This disclosure governs any Electronic Funds Transfers or Electronic Services made by you, or anyone authorized by you, through your account(s) at Chesterfield Federal Credit Union. The services we offer are indicated below, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for these services. You should keep this notice for future reference.
In this disclosure "you”, "your” and "yours” refer to each person listed on your account or to anyone you authorized to access the account. "We”, "us”, and "ours” refer to Chesterfield Federal Credit Union. "Account(s)” shall refer to your share draft/checking, share account or any other account that may be accessed through the use of your card, telephone banking, home banking, mobile banking, electronic checks or any other electronic services described in this agreement. "Card” refers to either your ATM card(s) and/or your Visa Debit Card issued by Chesterfield Federal Credit Union. PIN refers to your identification code for your ATM card(s) and/or your Visa Debit card issued by Chesterfield Federal Credit Union or your password used to access any electronic services. CFCU On-The-Go refers to our convenience services, including, but not limited to Net24 Home Banking, Dial24 Telephone Banking and Mobile24 Mobile Banking.
Electronic devices allow you to complete routine transactions with Chesterfield Federal Credit Union such as withdrawals, transfers, loan advances and payments, and balance inquiries. Also included in this category are Dial24 Telephone Banking and Net24 Home Banking (including Mobile24 Mobile Banking, Account Alerts, Online Bill Pay and mPower Financial Management). The transactions are initiated by you electronically by using one of the electronic devices. If approved, you may use any one or more of the electronic services offered by the Credit Union.
If we approve Dial24 for your accounts, a separate Personal Identification Number (PIN) will be assigned to you. You must use your PIN along with your account number to access your accounts. At the present time, Dial24 Telephone Banking uses include, but are not limited to:
Your accounts can be accessed under Dial24 via a touch-tone telephone only. Dial24 service will be available for your convenience twenty-four (24) hours per day. This service may be interrupted for a short time each day for data processing.
The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below the required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. The Credit Union may set other limits on the amount of any transaction, and you will be notified of those limits. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each telephone call. The credit union allows you to choose your own PIN to be used with telephone access. You agree that you will be the only one to use the PIN. You will not divulge, give, or make it available to any other person, either directly or indirectly at any time. You agree to not keep the PIN in any place where it will be found with your member account number. You agree that any loss, theft, or unauthorized use of the PIN will be promptly reported to the credit union.
A separate enrollment form is required to access Net24 Home Banking. If we approve the Net24 Home Banking service for your accounts, you will be prompted to create a password. You must use your password along with a username you select to access your accounts. Net 24 will grant access to all accounts that share you social security number (SSN), tax identification number (TIN), and employee identification number (EIN). At the present time, Net24 Home Banking uses include, but are not limited to:
Your accounts can be accessed with Net24 via a personal computer. Net24 will be available for your convenience twenty-four (24) hours per day. This service may be interrupted for a short time each day for data processing. We reserve the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below a required balance, or otherwise require us to increase our required reserve on the account. All checks are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access. You may withdraw/transfer up to the available balance in your account. The credit union allows you to choose your own password to be used with personal computers, and website account access. You agree that you will be the only one to use the password. You will not divulge, give, or make it available to any other person, either directly or indirectly at any time. You agree to not keep the password authorization code in any place where it will be found with your member account number. You agree that any loss, theft, or unauthorized use of the password will be promptly reported to the credit union.
The credit union treats each transaction made at any personal computer or other electronic device, with your password as having been made or authorized by you. If the account to which the electronic transaction relates to is a joint account, all those transaction are binding on all parties to the accounts.
Regulation D of the Federal Reserve restricts electronic withdrawals and transfers. No more than six such withdrawals or transfers from each savings account within a calendar month will be allowed. This limit applies to all Electronic Fund transfers done through electronic devices or otherwise. This restriction does not apply to share draft accounts.
You agree that you will not use electronic devices to withdraw amounts of money in excess of your balance(s). If you have a preauthorized line of credit or other overdraft resources, you agree to not withdraw amounts of money in excess of your then available preauthorized credit limits. In the event that you do withdraw in excess of the available limits, you hereby agree to authorize the credit union to debit any of your accounts to cover the overdrawn amounts. The credit union may debit any of the accounts held separately by any joint owners on the accounts.
See Section 3 for transfer limitations that may apply to these transactions.
Included with access to Net24 Home Banking are Mobile24 Mobile Banking, Account Alerts, Online Bill Pay and mPower Financial Management.
By signing up for Net24 Home Banking you acknowledge that the credit union may use the e-mail address or mobile phone number you have provided to send you e-mails and text messages. You are automatically qualified to receive various e-mails, but must sign up for others. You can register to receive notifications by text message. The different types of alerts are noted on the "Messages & Alerts” tab of Net24 Home Banking.
