Electronic Funds Transfer Agreement
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CDC FEDERAL CREDIT UNION

ELECTRONIC COMMUNICATIONS

DISCLOSURE AND CONSENT

 
Description of Service and Consent. You have become or you have begun the process of becoming a member of CDC Federal Credit Union (“CDC FCU”) and potentially applying for credit online. We are required by law to provide you with certain important information at this time. Once you consent to receiving electronic communications instead of paper notices, we will provide you with certain information as part of your application as required by applicable, federal law. With respect to any particular account or service, we may, but are not obligated to, send other notices, including communications, whether or not required by law or regulation, and which are hereafter referred to as “Communications.” By accepting this Disclosure and Consent notice, you agree to receive all Communications and Disclosures from CDC Federal Credit Union electronically. If you do not wish to receive communications and disclosures electronically, you may click, “Cancel” at this time, and obtain a paper application at www.cdcfcu.com or at any CDC FCU office.

Communications From You Are Not Covered.
Applicable laws sometimes require you to give us “written” communications, and your consent does not relate to those. In order to coordinate our processing, as well as provide any required “written” notices, we reserve the right to communicate with you by other means, such as by mail or telephone, and may require that you also use those means. Additionally, we reserve the right to make amendments to this Disclosure and Consent Agreement without prior notice, and will notify you as required by law. By continuing to use the application, product, or service, you accept a change, or you may decline by withdrawing your consent.

Copies.
You may print or download any and all of the Electronic Communications provided to you in this application. If we are required by law to give the Communication, upon request, we will provide you a paper copy at no additional cost, except as set forth in the credit union’s Schedule of Fees and Service charges. If you would like a paper copy of a Communication or Notice, you are asked to contact our e-Services Department at 404-325-3270 (option 3), or outside Atlanta at 1-800-245-9655 (option 3) and place your request.

Electronic Records.
To facilitate electronic commerce, to reduce the expense of records storage, and to obtain the benefits of faster access to records, you acknowledge and agree that we may in our discretion store all records electronically, and that we will not retain, and have no obligation to retain, any original documents for any period of time. This applies to all documentation including, but not limited to, checks, transaction records, notes, Security Deeds, and other loan or security documentation. You further acknowledge and understand that we may routinely destroy original documentation. We may store records electronically via imaging or any other technology routinely used in the financial services industry for the storage of documentation via internal processes or third-party processors that we approve for these services. You agree that such storage shall be secure, and you further agree that such records shall for all purposes be recognized and admissible as evidence or otherwise to prove the agreements, rights, and obligations of the parties pursuant to any such records.

 

Withdrawing Consent to Electronic Delivery. You may provide us notice that you are no longer willing to accept Communications electronically by calling the e-Services Department at 404-325-3270 option 3 or 1-800-245-9655 outside Atlanta or, if the Web screen for the particular service provides an electronic option to terminate Communications, you may withdraw your consent electronically by that method. If you withdraw your consent for electronic delivery of Communications with respect to any service, we may, in our sole discretion, automatically terminate your use of that service.


System Requirements.
To receive the Communications electronically, you will need to ensure you are able to receive the information electronically and retain it. You must have a connection to the Internet, and have the following hardware and software: Computer Processor (CPU) with Internet connectivity and capable of receiving and sending email and storing electronic Communications; Monitor: Optimum screen resolution: 800X600 Modem or ISDN devices; 14.4 baud or better Printer capable of printing text screens or a hard drive capable of storing data Internet/Web browser capable of 128-bit encryption. Adobe® Acrobat® Reader® software, so you can view Adobe PDF files.


Consent and Acknowledgement.
By consenting, you are agreeing to designate an e-mail address for use for all electronic Communications from us. When a Communication is available for your use through our Web site or a message is posted for you to log onto the CDC FCU Web site, we will send you a notice to the e-mail address you have designated or to the mailing address in our records for the applicable account or service and such relative Communication involved.


Member Responsibilities.
You are responsible for notifying us of any changes to your email address by calling the credit union at 404-325-3270 option 3 or 1-800-245-9655 (outside Atlanta). If the credit union learns that you are no longer receiving our email notifications (for example, an email to you is returned as undeliverable), we may continue sending electronic Communications. We will make a reasonable attempt to redeliver the Communication; however, we are not obligated to verify that you are receiving your electronic Communications or that you are accessing your electronic Communications.

By clicking the applicable box below, you acknowledge (1) Receipt of evidence of your intent to be bound by this Electronic Communications Disclosure and Consent notice; (2) That you confirm you are able to access and retain electronic Communications as described above; (3) You have the capacity to print the required Disclosures; and (4) That you agree to accept Communications electronically as described above for any accounts, products, and/or services you now wish or may request in the future.

