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Disclosures

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ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURE

This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the electronic fund transfers (EFT) services offered to you by NextMark Federal Credit Union (“NextMark Credit Union” or “Credit Union”). In this Agreement, the words “you,” “your,” and “yours” mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words “we,” “us,” and “our” mean the Credit Union. The word “account” means any one (1) or more share and share draft accounts you have with the Credit Union. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, signing your Card, or using any service, each of you, jointly and severally, agree to the terms and conditions in this Agreement and any amendments for the EFT services offered. Furthermore, electronic fund transfers that meet the definition of remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently, terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such services are requested and rendered in accordance with applicable law.

1. EFT SERVICES — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.

a. VISA Check Card. You must activate your Card before you will be permitted to complete any transactions. By activating your Card, you agree to the terms and conditions in this agreement and any amendments for the EFT services offered. You may use your VISA® Card to purchase goods and services from participating merchants. However, you may not use your Card to initiate any type of gambling transaction. 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. For ATM and one-time debit Card transactions, you must consent to the Credit Union’s overdraft protection plan in order for the transaction amount to be covered under the plan. Without your consent, the Credit Union may not authorize and pay an overdraft resulting from these types of transactions. Services and fees for overdrafts are shown in the document the Credit Union uses to capture the member’s opt-in choice for overdraft protection and the Schedule of Fees and Charges.

For other types of transactions, if the balance in your account is not sufficient to pay the transaction amount, the Credit Union may 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 personal identification number (PIN) in automated teller machines of the Credit Union, STAR, CU24, Cirrus®, and the Exchange networks, and such other machines or facilities as the Credit Union may designate.

At the present time, you may also use your Card to:

– Make deposits to your share and share draft accounts.

– Withdraw funds from your share and share draft accounts.

– Transfer funds from your share and share draft accounts.

– Obtain balance information for your share and share draft accounts.

– Make point-of-sale (POS) transactions with your Card and personal identification number (PIN) to purchase goods or services at merchants that accept VISA.

– Order goods or services by mail or telephone from places that accept VISA.

The following limitations on VISA Check Card transactions may apply:

– You may make 30 VISA Check Card purchases per day.

– Purchase amounts are limited to the amount in your account.

– You may purchase up to a maximum of $2,500.00 per day.

– You may make ten (10) cash withdrawals in any one (1) day from an ATM machine.

– You may withdraw up to a maximum of $505.00 in any one (1) day from an ATM machine, if there are sufficient funds in your account.

– For security purposes, there are other limits on the frequency and amount of transfers available at ATMs.

– You may transfer up to the available balance in your accounts at the time of the transfer.

– See Section 2 for transfer limitations that may apply to these transactions.

Card Information Updates and Authorizations. If you have authorized a merchant to bill charges to your Card on a recurring basis, it is your responsibility to notify the merchant in the event your Card is replaced, your Card information (such as Card number and expiration date) changes, or the account associated with your Card is closed. However, if your Card is replaced or Card information changes, you authorize us, without obligation on our part, to provide the updated Card information to the merchant in order to permit the merchant to bill recurring charges to the Card. You authorize us to apply such recurring charges to the Card until you notify us that you have revoked authorization for the charges to your Card.

Your Card is automatically enrolled in an information updating service. Through this service, your updated Card information (such as Card number and expiration date) may be shared with participating merchants to facilitate continued recurring charges. Updates are not guaranteed before your next payment to a merchant is due. You are responsible for making direct payment until recurring charges resume. To revoke your authorization allowing us to provide updated Card information to a merchant, please contact us.

b. Audio Teller (Audio Response). If we approve Audio Teller (Audio Response) for your accounts, a separate personal identification number (PIN) will be assigned to you. You must use your personal identification number (PIN) along with your account number to access your accounts. At the present time, you may use Audio Teller (Audio Response) to:

– Withdraw funds from your share, share draft, money market, and club accounts.

– Transfer funds among your share, share draft and money market, club, and loan accounts.
– Transfer funds from your share, share draft, money market, club, and loan accounts to another Credit Union members account.