You also acknowledge that e-mails and text messages sent to you may include information about your account including, but not limited to, your name, address, account number, check numbers, passwords, account reset information, and balance information.
You must first activate your Net24 Home Banking to use this feature.
With our fully interactive online service, you may monitor any of your financial account relationships from any of your accounts at Chesterfield Federal Credit Union or from any other account held by you at another financial institution, referred to in this agreement as "Accounts”, assuming, of course, that the financial institution has the ability to and permits you to release your financial information to mPower and Chesterfield Federal Credit Union.
"mPower” and/or "Service” means the Account management service that Chesterfield Federal Credit makes available through our relationship with DebtFolio, Inc., a Delaware Corporation, doing business as Geezeo.com. The Service includes analyzing your personal finances through the Account information you provide, and the impact of various strategies on them.
You understand and agree that, at all times your relationship with us and each Account provider is independent of us and your use of the Service. We will not be liable or responsible for any acts or omissions by the financial institution or other provider of any Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
You acknowledge and agree that when we are collecting information related to the service from any of your accounts, we are acting as your agent, and not as the agent or on behalf of any third party. You agree that we, our affiliates and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
You agree that we shall not be liable for any costs, fees, losses, or damages of any kind incurred as a result of (1) our access to the accounts; (2) any inaccuracy, incompleteness or misinformation contained in the information retrieved from the accounts; (3) any charges imposed by any provider of accounts; (4) the actions or inaction of any other financial institution or other providers of the accounts.
Not all types of accounts are eligible for the Service. Be sure to check with your financial institution for restrictions regarding your retirement (401k, IRA, etc.), savings, trusts, loans, custodial, business, corporate and other account types. We are not responsible for any costs or losses incurred from the provider of your Account or those imposed by applicable law.
You authorize us to access your personal financial information for each account you request Chesterfield Federal Credit Union to include in the Service.
We will process bill payment transfer requests only to those creditors the credit union has designated and such creditors as you authorize and for whom the credit union has the proper information. We will not process any bill payment transfer if the required transaction information is incomplete.
We will withdraw the designated funds from the checking account you have designated for bill payment transfer by the designated cut-off time on the date you schedule for payment. We will process your bill payment in such a way that the creditor will have the funds on or slightly before the pay date you tell us. We will send the payment electronically for most bills. If it is not possible for electronic payment, the service will mail a check to the creditor. In this case, it could take up to 7 days for your creditor to receive it. You must allow sufficient time for the creditor to process the payment once it is received. We cannot guarantee the time that any payment will be credited to your account by the creditor.
Please refer to the separate disclosure available to you when enrolling in Online Bill Pay.
You must first activate your Net24 Home Banking to use this feature. You will use your Net24 Home Banking username and password combination to access Mobile24 Mobile Banking.
Mobile24 Mobile Banking is accessible with web-enabled mobile banking and through a mobile application. You must use your password along with your username to access your accounts. At the present time, Mobile24 Mobile Banking uses include, but are not limited to:
Please refer to the Mobile Deposit Terms & Conditions for more details
If approved, you may conduct any one or more of the EFT services offered by the Credit Union.
If approved, you may use your Card and Personal Identification Number (PIN) in automated teller machines (ATM) of the Credit Union, PLUS, STAR, The Exchange, VISA, CU24, MoneyPass, Allpoint Networks and such other machines or facilities as the Credit Union may designate. At the present time, you may use your Card to:
The following limitations on the frequency and amount of ATM transactions may apply:
Because of the servicing schedule and processing time required in ATM operations, there is a delay between the time a deposit (either cash or check) is made and when it will be available for withdrawal. You should review the Credit Union's Funds Availability Policy to determine the availability of funds deposited at ATMs.
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 electronic gambling transactions through the Internet. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. You agree that you will not use your Card for any transaction that is illegal under applicable federal, state, or local law. Funds to cover your Card purchases will be deducted from your share draft account. If the balance in your account is not sufficient to pay the transaction amount, the credit union will pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your Account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement. You may use your Card and PIN (Personal Identification Number) in automated teller machines of the Credit Union, Honor, STAR, PLUS, The Exchange, VISA, CU24, MoneyPass, Allpoint Networks and other machines or facilities as the Credit Union may designate. At the present time, you may also use your Card to:
The following limitations on the frequency and amount of VISA Debit Card transactions may apply:
Upon instruction of (i) your employer or (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or of federal recurring payments, such as Social Security, to your share or share draft account.
Upon instruction, we will pay certain recurring transactions from your share and share draft account. Preauthorized debits from savings accounts are limited to a total of six (6) transactions per month inclusive of telephone transfers and all other electronic transactions. See Section 3 for transfer limitations that may apply to these transactions.
