment, re-presentment or return procedures through an Automated Clearing House (ACH), we will be unable to and will have no obligation or duty to stop such payment and will not be responsible if the item is paid.
You may NOT stop payments on any ATM, POS or one-time Visa Card transactions.
Domestic Wire Transfers
Travis Credit Union sends domestic wire transfers through the Federal Reserve Bank's (FRB's) FedWire system. Because of this, the transfers are subject to the FRB's Regulation J. If you provide us with a name and a routing number for a financial institution to receive the transfer, in the case of error, the routing number controls the transfer. If you give us a name and an account number of the person or entity to receive the transfer, in the case of error, the account number controls the transaction. In other words, we will rely upon the routing number and account number that you provide. We will not agree to verify that the routing number belongs to the institution you named or that the account number belongs to the person you named.
Each wire transfer request is irrevocable and there is a non-refundable fee for each wire transfer. The sole obligation of the Credit Union is to exercise ordinary care in processing the wire transfer and is released from responsibility for any inaccuracy, interruption or delay in transmission beyond its control. The Credit Union is authorized to use any means it may consider suitable for the transmission of funds.
We will perform the following security procedures before making the transfer: 1) Check at least one piece of picture identification of the person signing the request to ensure that their name is the same as the name on the identification and/or, 2) when warranted, verify at least one or more items of information known to us from member records. The credit union is under no obligation to confirm in any other way the identity of the person making the request.
These security procedures are to ensure that the request was properly authorized. You agree to be bound by your request when authorized by you or if the credit union has accepted it in good faith and in compliance with these security procedures. Any action in addition to these security procedures in an attempt to determine proper authorization, will not become part of the security procedures and we will not be held liable for omitting these same actions with respect to any future requests.
Domestic Wires may be sent Monday through Friday (except holidays) 8:30am-2:30pm. Wires submitted after these hours may be accepted but will be processed the next business day.
The wire transfer request can be delayed or not processed if; 1) you do not have sufficient available funds in your account to cover the request, 2) the financial institution to receive the transfer, or through which the transfer is to be made, is not acceptable to the Federal Reserve System, an intermediary institution or the credit union, or 3) the transfer would cause us to violate a law, court order, regulation or a government guideline or program. If the transfer cannot be made or is significantly delayed, we will attempt to notify you.
At the time the wire transfer request is accepted by us, your account will be debited for the amount of the transfer and for the transfer fee. Please refer to the Fee Schedule.
The Wire Transfer Request will be confirmed on your statement of account. If you learn of any error in the transfer, immediately notify us in writing at: Travis Credit Union, ATTN: VP Central Operations, 1 Travis Way, Vacaville, California 95687 or by telephone at (800) 877-8328. In no case may such notice be made more than 14 days after first confirmation of the request. If the request is made in error and Travis Credit Union suffers a loss because you failed to notify us within this 14 day period, you will reimburse the Credit Union for such loss.
We will be responsible for making the transfer as provided in this agreement and the only representations and warranties are in this agreement. We cannot be responsible for the errors, actions, or failure to act of any other person or entity used to make the transfer or to transmit information, such as other financial institutions, government entities or carriers of communication. These persons and entities are not agents of Travis Credit Union.
We cannot be held responsible for any liability, loss or delay in making the transfer caused by events beyond the our control, such as fires, earthquakes, power surges or failures, communication failures, wars, riots, acts of government, legal constraints. We will not be liable to you or your agent for any special, consequential, indirect or punitive damages even if a claim is based on tort or contract or it was known that these types of damages were likely. If it is determined that the credit union was liable, we will provide interest on the funds based on the Prime Share Account dividend rate in effect at the time for the period of the delay.
All electronic fund transfers will be recorded on your regular periodic statement.
Termination of Services
You agree that we may terminate this agreement and any other service described herein at any time upon written notice.
You or any other party to your account can terminate any of the services provided for in this disclosure and agreement by notifying us in writing. If you ask us to terminate your account or the use of any service, you will remain liable for subsequent transactions performed to your account by you or any other parties authorized by you. Termination of this agreement will not affect your rights and responsibilities for transactions initiated before termination.