– Obtain balance information for all your accounts.

– Determine if a particular item has cleared.

– Obtain tax information on amounts earned on share and share draft accounts or interest paid on loan accounts.

– Verify the last date and amount of your payroll deposit.

Your accounts can be accessed under Audio Teller (Audio Response) via a touch-tone telephone only. Audio Teller (Audio Response) service will be available for your convenience 24 hours per day. This service may be interrupted for a short time each day for data processing.

The following limitations on Audio Teller (Audio Response) transactions may apply:

– There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.

– No transfer or withdrawal may exceed the available funds in your account.

– See Section 2 for transfer limitations that may apply to these transactions.

The Credit Union reserves 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. 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.

c. Preauthorized EFTs.

– Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your share and/or share draft account.

– Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share and share draft account.

– See Section 2 for transfer limitations that may apply to these transactions.

– Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money you owe others, you may stop payment on preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within 14 days of any oral notification. If we do not receive the written request may apply to a single transfer, multiple transfers, or all future transfers as directed by you, and will remain in effect unless you withdraw your request or all transfers subject to the request have been returned.

– Notice of Varying Amounts. 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.

d. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or share draft, you may authorize your check or share draft to be converted to an electronic fund transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.

e. On Line Teller. If we approve the On Line Teller electronic/PC access service for your accounts, a separate temporary Password will be assigned to you. You must change your password through the On Line Teller Service once you receive it. To assure maximum security, the password should be a unique code that is never written down or shared with anyone. You must use your Password along with your account number or User ID to access your accounts. At the present time, you may use the On Line Teller access service to:

– Withdraw funds from your share, share draft, money market, and club accounts.

– Transfer funds among your share, share draft and money market, club, and loan accounts.

– Transfer funds from your share, share draft, money market, club, and loan accounts to another Credit Union members account.

– Obtain balance information for your share, share draft, and money market accounts.

– Make bill payments to preauthorized creditors.

– Obtain history information for all your accounts.

– Apply for a loan.

– View monthly statements, if signed up.

Your accounts can be accessed under the On Line Teller via personal computer. On Line Teller will be available for your convenience 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.

The following limitations on On Line Teller transactions may apply:

– There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.

– The maximum withdrawal or transfer amount is $2,500.00 per transaction, and no transfer or withdrawal may exceed the available funds in your account.

– See Section 2 for transfer limitations that may apply to these transactions.

f. Bill Pay. If you enroll in Bill Pay you acknowledge receipt of and agree to be bound by the Terms and Conditions of the bill payment service offered by Bill Pay through the Credit Union in addition to this Electronic Funds Transfer Agreement. We will process bill payment transfer requests only to those creditors the Credit Union has designated in the User Instructions and such creditors as you authorize and for whom the Credit Union has the proper vendor code number. We will not process any bill payment transfer if the required transaction information is incomplete.

We will withdraw the designated funds from your share draft account for bill payment transfer by the designated cutoff time on the date you schedule for payment. We will process your bill payment transfer within a designated number of days before the date you are scheduled for payment. You must allow sufficient time for vendors to process your payment after they receive a transfer from us. Please leave as much time as though you were sending your payment by mail. We cannot guarantee the time that any payment will be credited to your account by the vendor.

The following limitations on Bill Pay transactions may apply:

– There is no limit on the number of bill payments per day.

2. TRANSFER LIMITATIONS — For all share accounts, you may make no more than six (6) transfers and withdrawals from your account to another account of yours or to a third party in any month by means of a preauthorized, automatic, or limitations, your account may be subject to a fee or be closed.

3. CONDITIONS OF EFT SERVICES —

a. Ownership of Cards. 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.

b. Honoring the Card. 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.

c. Foreign Transactions.

VISA. Purchases and cash withdrawals made in foreign currencies will be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by VISA from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA itself receives or the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.

