CU-CONNECT
First time user?
Click Here

User Name

Password


Rush-Henrietta Central School District Wheatland-Chili Central School District

DISCLOSURES
View Deposit Accounts Disclosure
View ATM/Debit Card Disclosure

TERMS AND CONDITIONS OF YOUR DEPOSIT ACCOUNT

Dear Credit Union Member:

This brochure is intended to provide you with information about one or more accounts offered by the Credit Union. It contains rules which govern your account(s) with us. Please read this brochure carefully as you are entering into a binding agreement with the Credit Union. If you sign an Account Agreement Card and use your account after you receive this brochure it means you understand and agree to these rules. Much of our relationship with our members is governed by our bylaws and by state and federal law, both of which may change from time to time. If you have any questions, please contact a member service representative.

The Credit Union reserves the right to waive the enforcement of any of the terms in this Agreement with respect to any transaction. Any such waiver would not affect the right of the Credit Union to enforce any of its rights with respect to other members, or to enforce any right with respect to a later transaction with this member.

As used in this brochure, the word "we" means the credit union and the word "you" means the account holder. Words and phrases used in this brochure should be interpreted so that the singular includes the plural and the plural includes the singular (except where we clearly intend otherwise).

DEPOSITS - Any non-cash item deposited to your account (including items drawn "on us") will be given provisional credit only until collection of the item is final. We are not responsible for transactions initiated by mail or outside depository until we actually record them. All transactions received after our "daily cut-off time" on a business day we are open, or received on a day in which we are not open for business, will be treated and recorded as if initiated on the next business day that we are open.

NATIONAL CREDIT UNION SHARE INSURANCE FUND - Member accounts in this credit union are federally insured up to $100,000.00 by the National Credit Union Share Insurance Fund.

Please refer to our Special Services Schedule for information about charges.

WITHDRAWALS - GENERALLY - Any one of you who signs in the space designated for Signature on the Account Agreement Card may withdraw or transfer all or any part of the account balance at any time. Each of you authorizes each other person signing the Account Agreement Card to endorse any item payable to you or your order for deposit to your account or any other transaction with us (until we receive written notice to the contrary).

We reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted, which exceeds any frequency limitation or violates any minimum or maximum dollar limitation. We will use the date a transaction is completed by us (as opposed to the date you initiated it) to apply any frequency limitations.

Withdrawals will first be made from collected funds, and we may refuse any withdrawal request against uncollected funds.

The Credit Union usually allows regular Share Account funds to be withdrawn at any time without previous notice, but reserves the right to demand 60 days notice of withdrawal.

DIVIDENDS - Dividends are paid from available earnings. The rate and method we use to calculate dividends may change from time to time.

LIABILITY - Each of you agrees, for yourself (and the person or entity you represent if you sign as a representative of another), to the terms of this account and the charges that we may impose. If you have any questions about the charges that may be imposed please ask us. You authorize us to deduct these charges directly from the account balance as accrued. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this agreement or your account. Each of you also agrees to be jointly and severally liable for any account deficit (resulting, for example, from charges imposed, overdrafts, or items cashed or deposited that are returned unpaid) whether caused by you or another individual authorized to withdraw from your account, together with the costs we incur to collect the deficit including, to the extent permitted by law, our reasonable attorney's fees. In addition, the member waives the right to a jury trial in disputes concerning their accounts with the Credit Union.

MINIMUM MEMBERSHIP REQUIREMENT - To be and remain a member of this Credit Union, you must subscribe to at least one share. Your membership will terminate if you withdraw all your shares.

NON-PARTICIPATION - Members may be expelled for non-participation in the affairs of the Credit Union. Evergreen Federal Credit Union will assess an Inactive Account/Low Balance Fee of up to $25, close your account(s) and change your status to non-member on accounts of members 18 years or older if: 1) There is no member initiated activity for one year, AND 2) The aggregate balance in all their share deposit accounts is less than $25, AND 3) They have not voted at an annual or special members' meeting for one year, AND 4) The member has no active loans. This includes student and mortgage loans. To find out what steps you must take to reinstate your membership, please contact a Member Service Representative.

CHANGES - We can change this Account Disclosure or the Fee Schedule accompanying this Disclosure at any time in the manner and to the extent permitted by law.

TYPES OF ACCOUNTS - As a credit union member you may take advantage of many different accounts to help you manage your money and increase your savings. Please ask us about the specific accounts we offer.

LIENS OR GARNISHMENT OF YOUR ACCOUNTS - We have a lien on all funds in all your accounts with us. This lien extends to funds now or hereafter deposited with us (plus dividends and any insurance benefits). This lien secures loans, charges, overdrafts or any amount you may now or hereafter owe us. We may enforce this lien by applying your funds directly to any amounts you owe us and we may exercise this right without obtaining a court judgment and as otherwise permitted by law.

Set off is the right of one who is indebted to another to reduce or eliminate the indebtedness by charging against the debt any amount which his creditor in that transaction may owe him in another transaction as borrower, guarantor, or otherwise. The Credit Union may use the account to pay the debt even if withdrawal results in an interest penalty or dishonor of subsequent drafts.