In Case of Errors or Questions
If you believe there is an error on your statement or receipt, or you have a question regarding a transfer printed on your statement, please contact us by telephone or in writing at the telephone numbers or address listed in the HOW TO CONTACT US section at the end of this disclosure within sixty (60) days from the date of the first statement with the problem or error. We will need the following information to assist you:
- Your name and account number;
- A description of the error or transfer in question, including the dollar amount;
- An explanation why you believe the transaction is an error; and
- The date the error took place.
You agree to promptly examine each account statement. If you suspect that there was an unauthorized signature or alteration of an item (such as someone forging your signature), you must notify us of your concerns and the relevant facts. If you fail to notify us, you will either share the loss with us, or bear the entire amount of the loss (depending on whether we used ordinary care and contributed to the loss). The loss would not only be with respect to the items on the statement, but other items with unauthorized signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will not exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if you fail to notify us of any unauthorized signatures, forgeries, alterations or any errors on your account within 60 days after the statement was mailed or made available, the Credit Union will not be responsible for any losses incurred, without regard to whether we used ordinary care.
We may request that any verbal complaint or question be submitted in writing. If we do not receive this written request within ten (10) business days, we may not credit your account for the amount in question during the investigative period.
We will determine whether an error has occurred within ten (10) business days from the date you first notified us of the discrepancy. If an error is found, we will promptly correct it. However, if it is necessary to research the transaction further, we may take up to forty five (45) days to do so. Under these circumstances we will credit your account within ten (10) business days (or twenty (20) business days if your account has been open for less than thirty (30) days) for the amount in question.
Travis Credit Union recommends that you view your account activity daily. Returns of unauthorized ACH transactions must be processed within 24 hours of settlement. Unauthorized ACH return requests must be submitted to Travis Credit Union no later than the business day following posting so that it is received and processed by 3:00 p.m. Pacific Time. Untimely, incorrect or incomplete information may result in our inability to complete this request. Returns that are unauthorized beyond the 24 hours are the member’s liability and any disputes may have to be settled outside the banking network.
- The use of consumer (PPD) or corporate (CCD, CTX) entry codes determines applicable ACH return rules.
- An exception to the 24 hour rule is consumer unauthorized returns, which may be returned within 60 days of posting.
Unauthorized Debit Entry
For purposes of this disclosure, a debit entry was not authorized by the receiver if:
- Your company did not authorize the originator to debit/credit your account;
- The debit entry was initiated in an amount greater than that authorized by you; or
- The debit entry was initiated for settlement earlier than authorized by you.
If the error concerns an electronic funds transfer that is (1) a foreign-initiated transaction, (2) a point-of-sale transaction, or (3) a transaction occurring within the first thirty (30) days after deposit to a new account, a ninety (90) day investigation will replace the forty five (45) day condition.
Upon the completion of our investigation, we will notify you with the results within three (3) business days. If no error has been made, we will send you a written explanation. You may request copies of documents used in our investigation.
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
The Credit Union will carry out instructions given to the ATM or to us by written direction to implement a pre-authorized transfer. We will not incur liability for doing so in a reasonable manner. You agree to indemnify and hold the credit union harmless from all cost, claims, damage, or liability which it sustains as a result of carrying out instructions received through an ATM from the cardholder in a reasonable manner.
Please note the following exceptions. We will NOT be liable:
- If, through no fault of ours, you do not have enough money in your account or line-of-credit to make the transfer.
- If the funds in your account are subject to legal process or other encumbrances restricting such transfer.
- If we receive incorrect or incomplete information from you or third parties (e.g., U.S. Treasury or automated clearinghouse.)
- If the transaction would exceed the credit limit on your line-of-credit or your available overdraft protection.
- If circumstances beyond our control, such as fire or flood, prevent the transfer, despite reasonable precautions we have taken.
- If any terminal or system was not working properly and you knew about the breakdown when you started the transfer.
- If your ATM or Debit Card or PIN has been lost, stolen, damaged so that the ATM machine cannot read the encoding strip or the card has expired.
- If the ATM where you are making the transfer does not have enough cash.
- If a loan payment is past due or we have cancelled access due to inactivity or the repeated entry of an incorrect PIN or password.
- If the failure to complete your transaction is done to protect the security of your account and/or the electronic terminal system.