If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how: Call us at 804-748-1417 or 877-748-CFCU, or write to us at Chesterfield Federal Credit Union, P.O. Box 820, Chesterfield, VA, 23832, in time for us to receive your request (3) three 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) fourteen days after you call. Or, you may use Net24 Home Banking or Dial24 Telephone Banking, if you are enrolled at the time of the request, to place your stop payment on checks. We will charge you the current service charge in effect for any stop payment order you give us in person or by mail. Any stop payments placed electronically are free of charge unless otherwise noted in the Truth In Savings disclosure.
If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set. Liability for Failure to Stop Payment of Preauthorized Transfers If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
You may authorize a merchant or other payee such as the electric company to make a one-time electronic payment from your checking/share draft account using the information from your check to: (1) Pay for purchases; or (2) Pay bills. Such payment also authorizes the merchant or other payee to electronically debit your account for returned payment fees. You are considered to have authorized such payments if you complete the transaction after being told orally or if there was a notice posted or was provided to you in any reasonably acceptable manner. When we use information from your check to make electronic fund transfers, funds may be withdrawn from your account as soon as the same day you make the payment.
For all share accounts, no more than six (6) preauthorized, automatic, or telephone transfers and withdrawals may be made from these accounts to another account of yours or to a third party in any month, and no more than three (3) of these six (6) may be made by check, draft, or access card to a third party. If you exceed these limitations, your account may be subject to a fee, drafts or ACH transactions may not be paid, and your account may be closed or payments rejected.
Any Card or other device which we supply to you is our property and must be returned to us, or to any person whom we authorize to act as our agent, or to any person who is authorized to honor the Card, immediately according to instructions. The Card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer your Card or account to another person.
Neither we nor merchants authorized to honor the Card will be responsible for the failure or refusal to honor the Card or any other device we supply to you. If a merchant agrees to give you a refund or adjustment, you agree to accept a credit to your account in lieu of a cash refund.
In the event that the use of the account involves foreign currency, your account will be billed/credited at the highest rate of conversion to U.S. dollars on the date the transaction is processed through our system. We are not liable to you for the fluctuation in the exchange rate occurring between the date of sale or payment and the date of conversion. Any charges paid by us to exchange processors will be applied to the transactions.
Foreign Transaction Fees: Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate used to convert foreign currency transactions to U.S. dollars is either a government-mandated exchange rate or a wholesale exchange rate and is selected by Visa. The rate Visa uses for a particular transaction is the rate Visa selects for the applicable currency on the date the transaction is processed. This rate may differ from the rate applicable on the date the transaction occurred or was posted to your account. A fee of up to 1% will be charged on all transactions completed outside of the United States where the cardholder’s country code differs from the merchant country code. A fee of up to 1% will be charged on all transactions completed in a foreign currency. All fees are calculated based on the transaction amount after it is converted to U.S. dollars. These fees are charged except where excluded.
You may use one or more PINs or passwords with your electronic funds transfers and electronic services. The PINs or passwords issued to you are for your security purposes. Any PINs or passwords issued to you are confidential and should not be disclosed to third parties or recorded on or with the Card. You are responsible for safekeeping your PINs or passwords. You agree not to disclose or otherwise make your PINs or passwords available to anyone not authorized to sign on your accounts. If you authorize anyone to use your PINs or passwords, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. You understand that any joint owner you authorize to use your PINs or passwords may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these PINs or passwords and the Credit Union suffers a loss, we may terminate your EFT services immediately.
If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all EFT transactions to or from any share and share draft or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may, and hereby is authorized by every other joint account owner to, make any transaction permitted under this Agreement. Each joint account owner is authorized to act for the other account owners, and the Credit Union may accept orders and instructions regarding any EFT transaction on any account from any joint account owner.
There are certain fees and charges for electronic funds transfer and electronic services. From time to time, the charges may be changed. We will notify you as required by applicable law. Please refer to the Fee Listing found in your Truth-in-Savings Disclosure for your Share or Share Draft account for the details.
If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer). The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you. You understand that financial institutions receiving your request for the release of information may rely on such request through the Service. We are not obligated to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that, if you provide us with incorrect information or if there is any error in your instruction, we will make all reasonable efforts to reverse or delete such Account but you acknowledge and agree Chesterfield Federal Credit Union shall have no liability for any and all losses resulting, directly or indirectly, from any of your errors, duplication, ambiguities or misinformation in the information that you provide.
You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, we reserve the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
Tell us at once if you believe your card has been lost or stolen or if you believe someone has used your Card or access code or otherwise accessed your accounts without your authority, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If a transaction was made with your Card or Card number without your permission, and was either a VISA or Interlink transaction, you will have no liability for the transaction, unless you were grossly negligent in the handling of your account or card. For all other EFT transactions, including ATM transactions or if you were grossly negligent in the handling of your account or card, your liability for an unauthorized transaction is determined as follows.