CDC FEDERAL CREDIT UNION

ELECTRONIC FUND TRANSFER AGREEMENT

AND DISCLOSURES

 
CDC FEDERAL CREDIT UNION (“Credit Union”) has, on your request, issued you or will issue you an access device; i.e., Credit Card, EFT Card, Personal Identification Number (“PIN”), etc., that enables you to make certain electronic fund transfers via ATMs, Point-of-Sale (POS) terminals or via touch-tone telephones.  You cannot use your access device until same has been properly validated by the Credit Union.  If you do not want to use the card, please destroy it by cutting it in half.  As a condition to using said access device, and in consideration of other good and valuable consideration, the receipt and sufficiency of which you acknowledge by the use of your access device, you agree to the following terms and conditions:


Although the disclosures given to you regarding electronic fund transfers refer to all of the various types of electronic fund transfers permitted by the Credit Union, you will only have access to those certain types of electronic fund transfers which you have specifically requested from the Credit Union and which the Credit Union has agreed to provide to you.


You agree to pay to the Credit Union all applicable fees and/or costs, as described in the disclosures given to you regarding this Agreement, that may, from time to time, be assessed as a result of your making electronic fund transfers.  (The “disclosures” referred to herein, and which are hereby expressly incorporated herein by reference, are those that follow the main body of this Agreement and which are entitled “CDC FEDERAL CREDIT UNION’S DISCLOSURE OF TERMS AND CONDITIONS REGARDING ELECTRONIC FUND TRANSFERS.”)


In making deposits at an ATM operated or provided by the Credit Union for your use, you agree: (a) not to insert any paper deposits that are in the aggregate greater than one-quarter inch in thickness; and (b) not to insert any coins.  Should you insert coins or such paper deposits into said ATM(s), you may, at the Credit Union’s sole option, be held responsible for any damages caused to said ATM(s) including, but not limited to, any cost/expenses incurred for service and/or labor to said machine(s) which was necessitated by the insertion of coins and/or such paper deposits.  You fully agree, for security purposes, that the Credit Union may cause one or more means of identification of you to be made at the ATM(s) prior to or during each time, or from time to time, you use such ATM(s).  The means of such identification shall be within the sole discretion of the Credit Union.


All transactions conducted with your access device are subject to collection, verification and/or audit prior to final acceptance of same by the Credit Union.  A receipt issued to you regarding an attempted electronic fund transfer shall be evidence of same, but shall not be conclusive (said transfer and/or transaction being subject to collection, verification or audit by the Credit Union as aforementioned, and also shall be subject to your compliance with all of the terms and conditions hereof and with the terms and conditions of the accounts being accessed or affected by such attempted transfer and/or transaction).  As used herein, the word “receipt” means a paper document referencing an electronic funds transfer and shall not, in any manner whatsoever, be taken as an acknowledgment of the Credit Union actually receiving any physical property; i.e., monies, checks, drafts, etc. You agree not to use your access device, or any other service of the Credit Union, for the purpose of engaging in any illegal, internet gambling.


Your access device remains the property of the Credit Union, and you are the only person authorized by the Credit Union to use the access device.


Unless otherwise prohibited by law or applicable regulation, you are responsible for all transfers and/or transactions made by you or any other person with your access device, irrespective of whether you voluntarily or involuntarily provided the access device to said person(s).  The Credit Union has the right, with or without cause, to refuse you the right to effect a transfer or transaction with the access device at any time and from time to time.  Your right to continue to use the access device may be revoked or cancelled at any time with or without cause.  Any termination or cancellation of your access device will not affect your liability or responsibility for payment of any charges assessed you under this Agreement.  If your access device is revoked, cancelled or it expires, upon request, you must return the access device to the Credit Union.  Any firm, institution and/or merchant honoring the access device has the right to retain or request surrender of any revoked, cancelled or expired access device.  You agree to give the Credit Union actual notice, at once, of any loss, theft or unauthorized use of your access device.


The Credit Union has the unlimited right to modify and/or change this Agreement at any time and from time to time, provided that advance notice of said modification and/or change is given to you at least 21 days in advance of the effective date of said modification and/or change.  The notice required by this paragraph is to be given to you and other notices required by this Agreement to be given to you shall be deemed properly given and received by you when the Credit Union deposits said notices in the United States Mail, postage prepaid, and addressed to you at the address last used by the Credit Union to communicate with you (such as your monthly statement that you will receive regarding any electronic fund transfers made by you) which was not returned to the Credit Union by the United States Postal Department as being undeliverable.  You shall be bound by any such modification and/or change as of the effective date thereof.


Unless restricted by law or applicable regulation, you hereby waive any and all rights and/or claims against the Credit Union that you now have or may have in the future, whether known or unknown, regarding any negligent act or event relating to this Agreement and/or your use or attempted use of any access device issued pursuant hereto, which was proximately caused by the Credit Union or its agents, either by nonfeasance, malfeasance or misfeasance, including but not limited to improperly or inadvertently identifying you and/or your account by name and/or account number or otherwise, on any “Cancellation Bulletin,” “Fraud Sheet” or other written or electronic publication, by publishing same orally as being delinquent, in arrears, in default, being used without your permission or without the Credit Union’s permission, or that the access device is stolen, lost, revoked, expired, cancelled or terminated.