Any garnishment, levy or execution against the account is subject to the Credit Union's right of set off and security interest. If garnishment, levy, or execution hits the account, the Credit Union may refuse to allow any withdrawals until the dispute is resolved. In such a case, the Credit Union will not be liable to the member, even if paying the money to the third party leaves insufficient funds to cover outstanding drafts. All expenses in responding to a court order are chargeable to the member.

The Credit Union has the right to charge fees in connection with its services. These fees may change from time to time. The current fee schedule is available and the member will receive written notice of any changes.

ACCOUNT TRANSFER - No account may be transferred or assigned without prior written consent.

DIRECT DEPOSITS - If, in connection with a direct deposit plan, we deposit any amount in an account which should have been returned to the Federal Government for any reason, you authorize us to deduct the amount of our liability to the Federal Government from your account without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.

WIRE TRANSFERS - If you send or receive a wire transfer, Fedwire may be used. Regulation J is the law covering all Fedwire transactions.

ACH TRANSFERS - We may give you credit for automated clearing house (ACH) payments before we receive final settlement of the funds transfer. Any such credit is provisional until we receive final settlement of the payment. You are hereby notified and agree, if we do not receive such final settlement, we are entitled to a refund from you of the amount credited to you in connection with that ACH entry. ACH transactions are governed by operating rules of the National Automated Clearing House Association. In accordance with these rules, we will not provide you with next day notice of receipt of ACH credit transfers to account. You will continue to receive notices of receipt of ACH items in the periodic statements which we provide.

RIGHTS AND RESPONSIBILITIES OF A CUSTODIAN WITH ACCOUNTS SET UP UNDER THE UNIFORM TRANSFER TO MINORS ACT

  • A gift made in the manner presented by the Uniform Transfer to Minors Act is irrevocable and conveys to the minor indefeasibly vested title to the money. Once a custodial account is opened, the donor cannot change his mind and revoke the transfer.
    The custodian has broad powers and duties over the account. The custodian has the duty of collecting, holding, managing, investing and reinvesting the custodial property. The custodian has the duty to expend for the minor's benefit, so much or all of the custodial property as he deems advisable for the minor's support, maintenance, education and benefit. The custodian has complete discretion as to the time and the amount of such payment, and he need not take into account the duty of himself or any other person to support the minor, or his ability to do so; nor must he take into account other income or property of the minor which may be available.
  • Any unexpended custodial property or money generally must be paid over to the minor upon his attaining the age of 18 years or 21 years if the account designates this. It the account was established prior to January 1,1980, the minor is not entitled to such funds until he reaches the age of 21 years.

JOINT ACCOUNT OWNERSHIP - Any account in 2 or more names, that is payable to either of the named persons, or to any survivor, will be treated as a joint account provided that all the account holders have signed the Account Agreement Card. A joint account creates a legal form of ownership which is called a 'joint tenancy.' Each joint owner named on the account, who has signed the signature card, is considered to be an owner of the account. Every owner has an equal and undivided interest in all monies deposited into, and any interest earned on, the account even though he or she may not have owned the monies originally. This means that while all the owners are living, we, the Credit Union, may honor withdrawal requests, checks or orders drawn by any owner for part or all of the monies in the account. The Credit Union may do this without giving notice to or receiving the consent of the other owner(s), unless we first receive a written notice signed by any owner directing the Credit Union not to pay or deliver any part of the joint account. If the Credit Union receives such a notice, we may require written authorization from all owners before we allow any payment or transfer from the account. This written notice does not prevent us from making, or make us liable for, any payment from the account to any third party or us, as described above.

TRANSFER LIMITS - We are required to limit the following types of transfers from accounts (other than share draft or checking accounts) to no more than six transfers per month:

All preauthorized transfers to another account or to a third party (including automatic transfers to cover overdrafts but excluding transfers for loan payments or routine allocations of direct payroll deposit to your other accounts or family member accounts); and Telephone initiated transfers to another account or a third party. In addition, if we allow access by share draft or check or point of sale to an account (other than a share draft or checking account), any transfers made by share draft or check or point﷓of﷓sale transfer will be included in the six per month maximum, and no more than three of the six transfers per month may be made by such share draft or check or point-of-sale transfer.

ADDITIONAL RULES FOR CHECKING ACCOUNTS - The word “item” will mean a share draft or check and any other means of deposit or withdrawal. For example, an “item” could be a share draft or check deposited to or written on an account, or an electronic deposit to, transfer, or withdrawal from an account. The following rules apply to our checking accounts:

FORMS - You must use only approved share draft or check forms to withdraw funds from this type of account. Withdrawals by electronic funds transfer, if permitted from this type of account, will be explained later in this brochure.

OVERDRAFTS - We are under no obligation to pay an item which exceeds the balance in your account. If however, we do pay such an item, you are still responsible for the overdraft and any fee we may impose for it.

PAYMENT OF SHARE DRAFTS OR CHECKS - We may pay a share draft or check on whatever day it is presented for payment, not withstanding the date appearing on the share draft or check. If a member dies or is adjudicated incompetent, the Credit Union retains the reasonable opportunity to act on it. Even with knowledge, the Credit Union is protected from liability when it continues to honor a member's draft even though it is has received notice of an adverse claim to the account. Unless the Credit Union is served with an appropriate court order or the claim provides the Credit Union with indemnity (at a level acceptable to the Credit Union) it may ignore the adverse claim.