A fee of 1.00% of the amount of the transaction, calculated in U.S. dollars, will be imposed on all foreign transactions, including purchases, cash withdrawals and credits to your account. A foreign transaction is any transaction that you complete or a merchant completes on your Card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates.

d. Security of Access Code. You may use one (1) or more access codes with your electronic fund transfers. The access codes issued to you are for your security purposes. Any access codes 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 access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes, 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 an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your EFT services immediately.

e. Joint Accounts. If any of your accounts accessed under this Agreement are joint accounts, all joint owners, including any authorized users, shall be bound by this Agreement and, alone and together, shall be responsible for all 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.

4. FEES AND CHARGES — There are certain fees and charges for electronic fund transfers services. For a current listing of all applicable fees, see our current Fee Schedule that was provided to you at the time you applied for or requested these electronic services. From time to time, the charges may be changed. We will notify you as required by applicable law.

If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any international, 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.

5. MEMBER LIABILITY — You are responsible for all EFT transactions you authorize. If you permit someone else to use an EFT service, your Card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.

TELL US AT ONCE if you believe your Card or access code has been lost or stolen, 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 a VISA transaction, you will have no liability for the transaction, unless you were fraudulent or negligent in the handling of your account or Card.

For all other EFT transactions involving your Card or access code, including if you were 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 after you learn of the loss or theft of your Card or access code, you can lose no more than $50.00 if someone used your Card or access code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or access code and we can prove we could have stopped someone from using your Card or access code without your permission if you had told us, you could lose as much as $500.00.

Also, if your statement shows transfers that you did not make including those made by Card, access code or other means, TELL US AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 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 your Card or access code has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:

703-218-9900 or 800-323-2899 or write to:

NextMark Credit Union

P.O. Box 1300

Fairfax, VA 22038-1300

Fax: 703-591-9538

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

6. RIGHT TO RECEIVE DOCUMENTATION —

a. Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, Debit Card transactions, audio response transactions, preauthorized EFTs, electronic/PC transactions or bill payments you make 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.

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

c. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every 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 (703) 218-9900 or (800) 323-2899. This does not apply to transactions occurring outside the United States.

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

– As necessary to complete transfers;

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

– If your account is eligible for emergency cash and/or emergency Card replacement services and you request such

services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s);

– To comply with government agency or court orders; or

– If you give us your written permission.

8. BUSINESS DAYS — Our business days are Monday through Friday, excluding holidays.

9. CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS — 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:

– If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit.

– If you used your Card or access code in an incorrect manner.

– If the ATM where you are making the transfer does not have enough cash.

– If the ATM was not working properly and you knew about the problem when you started the transaction.

– If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.

– If the money in your account is subject to legal process or other claim.

– If funds in your account are pledged as collateral or frozen because of a delinquent loan.

– If the error was caused by a system of any participating ATM network.

– If the electronic transfer is not completed as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers.

– If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction.

– If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.

– Any other exceptions as established by the Credit Union.

10. NOTICES — All notices from us will be effective when we have mailed them or delivered them to your last known address in the Credit Union’s records. 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 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.

The following information is a list of safety precautions regarding the use of Automated Teller Machines (ATM) and night deposit facilities:

– Be aware of your surroundings, particularly at night.

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

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

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

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

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

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

– Do not write your personal identification number (PIN) or access code on your ATM Card.

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

11. BILLING ERRORS — In case of errors or questions about electronic fund transfers 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 60 days after we sent the FIRST statement on which the problem appears. Call us at:

703-218-9900 or 800-323-2899 or write to:

NextMark Credit Union

P.O. Box 1300

Fairfax, VA 22038-1300

Fax: (703) 591-9538

– Tell us your name and account number.

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

– Tell us the dollar amount of the suspected error.

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

We will determine whether an error has occurred within ten (10)* business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 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.

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

* If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of ten (10) business days to investigate the error.

** If you give notice of an error within 30 days after you make the first deposit to your account, notice of an error involving a point-of-sale (POS) transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have 90 days instead of 45 days to investigate the error.

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.