The Credit Union may exercise from time to time any and all rights and remedies available to it under this Agreement and any applicable law.  The Credit Union shall not be deemed to waive any of its rights hereunder unless such waiver be in writing and signed by the Credit Union, and no delay or omission by the Credit Union in exercising any of its rights shall operate as a waiver of such rights and a waiver in writing on one occasion shall not be construed as a consent to or a waiver of any right or remedy on any future occasion.


Time is of the essence of this Agreement and in case an indebtedness incurred hereunder is collected through an attorney at law, or under advice therefrom, you agree to pay all costs of collection, including reasonable attorney’s fees.  The invalidity of any term or condition of this Agreement shall not affect the validity of any other term or condition.  Except to the extent that federal law is applicable, this Agreement and all transactions conducted by you relating to the use of your access device or any other electronic fund transfers and/or transactions you make and/or conduct with the Credit Union shall be governed and interpreted by Georgia law.

 

 

Additional Information About Use of Your CDC Federal Credit Union

ATM Card or Visa Check Card at Point-of-Sale Terminals

 
Each time your ATM card or Visa Check Card is properly used at a Point-of-Sale (POS) terminal, you authorize us to debit your account for the total amount indicated on any debit-originated transaction you authorized by use of your ATM card or Visa Check Card.  We will handle such debit transactions in the same manner as if they had been authorized by checks drawn on your account.  You can get a receipt at the time you make any transfer or withdrawal to or from your account using an ATM card or purchase using your Visa Check Card.


A transfer via ACH when you have provided a check to enable the merchant or other payee to capture the routing, account and serial numbers to initiate the transfer, whether the check is blank, partially completed, or fully completed and signed; whether the check is presented at a POS or is mailed to a merchant, or other payee or lockbox and later converted to an EFT; or whether the check is retained by you, the merchant or other payee, or the payee’s financial institution, said transfers shall be honored by us and administered as EFT transactions in accordance with these disclosures and EFT regulations.


No cash refunds will be made on purchases made by use of your ATM card or Visa Check Card.


We will not be responsible for any claim you may have against any business establishment refusing to honor your ATM card or Visa Check Card.  Your Visa Check Card should be accepted at any POS terminals or merchants displaying the Visa logo.  Please notify us of any merchant location that does not follow this practice.


You may not stop payment with respect to any transaction originated by use of your ATM card or Visa Check Card. 

            
You agree not to use your ATM Card, ELOC Visa Card or Visa Check Card for the purpose of engaging in any illegal, internet gambling.

 

 

CDC FEDERAL CREDIT UNION’S DISCLOSURE OF TERMS AND CONDITIONS

REGARDING ELECTRONIC FUND TRANSFERS

 

 
Tell us AT ONCE if you believe your card has been lost or stolen.  Telephoning is the best way of keeping possible losses down. If your statement shows transfers that you did not make, tell us at once. If you believe your card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call 404-325‑3270 and press 3 (outside Atlanta:  1-800-245-9655) or write us at P. O. Box 49169, Atlanta, Georgia 30359‑1169.


Our business days are Monday through Friday.  Holidays are not included.  You may use your card to:  (a) withdraw cash from your savings (prime share or custom share accounts), checking, or money market share account(s);  (b) make deposits to your savings, checking, or money market share account(s);  (c) transfer funds among your savings, checking, or money market share accounts whenever you request;  (d) transfer funds between your checking accounts;  (e) transfer funds between your savings accounts;  (f) transfer funds between your money market share accounts;  (g) obtain a cash advance (withdrawal) from your credit card/line of credit account;  and (h)  transfer funds from your checking, savings, or money market share account(s) to make a payment on any installment loan  or mortgage loan with the Credit Union; (i)  conduct a balance inquiry on your checking, savings, or money market share account(s). Some of these services may not be available at all terminals.


With a touch-tone telephone, you may use your Personal Identification Number (PIN) and your account number to:  (a) transfer funds, in whole dollar amounts, among your checking, savings, or money market share accounts whenever you request;  (b) transfer funds, in whole dollar amounts, between your checking accounts;  (c) transfer funds, in whole dollar amounts, between your savings accounts;  (d) transfer funds, in whole dollar amounts, between your money market share accounts;  (e) transfer funds, in whole dollar amounts, from your checking, savings, or money market share account(s) to make a payment on any installment loan or mortgage loan with the Credit Union;  (f)  make a withdrawal, in whole dollar amounts, from your checking, savings, or money market share account(s).  If you do so, a check will be mailed to you at your address of record.  If the account is owned by more than one person, the check will be made payable to all owners of the account.  You may also conduct a balance inquiry on your checking account, savings account, or money market share account(s).

Through the Credit Union’s Internet Banking Service (“IBS”) and use of your PIN and account number, you may also conduct a balance inquiry on your checking account, savings account, or money market share account(s):  (a) transfer funds, in any amount, among your checking, savings, or money market share accounts whenever you request;  (b) transfer funds, in any amount, between your checking accounts;  (c) transfer funds, in any amount, between your savings accounts;  (d) transfer funds, in any amount, between your money market share accounts;  (e)    transfer funds, in any amount, from your checking, savings, or money market share account(s) to make a payment on any installment loan or mortgage loan with the Credit Union; (f) make a withdrawal, in any amount, from your checking, savings, or money market share account(s).  If you do so, a check will be mailed to you at your address of record.  If the account is owned by more than one person, the check will be made payable to all owners of the account. You may also conduct a balance inquiry on your checking account, savings account, or money market share account(s).