PAID SHARE DRAFTS OR CHECKS - Paid share drafts or checks will not be returned to you. We will make photocopies available to you of specific paid share drafts or checks upon your request. A fee may be imposed for each share draft or check copied.

STOP PAYMENTS - You may stop payment on a check drawn on your account. An oral stop order is effective for only fourteen (14) days and must be followed up with written notice that is effective for six (6) months. The Credit Union will not honor a stop payment order on an Official Check. You must inform the Credit Union of the exact amount of the share draft or check, the number of the share draft or check, and the number of the account. Also, the Credit Union is entitled to a reasonable period of time following the stop order to notify its employees.

WRONGFUL DISHONOR - If we dishonor an item by mistake, our liability is limited to actual damages proved. The Credit Union retains the right to pay or dishonor a share draft more than six (6) months old without prior notice to the member. The Credit Union retains the right to disregard information on the share draft other than the identification of the payor Credit Union, payable through bank, payee, and the amount. Language on the share draft such as 'void if not paid in 30 days' or 'not good in excess of $100.00' or the like, will not be honored.

STATEMENTS - The Credit Union will mail statements monthly to the member. The member is expected to examine the statements carefully and reconcile the account. If there are any discrepancies, the Credit Union should be notified immediately, as the statement is considered correct unless the Credit Union is notified within sixty (60) days of the member receiving the statement of any errors.

TERMINATION OF ACCOUNT - We may close your share draft or checking account at any time by mailing you a notice with a remittance for the balance therein. We are not liable for refusing to pay any share draft or check presented after an account is closed.

LIABILITY - The member may terminate the relationship upon written ten (10) day notice. The termination, however, does not release the member from payment of accrued fees or liability for drafts in process, and entitles the member to the return of the balance less any appropriate debit items.

ELECTRONIC FUND TRANSFERS

SCOPE OF AGREEMENT - This Agreement describes the terms and conditions that govern Electronic Fund Transfer transactions at Evergreen Federal Credit Union (the 'Credit Union'). In this Agreement, the words 'you,' 'your,' and 'yours,' refer to the member who has access to Electronic Fund Transfer Services. The words, 'we,' 'our' and 'us' refer to the Credit Union.

TYPES OF ELECTRONIC FUNDS TRANSFER (EFT) AVAILABLE - The following summarizes the types of EFT services the Credit Union offers. You must sign up for each type of service separately. Therefore, some of the following may not apply to you at this time, but may apply to you at some time in the future.

A. Pre-Authorized Deposits - You can arrange to have amounts, which are regularly paid to you, deposited directly to your account. You may call us at 334-2710 to find out whether or not a pre-authorized deposit has been made.

B. Pre-Authorized Transfer to Third Parties - You may authorize automatic transfers (withdrawals) from your account to pay third parties. The authorization must be in writing. A copy of the authorization must be provided to you by the party you authorized to receive transfers from your account. If your preauthorized transfer varies in amount from the previous transfer, the third party must give you written notice of the amount and the scheduled date of the transfer at least ten days in advance.

C. Automated Teller Machine (ATM) Services and Point of Banking (POB) Facilities - You may make deposits or withdrawals to or from your accounts and may transfer funds between your accounts at designated ATM and POB facilities using your ATM Card, hereafter referred to as The Card. Certain facilities may not be available for receipt of deposits or certain other transactions. A fee may be imposed for each ATM withdrawal after three (3) in any calendar month. The charge will appear on your monthly account statement as 'ATM TRANS FEE,' please refer to the fee schedule. If you use an ATM or POB terminal that we do not own and operate, you may also be charged a fee by the owner of the ATM terminal. This fee, called a surcharge, will be disclosed to you by the ATM-owning institution before you complete your transaction. You may cancel the transaction at that time. If you agree to complete the transaction, the amount of your transaction plus the ATM owner's fee will be deducted from your account.

D. Audio Response System - With your PIN and a touch-tone telephone, you may make the following transactions at any time, twenty﷓four hours a day, using 'MATT' our Audio Response System: Balance inquiries, cleared check inquiries and transfers, for payments on your overdraft line of credit or Visa account at the Credit Union; check withdrawals; or advances from your overdraft line of credit.

E. Internet Banking - With access to the World Wide Web, your account number, you may perform the following transactions at any time, twenty-four hours a day, using “CU Connect” our Internet banking product: Balance inquiries, account and loan history inquiries and transfers, for payments on your overdraft line of credit or check withdrawals from your credit union account made payable to you and mailed to you at your address of record.

F. Bill Paying Service - When available, you may pay bills using the Internet or your touch﷓tone telephone. A fee may be imposed for this service, please refer to the fee schedule for more information.

PERSONAL IDENTIFICATION NUMBER- In connection with your participation in the above programs, C-E, we have issued to you your own Personal Identification Number('PIN'). Each time you wish to make an EFT, you must communicate your PIN. For Internet Banking, you must also communicate your PIN. To ensure that no unauthorized transactions are made on your account, you should take all reasonable precautions to prevent any other person from learning your PIN or using your PIN. For example, you should never keep any material containing your PIN attached to your Card or any information about your account.