12. TERMINATION OF EFT SERVICES — You may terminate this Agreement or any EFT service under this Agreement at any time by notifying us in writing and stopping your use of your Card and any access code. If you have not activated your Card, do not do so. You must destroy or 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 by notifying you orally or in writing. 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 not to accept your Card or access code for any EFT service. Whether you or the Credit Union terminates this Agreement, the termination shall not affect your obligations under this Agreement for any electronic transactions made prior to termination.

13. GOVERNING LAW — This Agreement is governed by the bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of 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.

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

© CUNA Mutual Group, 2008-10,12-14:17, ALL RIGHTS RESERVED 51002B (DVABA5)


FUNDS AVAILABILITY POLICY DISCLOSURE

This disclosure describes your ability to withdraw funds at NextMark Federal Credit Union (“NextMark Credit Union” or the “Credit Union”). It only applies to the availability of funds in transaction accounts. The Credit Union reserves the right to delay the availability of funds deposited to accounts that are not transaction accounts for periods longer than those disclosed in this policy. Please ask us if you have a question about which accounts are affected by this policy.

General Policy. Our policy is to delay the availability of funds from your check and check deposits. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.

Determining the Availability of a Deposit. When we delay the availability of a deposit the length of the delay is determined by counting the business days from the day of your deposit. Every day is a business day except Saturdays, Sundays and federal holidays. If you make a deposit before close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, we will consider deposits made after close of business or on a day that we are not open as deposited on the next business day we are open.

If you make a deposit to an ATM that we own or operate before close of business on a business day that we are open, we will consider that day to be the day of your deposit. However, we will consider deposits to an ATM that we own or operate made after close of business or on a day that we are not open as deposited on the next business day we are open.

The length of the delay varies depending on the type of deposit and is explained below.

Same-Day Availability. Funds from electronic direct deposits to your account will be available on the same business day that we receive the deposit.

Next-Day Availability. Finds from the following deposits are available by the first business day after the day of your deposit:

  • U.S. Treasury checks that are payable to you
  • Wire transfers
  • Checks drawn on NextMark Credit Union

Next-Day Availability for Certain Deposits Made in Person. Funds from the following deposits are available by the first business day after the day we receive your deposit, if you make the deposit in person to one of our employees:

  • Cash
  • State and local government checks that are payable to you
  • Cashier’s, certified, and teller’s checks that are payable to you
  • Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you

If you do not make your deposit in person to one of our employees (for example, if you mail the deposit), funds from these deposits will be available by the second business day after the day we receive your deposit.

Availability of Other Check Deposits. Our policy is to make funds from other checks available as follows, the first $225.00 from a deposit of other checks will be available on the first business after the day of your deposit. The remaining funds will be available by the second business day after the day of your deposit. For example, if you deposit a check of $700.00 on a Monday, $225.00 of the deposit will be available by Tuesday. The remaining $475.00 will be available by Wednesday.

Holds on Other Funds. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

Longer Delays May Apply. We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons.

  • We believe a check you deposit will not be paid.
  • You deposit checks totaling more than $5,525.00 on any one (1) day.
  • You deposit a check that has been returned unpaid.
  • You have overdrawn your account repeatedly in the last six (6) months.
  • There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh business day after the day of your deposit.

Special Rules for New Accounts. If you are a new member, the following special rules will apply during the first thirty (30) days your account is open.

Funds from electronic direct deposits to your account will be available on the same business day that we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,525.00 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state, and local government checks, and checks drawn on NextMark Credit Union will be available on the next business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable you. The excess over $5,525.00 will be available on the ninth business day after the day of your deposit. If your deposit of these checks, (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525.00 will not be available until the second business day after the day of your deposit. The delay for other check deposits is as follows, funds from deposits of other checks will be available on the seventh business day after the day of your deposit.

Deposits at Nonproprietary ATMs. Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth business day after the day of your deposit. This rule does not apply at ATMs that we own or operate. All ATMs that we own or operate are identified as our machines.