If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 404-325-3270 and press 3 to find out whether or not the deposit has been made.


You will get a monthly account statement, unless there are no transfers in a particular month.  In any case, you will get the statement at least quarterly.  If you have told us in advance to make regular payments out of your accounts:  (a) You can stop any of these payments by calling us at 404-325-3270 and pressing 3, or writing us at P.O. Box 49169, Atlanta, GA  30359-1169 or via the Bill Payment Service (“BPS”), in time for us to receive your request 3 business days or more before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call.  We will charge you $30.00 for each stop payment order you give; (b) If these regular payments may vary in amount, we will tell you, 10 days before each payment, when it will be made and how much it will be.  You may choose instead to get this notice only when the payment will differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set; (c) If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.


If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable, for instance:  (a) if, through no fault of ours, you do not have enough money in your account to make the transfer; (b) if the ATM where you are making the transfer does not have enough cash; (c) if the terminal was not working properly and you knew about the breakdown when you started the transfer; (d) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken; or (e) there may be other exceptions stated in our agreement with you.


If you have not conducted any monetary transaction – deposit, withdrawal, or transfer – for any consecutive 36-month period, then your account(s) shall be deemed dormant and each individual dormant account you have with CDC Federal Credit Union, except certificate accounts and loans, will become subject to a $5 per month dormant account fee until such time as the account(s) is reactivated or closed.  Dividend postings and assessment of service charges are by definition not member-initiated transactions and, therefore, will not serve to alleviate a dormant account classification.

 

 

CDC FEDERAL CREDIT UNION

AGREEMENT AND DISCLOSURES REGARDING WIRE TRANSFERS &

AUTOMATED CLEARING HOUSE (ACH) TRANSACTIONS

                                                           
CDC FEDERAL CREDIT UNION (“Credit Union”) may accept requests and instructions from you in effectuating the transfer of funds to or from your accounts with the Credit Union.  Wire transfer requests should be directed to the Credit Union at its main office located at 2301 Parklake Drive, Atlanta, Georgia 30345; phone – (404) 325-3270 and press 3.  This agreement shall be governed by and interpreted in accordance with, except to the extent preempted by Federal law, the laws of the State of Georgia.  If you send or receive a wire transfer, Fedwire may be used.  Regulation J is the law covering all Fedwire transactions.  Wire transfers are subject to service charges in accordance with the service charge schedule adopted by the Credit Union from time to time and as periodically published in its “Service Charges” schedule.  If the Credit Union is the beneficiary’s bank and you are the beneficiary, then the Credit Union may collect any applicable service charges due from the amount of the incoming transfer or by charging the account to which the funds are deposited.


In accepting wire transfer instructions from you, the Credit Union may carry out said instructions, relying upon the information supplied by you.  You will also be responsible for any losses or expenses if you did not provide us with the correct wire transfer instructions, including the correct destination bank’s routing and transit (R&T) number, the correct name and account number for the recipient of the wire transfer and any other information needed for the successful transmission of the wire transfer.  Wire transfers sent or received by you may be sent by Fedwire.


The Credit Union will utilize a security procedure to assure, to the extent practical, that wire transfer instructions from you (or your authorized representative) are genuine.  In that regard, the Credit Union will either require, at the time of the

request, (i) a Personal Identification Number (PIN) from you; (ii) a call-back procedure where the Credit Union calls you back to verify that you are calling from a particular location; (iii) if you are physically present, that you produce personal identification, such as a driver’s license containing your picture; and (iv) if you are physically present or have made your request in writing, a comparison of your signature to your signature on file with the Credit Union.  You hereby agree that if the Credit Union utilizes one or more of the above-described security procedures that such security procedure is reasonable and, if such security check proves positive, irrespective of whether said person making the request is in fact you or your authorized representative, the Credit Union may effectuate the request.


If you give the Credit Union a payment order which identifies the beneficiary (recipient of the funds) by both name and identifying or account number, payment may be made by the beneficiary’s bank on the basis of the identifying or bank account number, even if the number identifies a person different than the named beneficiary.  If you give the Credit Union a payment order which identifies an intermediary or beneficiary’s bank by both name and an identifying number, a receiving bank may rely on the number as the proper identification, even if it identifies a different person than the named bank.


The Credit Union will not have or assume any liability for the insolvency, neglect, misconduct, mistake or default of another bank or person.  The Credit Union will telephone you, whenever requested, to acknowledge the receipt of incoming funds; however, the Credit Union will not be responsible for any losses or expenses which you may incur as a result of its inability to communicate with you for any reason.