LIMITATION ON FREQUENCY OF TRANSACTIONS

For security reasons, there are limits on the number of transactions you can make using ATMs and POB facilities.

We may put other limitations on transactions made at any ATM or POB facility covered by this Agreement.

Savings accounts are subject to additional limitations. You may make no more than a total of six withdrawals or transfers during each monthly statement cycle (i) to another of your accounts, including transaction accounts, at the Credit Union, by pre﷓authorized, automatic or telephone transfers, and (ii) to third parties by means of a pre-authorized or automatic transfer or telephone order (i.e. the Audio Response System) or through Internet banking. No more than three (3) of those six transfers may be made by check, share draft, debit card or similar order made by you and payable to third parties. Please note: Transfers completed in person at a Credit Union office, through an ATM or POB facility or by withdrawal check mailed directly to you are not counted toward the limit of six/three per month.

LIMITATIONS ON DOLLAR AMOUNTS OF TRANSACTIONS

1. You may withdraw up to $1,000 with The Card each 24 hour period.

2. The amount you may withdraw each time you use The Card is determined by the ATM sponsor, but will never exceed $1,000.

DOCUMENTATION OF TRANSACTIONS Receipts - You will get a receipt at the time you make any transaction using an ATM or POB facility. When you perform a transaction using Internet banking, you will receive a confirmation computer screen with reference information which you may print for your records.

Periodic Statements﷓You will receive a monthly statement which will show all EFTs during the period covered by the statement.

LIABILITY FOR UNAUTHORIZED TRANSACTIONS - Tell us AT ONCE it you believe your Card or PIN has been lost or stolen. Telephoning us is the best way of keeping your possible loss down. You could lose all the money in your account; however, if you tell us within (2) business days, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within (2) business days after you learn of the loss or theft of your Card or PIN, and we can prove that we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transactions that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you will not recover any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us; we will extend the time period.

ADDRESS AND TELEPHONE NUMBER﷓ If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission or for any reason you wish to contact us about your account:

Call: (585) 334-2710

Write: General Manager Evergreen Federal Credit Union 2974 East Henrietta Road Henrietta, NY 14467

Fax: (585) 334-7201 Internet: www.evergreenfcu.com

BUSINESS DAYS - Our business days are Monday through Friday. The Credit Union is closed for all Federally observed holidays.

FAILURE TO MAKE TRANSACTIONS - If we do not complete a transaction to or from your account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: If,

  • through no fault of ours, you do not have enough money in your account to make the transfer.
  • the ATM where you are making the transfer does not have enough cash.
  • the ATM or the connection over the Internet was not working properly and you knew about the breakdown when you started the transaction.
  • the money in the account is subject to a Court Order or other encumbrance restricting its removal from the account or is the subject of a dispute.
  • we believe in good faith that the transaction is being started without your authorization.
  • our failure to complete the transaction is justified by any provision of this Agreement or any other agreement between you and us concerning your account or by law or applicable regulation.
  • the right to use your Card has been canceled.
  • circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken to prevent the occurrence.

There may be other exceptions not stated here.

DISCLOSURE OF ACCOUNT INFORMATION - When performing any transaction by phone or in person the credit union may require the use of a PIN number, mother's maiden name or other acceptable means of identification.

In the regular course of business, we will disclose information about your account or the transaction affecting your account:

  • Where it is necessary to completing transfers.
  • In order to verify the existence or condition of your account to a third party such as a credit bureau or merchant.
  • In order to comply with applicable laws, governmental regulations or legal process.
  • If you give us your written permission.

IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR TRANSACTIONS - Call or write us at the address or number on the front of this brochure as soon as you can if you think your statement a receipt is wrong or if you need more information about a transaction listed on your statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us your name and account number.
  • Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is in error or why you need more information.
  • Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any errors promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days for the amount you think is in error so that you will have the use of the money during the time it takes to complete our investigation. If we ask you to put your complaint or questions in writing and we do not receive it within ten (10) business days, we may not re-credit your account during the investigation. If the alleged errors pertain to a transaction initiated outside of the United States, District of Columbia or Puerto Rico, the ten (10) business day time periods become twenty (20) business days and the forty-five (45) calendar day period becomes ninety (90) calendar days.

If we determine that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

If we have provisionally re-credited your account during the investigation and determine that there was no error, we will notify you of the date on which we will debit your account and the amount to be debited. You should make certain that your account contains sufficient funds to cover this debit. If an overdraft occurs during this period, we have the right to collect the amount from you. If this happens, your right to participate in the specific program under which the debit was made will be suspended, and you will not be considered for reinstatement until you pay for all such debits.

STOP PAYMENT OF PRE-AUTHORIZED TRANSFERS - If you have arranged with the Credit Union in advance to make regular periodic payments out of your account, you can stop any of those payments by following these procedures. Call or write the Credit Union at the telephone number or the address on the front of this brochure in time for the notice to be received by the Credit Union three (3) or more business days before the payment is scheduled to be made. 