If you tell us within two (2) business days you can lose no more than $50 if someone used your account without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your account, and we can prove we could have stopped someone from using your account without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you or delivered electrically to Net24 Home Banking, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe someone has transferred or may transfer money from your account without your permission, call 804-748-1417 or 877-748-CFCU or write to Chesterfield Federal Credit Union at: P.O. Box 820, Chesterfield, VA 23832 Fax: 804-796-7813
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 866-820-5855.
Chesterfield Federal Credit Union is not responsible for any electronic virus or viruses that you may encounter. We encourage our members to routinely scan their PC using a reliable virus product to detect and remove any viruses. Undetected or un-repaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers.
Transactions made through Dial24 Telephone Banking, Net24 Home Banking or any ATM or POS terminal, Debit Card transactions or preauthorized EFT transactions 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.
You can get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM and/or point-of-sale (POS) terminal.
If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt(such as a pay stub), you can find out whether or not the deposit has been made by calling 804-748-1417 or 877-748-CFCU. This does not apply to transactions occurring outside the United States.
We reserve the right to obtain such additional information as we deem reasonably necessary to ensure that you, or financial institutions holding your accounts, are not using our Services in violation of law, including, but not limited to, laws and regulations designed to prevent money laundering.
Chesterfield Federal Credit Union reserves the right, in its sole discretion, to determine if you are eligible and approved for the Services. If you are approved for any Services, we shall verify the Accounts that you add to the Service. You authorize us to validate the Accounts.
Once the validation is complete, we may also verify Accounts by requiring you to submit proof of ownership of the Account.
You are permitted to use the Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer, or reverse compile the Service.
You authorize us to select any means we deem suitable to provide your instructions to the applicable financial institution. These choices include banking channels, electronic means, mail, courier, or telecommunications services, intermediary financial institutions and other organizations. You agree to be bound by the rules and regulations that govern the applicable systems, such as the Clearing House Interbank Payments System (CHIPS) or automated clearing house (ACH) as published by the National Automated Clearing House Association (NACHA).
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED AS-IS. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR AS REQUIRED BY LAW, WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA.
You agree to indemnify, defend and hold harmless Chesterfield Federal Credit Union, our affiliates, partners, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs including, but not limited to, attorneys fees arising directly or indirectly from: (a) your use of the Service; (b) our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, (c) your negligence or intentional conduct; (d) your violation or breach of the terms under this Agreement including, but not limited to, any breach which results in the unauthorized and/or non-permissible use of information obtained via the Service; and/or (e) your infringement, or infringement by any other user of your account(s) at our web site, of any intellectual property or other right of any person or entity.
We will disclose information to third parties about your account or the transfers you make:
Our business days are Monday through Friday, excluding holidays.
If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:
All notices from us will be effective when we have mailed them or delivered them to your last known address in the Credit Union's records. Notices from you will be effective when received by the Credit Union at the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty-one (21) days before the effective date of any change. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.
In case of errors or questions about electronic funds transfers or electronic services from your share and share draft accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than sixty (60) days after the statement is mailed or delivered electronically to Net24 Home Banking on which the problem first appears. Call us at 804-748-1417 or 877-748-CFCU or write to us at:
P.O. Box 820
Chesterfield, VA 23832
In your communication, it is necessary to:
If you tell us orally, we may require that you send us your complaint or in 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 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 decide to do this, we will credit your account within ten (10)* business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
If we decide 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 you give notice of an error within thirty (30) days after you make the first deposit to your account, we will have twenty (20) business days instead of ten (10) business days.
** If you give notice of an error within thirty (30) days after you make the first deposit to your account, notice of an error involving a point of sale transaction, or notice of an error involving a transaction initiated outside the U.S. its possessions and territories, we will have ninety (90) days instead of forty-five (45) days to investigate.
NOTE: If the error you assert is an unauthorized VISA transaction, other than a cash disbursement at an ATM, we will credit your account within five (5) business days unless we determine that the circumstances or your account history warrant a delay, in which case you will receive credit within ten (10) business days.
You may terminate this Agreement or any EFT or electronic service under this Agreement at any time by notifying us in writing and stopping your use of your Card and any PIN or password. You must return all Cards to the Credit Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time with or without any notification to you. If we terminate this Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our computer to not accept your Card, PIN or password for any EFT or electronic service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any EFTs made prior to termination.
This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the Commonwealth of Virginia and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
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 up to 33 1/3% of attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgement collection actions.
You acknowledge that this agreement for use of EFT Services is subject to change at any time by the credit union with the required notice to you. This notification may be given to you at your last known address of record, the email address you have provided if you have opted in for electronic notices, or in the E-statement if you have elected such service.
If any of the terms of this agreement are determined by a governmental authority to be ineffective, the rest of this agreement shall remain in force. A waiver of the credit union of any of these terms and conditions on any occasion does not constitute a waiver of the same or any other terms and conditions on any other occasion.