The rate of interest which the Credit Union may be obligated to pay you by virtue of the operation of applicable laws and regulations shall be:  (i) the dividend rate paid on the account from which the funds transfer should have occurred or to which the proceeds of the funds transfer were deposited, whichever is less, or (ii) the rate established by any applicable funds-transfer system.


The Credit Union is under no duty to accept wire transfers for a beneficiary who is not a member of the Credit Union.  Also, the Credit Union is under no duty to accept a wire transfer request from you.  Should the Credit Union reject your request for a wire transfer, said rejection will be communicated to you by mail addressed to the address shown on your Member Information File or central account file with the Credit Union. The Credit Union is required by law to block any wire transfer or ACH transaction which either is in violation of the Unlawful Internet Gambling Enforcement Act, or which the Credit Union reasonably believes to be in violation of the act. For transactions which are processed, either incoming or outgoing, you will receive confirmation of the transaction(s) in writing in the form of the periodic statements which will be sent to you.  You agree that the Credit Union is not required to notify you at the time the funds are sent or received, and you understand and agree that individual receipts or confirmations for the transactions will not be mailed to you.  You may also call to verify the receipt of funds and/or to obtain your balance by calling 404-325-3270 and pressing 3.


You may request, and the Credit Union may receive, wire transfer requests during normal business hours on the days the Credit Union is open for business.  These hours and days of availability are published on the Credit Union’s website, or you may call us at 404-325-3270 and press 3.  For wire transfer transactions made at your request/on your behalf, we will charge your account $20.00 for each domestic outgoing wire transfer; $50.00 for each international wire transfer, and $15.00 for each incoming wire transfer, whether domestic or foreign.  Wire transfer requests (payment orders, cancellations or amendments) received after 1:00 p.m. Eastern time will be considered received as of the next business day.

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


If you believe there is an error or that the Credit Union failed to properly credit your account for either a Fedwire or ACH transaction, you may question or dispute the transaction by calling and/or writing us at the phone numbers and address printed below under the caption “In Case of Errors or Questions About Your Electronic Transfers.”  We will follow the procedures and time frames indicated therein in responding to your inquiry.     

 

 

BILL PAYMENT SERVICE AGREEMENT AND DISCLOSURES

For CDC FEDERAL CREDIT UNION

 
This Bill Payment Service (“BPS”) agreement for paying your bills electronically through the Credit Union’s Internet Banking System (“IBS”) explains the terms and conditions as they relate to this feature of our IBS.


The BPS is available only to consumer members of the Credit Union, not member businesses or commercial accounts. 
In this Agreement, the words “you” and “your” mean the BPS member user.  The terms “we”, “us” and “our” mean CDC Federal Credit Union (“Credit Union”).


We ask you to familiarize yourself with the information contained in the user guide and any updates are considered a part of this Agreement. A. WHAT THIS AGREEMENT COVERS:  This Agreement between you and the Credit Union governs the use of BPS that permits Credit Union members to pay their bills through the use of personal computers.  Access is provided through the World Wide Web and our IBS.  Accounts and services provided by the Credit Union will be governed by the applicable account disclosure statements issued by the Credit Union and which are incorporated herein by reference.  Ask us to receive any of the applicable disclosures (e.g., Electronic Funds Transfer, et al/Truth-in-Savings), which you may not have retained. B. REQUIREMENTS:  To access your account(s) through the Credit Union’s BPS, you must be a member of CDC Federal Credit Union.  You must also have access to the World Wide Web and have an online password to access this service.  You agree not to divulge your password to anyone else. C. ACCEPTING THIS AGREEMENT:  You understand, acknowledge and agree that by using the Credit Union’s BPS, you have agreed to the terms and conditions of this Agreement. You agree to use BPS solely as provided for in this Agreement.  Your failure to use BPS as set forth herein may result in termination of this Agreement and your access to BPS. You agree not to use the BPS for any illegal, internet gambling purpose. D. MAINTAINING YOUR
ACCOUNTS:  You agree to comply with the rules governing your accounts and to pay any fees associated with the use or maintenance of these accounts.  Ask us to receive a copy of any applicable account agreement(s) and/or service charges schedule. You further agree and understand that the only account(s) which may be made available to you for use with the BPS will be from your eligible accounts at the Credit Union on which you are either the member/owner or joint owner, according to the signature card(s) on file with the Credit Union.  You further agree and understand that, if subsequent to the commencement of the use of these services, you should cease to be a joint owner on any applicable account, then access to said account will no longer be provided via either the IBS or the BPS.  Should you cease to be a member of the Credit Union, then the services of IBS and BPS will be canceled. E. SERVICES:  Through this service, you may pay bills (only from checking account). F. BILL PAYMENTS: When you instruct the Credit Union to pay a bill through BPS, you authorize the Credit Union to withdraw the necessary funds from the Credit Union checking account you designate.  Share and/or savings accounts may not be utilized for BPS.  You agree that you will instruct the Credit Union to make a withdrawal only when a sufficient balance is available in your designated account at the time of withdrawal. The Credit Union does not process bill payments; the Credit Union utilizes a third party service provider who processes the requests and makes the payments.  Once bill payment requests are received by the Credit Union, we will electronically transmit these to the provider, CheckFree, once each day, generally at 4:00 p.m.  The electronic payments will generally be completed within four (4) business days (Mondays through Fridays, exclusive of credit union holidays); payments to payees not able to electronically receive payments will generally be completed within 5-8 days.  For each payment you schedule, the system will tell you whether the payee will be paid electronically or by non-electronic means.  Process:  the money is taken out of your account ON THE DATE YOU SPECIFIED in your instructions.  If you specify a payment date which falls on a Saturday, Sunday or a Credit Union holiday, the money will be taken out of your account and the bill payment request transmitted to the provider the next business day.