If you call, the Credit Union may require you to put your request in writing so that it reaches the Credit Union within fourteen (14) days after your call. If you order us to stop one (1) of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for losses and damages.

TERMINATION - We may cancel your privilege to make EFTs at any time for any reason. The cancellation will take effect immediately unless we determine otherwise. As soon as you learn of the cancellation, you must stop using the Card and return the Card to us at once. If you use your Card after we have canceled your right to use the Card, it may not be given back to you. You may terminate your right to make EFTs, but you must do so by writing to us at the address we have given you. Your participation will be terminated on the business day after we receive your written notification.

You agree not to close your account unless you first notify us and stop using the EFT Services. You agree to pay us for any cash or services which remain unpaid after termination. Termination of this Agreement in no way affects your responsibility for EFTs occurring before termination or made using your Card or PIN after termination. You may not assign your rights under this Agreement and any attempted assignment will be void.

NOTICES AND CHANGES OF ADDRESS - Any notice we send to you will be sent by regular mail to your mailing address as currently shown in our records. You must promptly notify us in writing of a change in your address. If you do not, a fee may be applied.

EVIDENCE - In any legal proceeding involving this Agreement or your Card, a copy of this Agreement kept by us in the regular course of business is to be admitted in evidence as an original of this Agreement.

CONFLICTS - If any part of this Agreement conflicts with any applicable law or regulation, the law or regulation will control. If any part of this Agreement is determined by a court to be invalid, the rest will remain in effect.

CARDS ISSUED TO MORE THAN ONE PERSON - If Cards relating to your account are issued to more than one person, all those persons will be individually and jointly liable under this Agreement. We can send or deliver any notice concerning this Agreement or any Cards to any one of them, and it will be binding on all of them.

ENTIRE AGREEMENT - This Agreement constitutes the complete agreement between you and us concerning EFT Services. By performing an EFT or authorizing someone else to do so with respect to your account, you agree to be bound by all provisions of this Agreement. Any legal question concerning this Agreement will be decided in accordance with New York State law and, to the extent applicable, Federal law.

AMENDMENTS - We may change the terms of this Disclosure Statement and Agreement at any time. You will receive written notice of the changes to the extent required by law.

RESPONSIBILITY - You are responsible for any transaction made by you or by anyone you authorize to use your Card and your PIN.

FUNDS AVAILABILITY

This policy statement applies to "transaction" accounts. Transaction accounts, in general, are accounts which permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us. Share Draft accounts are the most common transaction accounts. Feel free to ask us whether any of your other accounts might also be under this policy.

Our policy is to make funds from your deposits available to you on the first business day after the day we receive your deposit. At that time, you can withdraw the funds and we will use the funds to pay checks that you have written.

Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal holidays.

LONGER DELAYS MAY APPLY - In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the seventh business day after the day of your deposit. However, the first $100 of your deposit will be available on the first business day. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  • We believe a check you deposited will not be paid.
  • You deposit checks totaling more than $5,000 on any one day.
  • You redeposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six months.
  • There is an emergency, such as a 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 eleventh business day after the day of your deposit.

DEPOSITS AT AUTOMATED TELLER MACHINES - Funds from any deposits (cash or checks) made at automated teller machines (ATMs) will be available no later than the seventh business day after the day of your deposit. You may be charged a fee by the owner of the ATM terminal. This fee, called a surcharge, will be disclosed to you by the ATM-owning institution before you complete your transaction. You may cancel the transaction at that time. If you agree to complete the transaction, the amount of your transaction plus the ATM owner's fee will be deducted from your account. These rules do not apply to ATM's owned or operated by the Credit Union.

SPECIAL RULES FOR NEW ACCOUNTS - If you are a new member, the following special rules will apply during the first 30 days your account is open.

The first $5,000 from a deposit of U.S. Treasury checks will be available on the first business day after the day of your deposit. The excess over $5,000 will be available on the ninth business day after the day of your deposit. Funds from wire transfers into your account will be available on the first business day after the day we receive the transfer.

Funds from deposits of cash and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's and state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000 will be available on the ninth business day after the day of your deposit. If you do not make the deposit in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available on the tenth business day after the day of our deposit.

TRUTH-IN-SAVINGS DISCLOSURE

REGULAR SHARE ACCOUNT

RATE INFORMATION - This is a variable rate account. The dividend rate and annual percentage yield on this account may change every quarter as determined by the Credit Union Board of Directors.

COMPOUNDING AND CREDITING FREQUENCY - Dividends will be compounded and credited quarterly on the ledger balance.

MINIMUM BALANCE TO OPEN THE ACCOUNT - The minimum balance required to open this account is $5.00.

MINIMUM BALANCE TO OBTAIN THE ANNUAL PERCENTAGE YIELD DISCLOSED - You must maintain a minimum balance of $5.00 in your account each day to obtain the disclosed annual percentage yield.

COMPUTATION METHOD - Dividends are calculated by the daily balance method which applies a daily periodic rate to the principal in the account each day

ACCRUAL OF DIVIDENDS - Dividends will begin to accrue on the business day of your deposit. If you close your account before your accrued dividends are credited, you will not be paid any dividends for the dividend period.