- If there are other lawful exceptions established by the Credit Union and you are given proper advance notice of them.
- In no event will the Credit Union be liable for consequential indirect costs or damages.
There may be other exceptions not specifically listed above.
Your Liability for Unauthorized Use
You agree to provide reasonable assistance in connection with our efforts to recover funds paid due to unauthorized use, including but not limited to the filing of a police report. You may be required to provide a written statement detailing your claim of unauthorized transactions.
Immediately report a lost or stolen ATM or Debit Card, compromised PIN number or any discrepancy between the amount you requested from an ATM and the amount you received, to the Credit Union. Contacting us by phone is the best way to minimize your losses. Please refer to the HOW TO CONTACT US section at the end of this disclosure for telephone numbers.
Any person, who is permitted by you, either by express or implied permission, to use your card would be able to withdraw all of the money in your account. We refer to such persons as authorized users, and you agree that all authorized users may withdraw funds from your account with your card.
If your statement shows a transfer you did not make, contact the Credit Union immediately. If you do not tell us within sixty (60) days from the date your statement was mailed, you may not be compensated for money lost after the sixty (60) days, if we can prove the unauthorized transfer could have been avoided if you had promptly notified us. Should an emergency, such as travel or hospitalization prevent you from notifying us within sixty (60) days, a reasonable extension will be granted.
OFAC AND INTERNATIONAL AUTOMATED CLEARING HOUSE (ACH) TRANSACTIONS
International ACH Transactions:
Member acknowledges that in the event an International ACH Transaction (“IAT”) Entry that is transmitted to or from any of member’s accounts is identified and designated by the Credit Union’s screening criteria for review and examination under the OFAC Rules and Regulations (“OFAC Rules”), then the settlement of such an IAT Entry may be delayed or suspended pending the Credit Union’s review of the IAT Entry, and may be terminated under applicable OFAC Rules. Member also acknowledges that the Credit Union may be required to place an indefinite hold on the funds covered by the IAT Entry if the IAT Entry is required to be terminated under the OFAC Rules. Member agrees that any delay described in the foregoing provisions of this paragraph is a permissible delay under the terms of laws and regulations applicable to the availability of funds held in deposit accounts. In the event an IAT1 Entry is delayed or terminated, the Credit Union will provide member such notice as may be required by the NACHA Rules2, OFAC Rules3, or other applicable laws and regulations.
- IAT - International ACH Transaction (IAT) or IAT Entry means a credit or debit entry that is part of a payment transaction involving a financial agency’s office that is not located in the territorial jurisdiction of the United States.
- NACHA RULES - An annual publication issued by the National Automated Clearing House Association (NACHA) incorporating the rules and regulations that govern the use of the ACH Network in which all ACH participants must comply.
- OFAC Rules - Economic and trade sanctions administered and enforced by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury to prevent "prohibited transactions" based on U.S. foreign policy and national security goals against targeted foreign states, organizations, and individuals.
Transactions restricted by the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) are prohibited from being processed through a commercial account. Additional information can be obtained by calling (707) 449-4000 or toll free at (800) 877-8328, or www.traviscu.org.
Account Information Disclosure
We will disclose information to third parties about your account or transfers:
- When it is necessary to complete a transfer;
- In order to verify the existence or condition of your account for a third party, such as a credit bureau;
- In order to comply with government agencies or court orders; or
- When you give us your written permission to do so.
HOURS OF OPERATION
Branch hours are generally 10:00 a.m. to 5:30 p.m., Monday through Friday, Saturday hours, excluding holidays, vary by branch. Branch hours are subject to change without notice.
Member Service Center
Hours are generally 8:00 a.m. to 7:00 p.m. (PST) Monday through Friday and 9:00 a.m. to 5:00 p.m. (PST) on Saturdays, excluding holidays.
HOW TO CONTACT US
Business Services: (707) 469-2042 or (800) 877-8328, ext. 2042
Call-24 Phone Banking: 24-Hour Access with Touch-Tone Phone (707) 449-4700 or (800) 578-3282
Member Service Center: Account Assistance and Information (707) 449-4000 or (800) 877-8328
Billing Address: Travis Credit Union P.O. Box 2069 Vacaville, CA 95696-2069
Website Address: www.traviscu.org