You may call the Credit Union at the number listed in Section L of this Agreement to confirm that a bill payment was sent in accordance with your instructions.  All bill payments are referenced on your periodic statement by payee name.  The Credit Union is not responsible for postal delays or processing delays by the payee or any data entry errors made by you. You may make individual bill payments of less than $99,999.99 on each BPS transaction; payments must be for at least $1.00. If there are insufficient funds available in your properly designated checking account on the day a bill payment is scheduled to be made, the Credit Union will not make the payment.  Funds must be in the designated account in order for the bill payment to be made. NOTE:  Any bill payments made will require sufficient time for your payee to credit your account properly.  To avoid incurring a finance charge or other charge, you MUST schedule a payment sufficiently in advance of the due date of your payment.  When you schedule payments, you have to consider that electronic bill payments (payee can receive electronic payments) will take up to 72 hours, while bill payments which require a manual check to be written will take between 5-8 days. G. WHAT BPS WILL COST:  There is no fee for access/use of the IBS which is required to access BPS.  The fee for the BPS is $4.50 per month.  Service charges will be automatically posted monthly to the checking account.  This fee may be waived during special promotional offers. The Credit Union reserves the right to change its service charges at any time. 

You are responsible for charges incurred from an Internet service provider.   H. CHANGES IN TERMS/FEES:  The Credit Union may change the BPS services and the terms, including fees, set forth in this Agreement at any time and from time to time.  Service charges subsequent to the commencement of and applicable to the services addressed herein will be as periodically determined and announced by the Board of Directors and published in the Credit Union’s Truth-in-Savings Disclosures and/or Service Charges Schedule. You will be notified of any such change as required by applicable law, either by mail or by an electronic message (e-mail).  The notice will be posted or sent at least 21 days in advance of the effective date of any fees for online transactions, or of any stricter limits on the type, amount or frequency of transactions or any increase in your responsibility for unauthorized transactions, unless an immediate change is necessary to maintain the security of the system.  If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within 30 days after the change.  As always, you may choose to accept or decline changes by continuing or discontinuing the accounts or services to which these changes apply.  You understand that by using BPS after a change becomes effective, you will have agreed to all respective changes, including any applicable service charges. I. CANCELLATION:  This Agreement will remain in effect until it is terminated by you or the Credit Union. You understand that you may cancel this Agreement at any time by notifying the Credit Union electronically or by mail at the address provided in Section L.  This will not terminate your account(s) or membership with the Credit Union. The Credit Union may cancel this Agreement and terminate your use of BPS for any reason at any time.  We will try to notify you in advance, but we are not obliged to do so. J. THE CREDIT UNION’s RESPONSIBILITY TO YOU:  We will be responsible for your actual losses if they were directly caused by our failure to:  (a) complete an Electronic Funds Transfer as properly requested; or (b) cancel an Electronic Funds Transfer as properly requested. 

If we do not complete a bill payment from your Credit Union 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:  (a) if, through no fault of ours, you do not have sufficient available funds in your account to make a bill payment;  (b) if a legal order directs us to prohibit
withdrawals from the account;  (c) if your account is closed or if it has been frozen;  (d) if you, or anyone you allow, commits any fraud or violates any law or regulation;  (e) if any electronic terminal, telecommunications device or any part of the electronic funds transfer system is not working properly;  (f) if you have not provided us with complete and correct payment information including, without limitation, the name, address, account number and payment amount for the payee on a bill payment;  (g) if you have not properly followed the instructions for using the Credit Union BPS;  (h) if circumstances beyond our control or an Act of God (such as fire, flood or improper transmission or handling of payments by a third party) prevent the bill payment, despite reasonable precautions taken by us; or  (i) if you have made a data input error.  K. LIMIT OF THE CREDIT UNION’s RESPONSIBILITY:  The Credit Union agrees to make all reasonable efforts to ensure full performance of BPS.  The Credit Union will be responsible for acting only on those instructions sent through BPS, which are actually received and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of messages you send.  The Credit Union is not responsible for any losses or delays in transmission of instructions arising out of the use of any IBS or BPS service provider or caused by any browser software.  The Credit Union is not responsible should you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely payment. Any information you receive from the Credit Union is believed to be reliable.  However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. The Credit Union is not responsible for any computer virus or related problems, which may be attributable to services provided by any IBS or BPS service provider. L. CALL CENTER:  If you need assistance with BPS, or if you need to communicate with the Credit Union, telephone the IBS Call Center at 404-325-3270 or 1-800-245-9655 and press 3, or fax us at 678-553-5528.  We may also be reached via the Internet at www.cdcfcu.com or you may write to us at:

 

CDC Federal Credit Union, Internet Banking System

P.O. Box 49169

Atlanta, GA  30359-1169

 

Call Center representatives can help resolve BPS problems, but they are not authorized to waive any provision of this Agreement. N. PROTECTING YOUR ACCOUNT:  Be sure to keep your password to IBS to yourself; this is an important means of protection for you.  For your protection, we recommend that you change your IBS password regularly.  We recommend that you memorize your password and not write it down.  You are responsible for keeping your password, account numbers and other account data confidential.  Don’t write it on your personal computer or any computer materials.  Contact us immediately if you think your IBS/BPS software has been or may be improperly accessed, or if you believe that an unauthorized person has obtained access to your password. The telephone is the fastest way to alert us that someone may be using your software or accessing your accounts without your permission.  You could lose all the money in your account(s).  Call the Credit Union immediately at the number provided in Section L of this Agreement if you detect a problem. Protecting Personal Information:  In addition to protecting your account information, you should also take precautions to protect your personal identification information, such as your driver’s license, Social Security Number, etc.  This information by itself or together with information on your account(s) may allow unauthorized access to your account(s).  It is your responsibility to protect personal information with the same level of care that you protect your account information. Notwithstanding anything herein to the contrary, if any of the terms and conditions hereof are not permitted by applicable law, rule and/or regulation, then to such extent this Agreement shall be deemed to be modified and such non-conforming provisions shall be deemed to be stricken and replaced with the corresponding provisions of said law, rule and/or regulation.

PRIVACY DISCLOSURES

 

Protecting your privacy, along with your financial assets, is at the core of our business relationship with you.  We recognize our obligation to you to keep the information you provide to us confidential and secure.  Our commitment to you will continue under the principles and guidelines described below.  In the course of doing business, we collect and use various types of information, such as information you provide to us, public records, etc. We use this information to assess your requests for our services, to service your accounts, to offer you other services that you may be qualified to receive and to conduct market research. Keeping your account accurate and up to date is very important.  If you ever find that your account information is incomplete, inaccurate or not current, please call or write to us at the telephone number or address listed on your account statement.  We will correct any erroneous information that we maintain or report as quickly as possible.  If you believe that information on any credit report issued by a consumer credit reporting agency is not accurate, you should contact the agency that issued the report.  We limit who receives information and what type of information is shared.  We share information with the goal of bringing you greater convenience and more choices.  To assist us in offering you service, we occasionally share information with companies that work for us, such as check-printing companies. These companies act on your and our behalf and are obligated to keep the information provided them confidential. CDC Federal Credit Union (“Credit Union”), as a matter of policy, conforms to the federal regulations of the National Credit Union Administration, 12 CFR, Parts 716, covering Privacy of Consumer Financial Information. The Credit Union collects nonpublic personal information about you from the following sources: (i) information we receive from you on applications and other forms; (ii) information about your transactions with us, our affiliates, or others; and (iii) information we receive from a consumer reporting agency. We may disclose all of the above information we collect. We do not disclose any nonpublic personal information about you to anyone, except as permitted by law. We may disclose nonpublic personal information about you to the following types of third parties: (a) financial service providers, such as our affiliate mortgage company, Briarwood Financial Services, LLC, securities broker-dealers and insurance agents (e.g., LHW, Inc.); (b) non-financial companies, such as retailers (e.g., Car Connection); and others.  We may also disclose nonpublic personal information about you to nonaffiliated third parties as permitted by law. If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out by calling 404.325.3270 in Atlanta or 1.800.245.9655 outside Atlanta. Press 3 for Member Services.  We restrict access of nonpublic personal information about you to those employees who need to know that information to provide products or services to you.  We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. You are invited to visit us via the Internet at www.cdcfcu.com. Whether you are a member or just visiting us, we will safeguard the information you are asked to provide to gain access.  When you apply for services, enroll in our Internet Banking Service (IBS) and/or optional Bill Payment Service (BPS), you must provide personal information that is necessary for us to process your request.  To assure this information remains confidential, it is sent to us in a “secure session.”  We may keep this information or share it with outside companies with which we work so that we can offer you accounts and services in which you may have an interest.  Please use caution when using consolidation sites – those with the ability to collect all your personal information on one site.  Never provide your personal information, password, etc. to a site that you do not recognize and trust.  All transactions initiated by such sites using access information you provided are considered authorized by you, whether or not you were aware of a specific transaction.  You may revoke this authority only by notifying us, and we may have to block your account and issue new access codes. We are committed to making sure your IBS/BPS is safe and secure. With our own security infrastructure in place, we are confident that access to your accounts is private and secure; however, we are unable to provide assurances for any other web sites.  Therefore, you should only provide your access code/password when your browser shows a secure connection directly to CDC Federal Credit Union or another site you have investigated and fully trust. We preserve the content of your e-mail to us, your e-mail address and our response.  Since our response back to you is not secure, we will not include confidential account information in our response.  The information you supply on any surveys and promotions on our web site will only be used for internal marketing purposes.  It may also be used to advise you of new accounts and services based on the information you provided to us.  There may be planning tools used throughout the site to help you make decisions as you move through the web site.  Try as many of the “What if’s” as you’d like.  We do not capture the personal information you provide on these planning tools.  Your personal financial information is maintained by us, our affiliates and business associates when you use IBS/BPS.  We use state-of-the-art Internet technology (Versign’s Digital ID) to make these services secure and to protect your personal information.  You can help by not sharing your account number and access code/password with anyone, by changing your password regularly and by regularly signing off.  Whenever we ask for personal information on our web site, the system encrypts your information so it’s virtually impossible for anyone else to read it.  We do not solicit personal information from minors via the Internet.