TRANSACTION LIMITATIONS - During any statement period, you may not make more than six withdrawals or transfers to another credit union account of yours or to a third party by means of preauthorized or automatic transfer or telephone order or instruction. No more than three of the six transfers may be made by check, draft, debit card, if applicable, or similar order to third party. If you exceed the transfer limitations set fourth above in any statement period, your account will be subject to closure by the credit union, and you will be charged a fee for each excess item.

NATURE OF DIVIDENDS - Dividends are paid from current income and available earnings, after required transfers to reserves at the end of a dividend period.

SHARE DRAFT ACCOUNT

RATE INFORMATION - No dividend paid on this account

MINIMUM BALANCE TO OPEN THE ACCOUNT - None

MINIMUM BALANCE TO AVOID IMPOSITION OF FEES - None.

TRANSACTION LIMITATIONS - None.

FEES - An insufficient funds fee will be charge for each item returned for insufficient funds. Additional fees may apply. Refer to Fee Schedule.

SHARE CERTIFICATE ACCOUNT

RATE INFORMATION - This is a fixed rate account. The annual percentage yield is disclosed on the available rate sheet. This rate is determined by the Credit Union Board of Directors. You will be paid this rate until maturity. The annual percentage yield is based on the assumption that dividends remain on deposit until maturity. A withdrawal will reduce earnings.

COMPOUNDING AND CREDITING FREQUENCY - Dividends will be compounded and credited monthly on the ledger balance.

MINIMUM BALANCE TO OPEN THE ACCOUNT - The minimum balance required to open this account is $500.00.

MINIMUM BALANCE TO OBTAIN THE ANNUAL PERCENTAGE YIELD DISCLOSED - You must maintain a minimum balance of $500.00 in your account each day to obtain the annual percentage yield disclosed.

COMPUTATION METHOD - Dividends are calculated by the daily balance method which applies a daily periodic rate to the principal in the account each day.

ACCRUAL OF DIVIDENDS - Dividends will begin to accrue on the business day of your deposit. If you close your account before your accrued dividends are credited, you will not be paid any dividends for the dividend period. The annual percentage yield is based on the assumption that dividends remain on deposit until maturity. A withdrawal will reduce earnings.

TRANSACTION LIMITATIONS - You may not make any deposits into your account before maturity. You may not make any withdrawals of principal from your account before maturity unless withdrawal is because of the death of any owner; withdrawal is after the close of the dividend period in which the owner(s) membership was terminated under Article II, Section 5 of the bylaws; withdrawal is a result of the voluntary or involuntary liquidation of the Credit Union; the account is part of a qualified individual retirement or Keogh plan, with distribution of funds upon the participants disability or attainment of not less than 59'1/2 years of age. We may impose a penalty if we grant your withdrawal request. You may make withdrawal of dividends from your account before maturity.

MATURITY DATE - You will receive a notice of certificate maturity a minimum of (10) days in advance of the maturity date. If your instructions for renewal are not received by the Credit Union prior to the maturity date, the balance will automatically be redeposited for the same term at the prevailing rate.

You may withdraw the deposited shares without penalty for 10 calendar days after the maturity date.

EARLY WITHDRAWAL PENALTIES - Penalties may be imposed for withdrawals before maturity.

If the term of the certificate is less than 12 months then the forfeiture of the dividends is the smaller of the following amount: Dividends earned since the date of issuance or renewal or 90 days dividends. If the term is 12 months or greater than the smaller of the following amount: Dividends earned since the date of issuance or renewal or 180 days dividends.

TRUTH-IN-SAVINGS DISCLOSURE

HOLIDAY CLUB ACCOUNT

RATE INFORMATION - This is a variable rate account. The dividend rate and annual percentage yield on this account may change every quarter as determined by the Credit Union Board of Directors.

COMPOUNDING AND CREDITING FREQUENCY - Dividends are not compounded. Dividends paid on October 1, annually.

MINIMUM BALANCE TO OPEN THE ACCOUNT - The minimum balance required to open this account is $5.00.

MINIMUM BALANCE TO OBTAIN THE ANNUAL PERCENTAGE YIELD DISCLOSED - You must maintain a minimum balance of $5.00 in your account each day to obtain the disclosed annual percentage yield.

COMPUTATION METHOD - Dividends are calculated by the daily balance method which applies a daily periodic rate to the principal in the account each day

ACCRUAL OF DIVIDENDS - Dividends will begin to accrue on the business day of your deposit. If you close your account before your accrued dividends are credited, you will not be paid any dividends for the dividend period.

TRANSACTION LIMITATIONS - You may not make any withdrawals of principal from your account before maturity unless withdrawal is because of the death of any owner; withdrawal is after the close of the dividend period in which the owner(s) membership was terminated under Article II, Section 5 of the bylaws; withdrawal is a result of the voluntary or involuntary liquidation of the Credit Union; We may impose a penalty if we grant your withdrawal request.

NATURE OF DIVIDENDS - Dividends are paid from current income and available earnings, after required transfers to reserves at the end of a dividend period.

