ATM CARD AGREEMENT AND DISCLOSURE

This ATM Card Agreement is the contract which covers your and our rights and responsibilities concerning the debit card services offered to you by the Latvian Cleveland Credit Union (“Credit Union”).  In this agreement, the words “you” and “yours” mean those who sign the application or account card as applicants, joint owners, or any authorized users.  The words “we”, “us” and “our” mean the Credit Union.  The word “account” means any one (1) or more savings and checking accounts you have with the Credit Union.  Debit Card transactions are electronically initiated transfers of money from your account through the Debit Card services described below.  By signing an application or account card for Debit Card services, signing your Card, or using any service, each of you, jointly and severally agree to the terms and conditions in this Agreement and any amendments for the Debit Card services offered.

 

1. Culiance ATM/DEBIT CARD.  If approved, you may use your Card to purchase goods and services from participating merchants.  However, you may not use your card to initiate any type of gambling transaction.  You agree that you will not use your card for any transaction that is illegal under applicable federal, state, or local law.  Funds to cover your Card purchases will be deducted from your checking account.  No overdrafts are allowed.  Transactions for Culiance ATM/Debit Cards are based upon available funds only.

You may use your Card and PIN (Personal Identification Number) in automated teller machines at any Credit Union with the Culiance CU24, CU Here, CU Here Select (Publix/Presto), CU Here Reciprocal (Moneypass) Logo and any other machine or facilities that accepts the Culiance Card.

To initiate a Debit transaction, swipe your card through a point-of-sale (POS) terminal.  You may also use your Card to:

Withdraw funds from your share draft account

Obtain balance information for your share draft account

Make POS (Point of Sale) transactions with your Card and PIN to purchase goods or services at merchants that accept Culiance Network ATM Cards

 

The following limitations on the frequency and amount of Culiance Debit Card Transactions may apply:

There is no limit on the number of Culiance Debit Card purchases you make per day

Purchase amounts are limited to $500.00 per day

You may withdraw up to a maximum of $200.00 in any (1) day from an ATM machine, if there are sufficient funds in your account

There is no limit on the number of POS transactions you may make in (1) day

 

2. CONDITIONS OF DEBIT SERVICES:

OWNERSHIP OF CARDS.Any card which we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the Card, immediately according to instructions.The Card may be repossessed at any time at our sole discretion without demand or notice.You cannot transfer your Card or account to another person.

HONORING THE CARD.Neither we nor merchants authorized to honor the Card will be responsible for the failure or refusal to honor the Card.If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.

HOLDS PLACED ON CARDS.If you incorrectly input your PIN number three (3) times consecutively, a hold will be placed on your card and you will have to call the credit union to reactivate your card.This is a security precaution.

DEMAGNIFICATION OF CARD.Please do not store your ATM Card next to your cell phone.The cell phone may cause the demagnification of your card and your card will need to be replaced.

FOREIGN TRANSACTIONS.The Culiance Card cannot be used in foreign countries.

SECURITY OF ACCESS CODE.The access code issued to you is for security purposes.Any code issued to you is confidential and should not be disclosed to third parties or recorded on or with your Card.You are responsible for safekeeping your access code.You agree not to disclose or otherwise make your access code available to anyone not authorized to sign on your accounts.If you authorize anyone to use your access code, that authority shall continue until you specifically revoke that authority by changing your access code either through a full-service ATM terminal or by calling the Credit Union offices to change your code.You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts.You are responsible for the security of your own access code.

JOINT ACCOUNTS.If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all Debit transactions to or from any savings and checking accounts as provided in this Agreement.Each joint account owner, without the consent of any other account owner, may, and hereby is authorized by every other joint account owner to, make any transaction permitted under this Agreement.Each joint owner is authorized to act for the other account owners, and the Credit Union may accept orders and instructions regarding any Debit transaction on any account from any joint account owner.

FEES AND CHARGES.There are certain fees and charges for Debit services.At this time we do not charge for any electronic transactions.If we incorporate any fees or charges associated with your Debit services, we will notify as required by applicable law.If you use an ATM, you may be charged a fee by the ATM operator and by any network used in processing the transaction.The ATM surcharge will be debited from your account if you elect to complete the transaction.

3. MEMBER LIABILITY.  Tell US AT ONCE if you believe your Card has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account.

(216) 228-1996 or (800) 577-1996

or write to:

Latvian Cleveland Credit Union

1385 Andrews Avenue

Lakewood, Ohio44107

 

4. RIGHT TO RECEIVE DOCUMENTATION

Periodic Statements.Withdrawals made through any Debit Card transaction will be recorded on your periodic statement.You will receive a statement monthly unless there is no transaction in a particular month.In any case, you will receive a statement at least quarterly.

Terminal receipt.You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM and/or point-of-sale terminal

5. ACCOUNT INFORMATION DISCLOSURE.  We will disclose information to third parties about your account or the transfers you make:

As necessary to complete transfers

To verify the existence of sufficient funds to cover specific transactions upon the request of a third party, such as a merchant

To comply with government agency or court orders or

If you give us your written permission

6. BUSINESS DAYS.  Our business days are Monday, Tuesday, Wednesday and Friday, excluding holidays.

7. NOTICES. All notices from us will be effective when we have mailed them or delivered them to your last known address in the Credit Union’s records and/or posted the information on our website.  Notices from you will be effective when received by the Credit Union at the address specified in this Agreement.  We reserve the right to change the terms and conditions upon which this service is offered.  Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

Be aware of your surroundings, particularly at night

Consider having someone accompany you when the ATM or night deposit facility is used after dark

Close the entry door of any ATM facility equipped with a door

If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction.If it is after the regular hours of the financial institution and you are using an ATM, do not permit entrance to any person you do not know.

Refrain from displaying your cash at the ATM or night deposit facility.As soon as your transaction is completed, place your money in your purse or wallet.Count the cash later in the safety of your car or home.

If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or coming back later.If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your Card or deposit envelope, and leave.

If you are followed after making a transaction, go to the nearest public area where people are located.

Do not write your personal identification number or code on your ATM Card.

Report all crimes to law enforcement officials immediately.If emergency assistance is needed, call the police from the nearest available public telephone.

 

8. BILLING ERRORS.  In case of errors or questions about electronic funds transfers from your savings and checking accounts or if you need more information about a transfer on the statement or receipts, telephone us at the following number or send us a written notice to the following address as soon as you can.  We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.  Call us at (800) 577-1996 or (216) 228-1996.

Tell us your name and account number

Describe the electronic transfer you are unsure about, and explain as clearly as you can why you believe the Credit Union has made an error or why you need more information.

Tell us the dollar amount of the suspected error.

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

We will determine whether an error has occurred within ten (10) business days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

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

 

9. TERMINATION OF EFT SERVICES.  You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your Card and any access code.  You must return all Card to the Credit Union.

 

10. GOVERNING LAW.  This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of Ohio and local clearinghouse rules, as amended time to time.

 

11. ENFORCEMENT.  You are liable to us for any loss, cost or expenses we incur resulting from your failure to follow this Agreement,  You authorize us to deduct any such loss, costs or expenses from your account without prior notice to you.  If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings and any post-judgment collection actions.