In Case of Errors or Questions About Your Electronic Transfers

Telephone us at 404-325‑3270 and press 3 (outside Atlanta:  1-800-245-9655) or write us at P. O. Box 49169, Atlanta, Georgia 30359‑1169 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt.  We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.

(1)       Tell us your name and account number.

(2)       Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

(3)       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 10 business days. Except for new accounts, POS and foreign EFTs, we will determine whether an error has occurred within 10 business days after we hear from you.  We will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For new accounts (accounts to which EFTs are made during the first 30 calendar days after the first deposit to the account is made), we will determine whether an error has occurred within 20 business days after we hear from you and we will correct any error promptly.  If we need more time, however, we may take up to 90 days to investigate your complaint or question.  If we decide to do this, we will credit your new account within 20 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For POS and foreign EFTs, we will determine whether an error has occurred within 10 business days after we hear from you, and we will correct any error promptly. If we need more time, however, we may take up to 90 days to investigate your complaint or question.  If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you the results within three business days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.  You may ask for copies of the documents that we used in our investigation.


There are no limitations on frequency of transfers or withdrawals, as above described, as a result of your accessing the above-stated accounts via your card, touch-tone telephone or IBS; however, you are limited to no more than six (6) third-party payment transfers from your savings account in a given calendar month.  For any countable transactions which are processed in excess of these limits, you will be subject to an excessive transaction fee of $10.00 for each such transaction.  For money market share accounts, you are limited to no more than six (6) third-party payment transfers from the account in a given calendar month, no more than three (3) of which may be made by money market share account drafts.  For any transactions which are processed in excess of these limits, you will be charged an excessive transaction fee of $10.00 for each such transaction.  

When you withdraw cash from the ATM, any additional fee(s) assessed by any national, regional, or local network used to complete the transaction will also be charged against the account from which the funds were withdrawn. Any additional transaction fees or balance inquiry fees which may be applicable at terminals not owned by us will have a notice of the fees posted at the terminals where applicable; any additional fees will also be charged against the account from which the funds were withdrawn.  Any additional fees assessed by any national, regional or local network used to complete the transaction will also be charged against the account from which the funds were withdrawn. 


Fees for ATM usage: (a) For ATM cash withdrawals - (i) at our machines: no charge; (ii) at other ATMs: no charge for up to 5 per calendar month; $1.00 for all other ATM cash withdrawals; (b) For transfers and balance inquiries – (i) at our machines: no charge; (ii) at other ATMs, as disclosed at the other ATMs.  You may be charged a fee for a balance inquiry by others even if you do not complete a funds transfer or cash withdrawal.


You will get a receipt at the time you make any transfer to or from your account using one of our ATMs.
If you conduct a transaction at an ATM, POS terminal or merchant outside of the United States in a currency other than U.S. Dollars, the local currency will be converted into a U.S. Dollar amount.  The Credit Union will use a currency conversion procedure that sets a rate selected from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate the provider itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the issuer.


When your withdrawal is in the form of traveler’s checks or cash from a terminal operated by a travelers check company, the account from which the withdrawal is made will be assessed a 1% transaction fee on the dollar amount withdrawn.


If your access device is a Classic Visa credit card issued in conjunction with your Equity Line of Credit account with us, or a Visa Check Card used to access your checking account, use of this card is also subject to the rules of Visa, U.S.A. and the Unlawful Internet Gambling Enforcement Act, which prohibits use of the account for illegal, internet gambling.


You may withdraw up to $400 from our terminals each day.
If you have a CDC Federal Credit Union Overdraft Protection Service Agreement (“Overdraft Agreement”) in force, and you experience an overdraft, as defined in the Overdraft Agreement, you will be charged:  (a)  $5.00 for each overdraft satisfied by a transfer from your Prime Share Savings account; and (b) $5.00 for each transfer from your equity line of credit account effected to satisfy an overdraft.

If you do not have an Overdraft Agreement in force, you will be charged $30.00 for each transaction which is processed against, in whole or in part, funds which, as determined by CDC Federal Credit Union, are unavailable, uncollected or insufficient ($18.00 for Student Checking).


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