Evergreen Federal Credit Union Privacy Policy At Evergreen Federal Credit Union, we know that trust is the foundation of our members' relationship with us. We understand the need and desire of our members to have information regarding personal finances kept confidential. Therefore, Evergreen has always had a strict policy regarding the protection of our members' information. This policy, explained below, details how we use information from and regarding you (our member), how we keep your information private, and when information can or must be shared by Evergreen.

1. Evergreen and its employees will, within strict guidelines, safeguard any information you share with us. Access to your information by employees will be reasonably limited to those employees that have a business reason for such access. Employees that do not follow these guidelines will be subject to our normal disciplinary procedures.

2. We will collect, retain and use information about you only where we believe necessary or useful in order to operate our business and to make available products, services, and other opportunities to you.

3. We will share information regarding you with third parties only when, in our judgment, either (a) you have authorized the sharing of information, (b) previously informed you in disclosures that we will share information, (c) compelled by law or valid court order to do so, or (d) we have entered into an agreement with a third party for support services in which case the third party will agree to maintain the confidentiality of our members' information.

4. Evergreen does not share or sell marketing lists to third parties. Evergreen may share information with its subsidiaries and affiliates within the limits of applicability.

5. We will attempt to keep all member information up-to-date wherever feasible. You have access to your own information at any time. Please inform us immediately if any information about you is inaccurate.

Please contact our office with any questions at 334-2710.

Visa Debit (Check) Card

Debit Card Agreement and Disclosure Statement

Agreement: In this agreement and disclosure statement ("agreement"), the words "you" mean each and all of those who agree to be bound by this agreement. "Card" means the EVERGREEN Federal Credit Union VISA Debit Card and any duplicate, renewal or substitute cards the Credit Union sends you. "Account" means the account designated on the application for your VISA Debit Card. "Credit Union" mans the EVERGREEN Federal Credit Union or anyone to whom the Credit Union transfers this agreement. "Transaction" means use of the card or the account number on the card and a Personal Identification Number when required to perform a transaction.

Issuance of Card: You have requested the Credit Union to issue you a Card that can be used to access the funds in your Account. The Credit Union will issue you a PIN that must be used with the Card for transactions that require use of a PIN. Do not reveal your PIN number to anyone or keep it in writing near the Card.

Responsibility for Transactions: You are responsible for all transactions you make with the Card or that you authorize another person to make with the Card. If the Account is a joint account, all transactions involving the Account are binding on all Account holders.

Using the Card: You may use the Card and PIN to:

Withdraw cash from your share or share draft account at ATMs that display the VISA, PLUS or Cartel logos.

You may use the Card without the PIN to:

Purchase goods or services at any store or merchant that accepts VISA, order goods through the mail or by telephone from merchants that accept VISA. You may also obtain a cash advance from a financial institution that accepts VISA cash advances. The amounts of these transactions will be deducted from your share draft (checking) account.

Use of the Card, the Account number, the PIN or any combination of the three for payments, purchases or to obtain cash from merchants, financial Institutions, ATMs or others who accept VISA is an order by you for the withdrawal of the amount of the Transaction from your Account. Use of the Care is subject to the term and conditions of your Account as stated in me Member Account Agreement.

Limitations on Dollar Amounts and Frequency of transactions: You may withdraw the lesser of your available balance or $500 per day from an ATM with this Card. You may use up to your available balance for purchases at merchants that accept VISA.

Fees for Use of the Card: There is no fee for the use of the Card at a merchant. You may use the Card to withdraw cash from any ATM three times per month for free. There is a $1 charge for each ATM transaction thereafter. Refer to the Fee Schedule for other fees that may apply,

Overdrafts: You promise to pay the Credit Union immediately upon demand for any negative (overdraft) balance arising in your Account, unless you have available overdraft privileges. If you do hot have overdraft privileges, the Credit Union may deduct the amount of any overdraft on your Account from any other account you have with the Credit Union, except an Individual Retirement Account. Debit card transactions will be processed before Share Draft transactions or any other debit transaction each day. You will be assessed a $16.00 NSF fee for each transaction that attempts to post for which there are insufficient funds. Repeated overdraft situations may result in the loss of your Debit card privileges.

Right to Receive Documentation of Transactions: You will receive a receipt each finds you use your VISA Debit card for ATM withdrawals, cash advances or purchases. Transactions made with this card will appear on your monthly share andfor sham draft account statement.

The business days of the Credit Union are: Monday through Friday, holidays are not included.

Disclosure of Account Information to Third Parties: The Credit Union will disclose information to third parties about your Account or the Transactions you make:

(1) When it is necessary to complete a transaction;

(2) In order to verify the existence and condition of your Account for a third party such as a credit bureau or merchant;

(3) In order to comply with government agency or court orders;

(4) If you give us written permission.

Liability for Unauthorized Transactions: Notify the Credit Union immediately if you believe your Card has been lost or stolen. Telephoning is the best way of keeping your possible losses to a minimum. You could lose all the money in your Account (plus your maximum overdraft line of credit, if you have one). If you tell the Credit Union within two (2) business days, you can lose no more than $50 it someone used your card without Permission.

If you do not tell the Credit Union within two (2) business days after you learn of the loss or theft of your Card, and the Credit Union can prove it could have stopped someone from using your Card without your permission if you had told the Credit Union, you could be liable for up to $500 of any loss.

If your statement shows transactions that you did not make, notify the Credit Union immediately. If you do not tell the Credit Union within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if the Credit Union can prove that it could have stopped someone from taking the money if you had told it in time.

How to Notify the Credit Union in the Event of an Unauthorized Transaction: If you believe the Card or PIN has been lost or stolen or that someone has performed a transaction with your card without your permission, call us (585) 3342710. Calling will not reserve all of your rights, You must write to us at PO Box 117. Henrietta, NY. 14467.

Right to Stop Pre-authorized Payments: If you have arranged to have regular payments made from your Account, you ran stop any of these payments. Call the Credit Union at (585) 334-2710 or write us at PO Box 417, Henrietta, NY, 14467. We should receive notification at least 3 business days before the payment is scheduled to be posted to your account. If you call, the Credit Union may also require you to put your request in writing within 14 days of your call.

If you instruct the Credit Union to stop one of these payments according to the above procedure and we do not do so, you will not be liable for the amount.

Refusal to Honor Card: The Credit Union is not liable for the refusal or inability of any electronic terminal to honor the Card or to complete a withdrawal from your Account, or for the their retention of the Card. The Credit Union is also not responsible for the refusal of a merchant or financial institution to honor the Card or for their retention of the Card.

Liability for Failure to Complete Transactions: If the Credit Union does not complete a transaction to or from your Account on time or in the correct amount according to the Credit Union's agreement with you, the Credit Union will be liable for your losses or damages. However, the Credit Union will not be liable:

  • If, through no fault of the Credit Union, you do not have enough money in your Account to complete the transaction;
  • If you have overdraft protection with the Credit Union and the Transaction would exceed your overdraft protection limit;
  • If the automated teller machine where you are making the transaction does not have enough cash;
  • If the terminal or system was not working properly and you knew about the breakdown when you began the transaction;
  • If circumstances beyond our control (such as fire or flood) prevent the transaction to be completed;
  • If your Account is subject to legal process or other claim;
  • If you use a damaged or expired card or a card that has been reported lost or stolen;
  • If the Credit Union believes that your card has been stolen;
  • For pre-authorized payments, if through no fault of the Credit Union, the payment information for a pre-authorized transfer is not received.

Rules of Account: All Transactions by this Agreement are also subject to all rules and agreements that govern the Account(s) being debited or credited in connection with a Transaction, except as modified by this Agreement.

Foreign Transactions: Transactions that are initiated in foreign countries and foreign currencies will be charged to your account in U.S. dollars. The conversion rate to U.S. dollars will be at (1) the wholesale market rate or (2) the government-mandated rate, whichever is applicable, in effect one (1) day prior to the processing date, increased by one percent (1%).

Effect of Agreement: Even though the sales, cash advance, or other slips that you sign or receive when using the Card or the Account number on the Card may contain different terms, this Agreement is the sole Agreement that applies to all Transactions involving this Card.

Change in Terms: The Credit Union may change this Agreement from time to time by giving you written notice. If any change results in greater cost or liability to you or decreases access to your Accounts, you will be given at least (21) days prior notice of the change.

Termination of Account: The Credit Union reserves the right to cancel your card at any time. You may also cancel your card at any time. The Card remains property of the Credit Union. If either you or the Credit Union cancels your Card, you agree to return the Card to the Credit Union or destroy it at the Credit Union's request.

No Waiver: The Credit Union can delay enforcing any of its rights under this Agreement and the law any number of times without losing them.

Statements and Notices: Statements and notices will be mailed to you at the most recent address you have given the Credit Union. Notice sent to any one of you will be considered notice to all.

General: To the extent permitted by law, you agree to pay reasonable costs, including attorney's fees in the event the Credit Union sues you to enforce this Agreement. This Agreement is binding upon your heirs, personal representatives and successors and if more than one, jointly and severally.

Signatures: By signing the VISA Debit Card Application, you agree to the terms of this Agreement. You should retain this disclosure for your records.

YOUR BILLING RIGHTS

Notify us in Case of Errors or Questions about Your Card: Telephone us at (585) 334-2710 or write Us at PO Box 417, Henrietta, NY 14467 as soon as possible, if you think your statement or receipt is wrong or if you need more information about a Transaction listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

1. Tell us your name and account number.

2. Describe the error of the Transaction you are unsure about and explain as clearly as you can why you believe it is in error or why you need more information.

3. Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send us your complaint or question in writing within (10) days.

We will tell you the results of our investigation within 10 business days (20 business days for transactions initiated outside the United States) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days for transactions initiated outside the United States) to investigate your complaint or question. If we take such action, we will give you provisional credit within 10 days for the amount you believe is in error. If our, investigation results in not finding a problem, the money will then be taken back out of your account. If we ask you to put your complaint in writing and you fail to do so within 10 business days, we may not credit your Account.

If we decide there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Information contained in this disclosure is accurate as of January 25, 1999.



Privacy Policy | Billing Rights | Disclosures
For questions concerning your account or a recent statement, contact the Credit Union.