Deposits at Service Centers. Funds from deposits of cash, U.S., Treasury, state and local government checks, Federal Reserve and Federal Home Loan Bank checks, U.S. Postal Money Orders, and certain computer-generated payroll checks in amounts of $2,500.00 or less will be available for withdrawal on the same business day as the date of your deposit.

The availability of funds from other check deposits made at service centers is as follows, the service center policy is to make funds from local checks available as described above.

Foreign Checks. Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposits of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn.

 


MEMBERSHIP AND ACCOUNT AGREEMENT

This Agreement is the contract of deposit that covers your and our rights and responsibilities concerning Membership and Account(s) offered to you. In this Agreement, the words “you” and “yours” mean those who sign the Membership Application. The words “we,” “us,” “our”, and “Next Mark Credit Union” mean the NextMark Federal Credit Union (“Credit Union”). The word “account” means any one or more accounts you have with the Credit Union. The classification and form of ownership of your accounts are designated on your Membership Application.

 

By signing the Membership Application that is a part of the Agreement, or by establishing and using the account, each of you, jointly and severally, agrees to the terms and conditions in this Agreement, including the Member Account Agreement, Funds Availability Policy, Electronic Funds Transfer Agreement, Privacy Policy, Internet Privacy Notice, Online Banking End User Agreement, any account receipt, the Credit Union’s bylaws and policies, and any amendments which collectively govern your Membership and Accounts. You agree that additional accounts and services you request in the future will be governed by this Agreement as amended from time to time.

 

MEMBERSHIP AND ACCOUNTS

 

Membership Eligibility. To be eligible for membership in the Credit Union you must be an individual or entity qualifying within the Credit Union’s field of membership, must have a valid Social Security Number (SSN) or Tax Identification Number (TIN), and must purchase and maintain at least one share ($5.00, the Membership Share Account), as required by Credit Union Bylaws. You authorize us to check your account, credit, and employment history and obtain a credit report from third parties, including credit reporting agencies, to verify your eligibility for the accounts and services you request.

 

Individual Accounts. An individual account is an account owned by one depositor, including any individual, corporation, partnership, trust, or other organization qualified for Credit Union membership. If the account is an individual account, the interest of a deceased individual owner will pass, subject to applicable law, to the decedent’s estate or payable on death (POD) beneficiary, if applicable.

 

Joint Accounts. An account owned by two or more persons is a joint account. Joint owners are not members unless they are eligible and qualified as members. Additional joint owners signed on accounts are owners on those accounts only and have no ownership in any other accounts.

 

Rights of Survivorship. If your account is a joint account, you can elect to a joint account with rights of survivorship or without rights of survivorship. With rights of survivorship, upon the death of one of the joint account owners, that person’s interest will become the property of the surviving joint account owner(s). Without rights of survivorship, upon the death of one of the joint account owners, that person’s interest will become the property of the person’s estate or designated P.O.D if one has been made.

 

Rights of Joint Account Owners. Any joint account owner is authorized and deemed to act for the other owner(s) and the Credit Union may accept orders and instructions regarding the account and requests for future services from any other account owner. The account owner may, by written order signed by the owner and joint owner, remove any joint owner of any account. Joint owners may, by written order, remove themselves from any account. Each account owner guarantees the signature of the other owners. Any account owner may withdraw all available funds in the account, stop payment on items drawn on an account, withdraw, or pledge all or any part of the funds of any account, including funds representing a membership share, without the consent of the other account owner(s) and the Credit Union shall have no duty to notify any other joint account owner(s). If the Credit Union receives written notice of a dispute between account owners or receives inconsistent instructions from them, the Credit Union may suspend or terminate the account, require a court order to act, or require that all joint account owners agree in writing to any transaction concerning the account.

 

Joint Account Owner Liability. If any item deposited in a joint account is returned unpaid or an account is overdrawn, or if we do not receive final payment on any transaction, each of the multiple account owners is jointly and severally liable to the Credit Union for the amount of the returned item, overdraft, or unpaid amount, and any charges and transaction fees, regardless of who created the overdraft, deposited or cashed the item, or benefited from or initiated the transaction. A joint owner shall be responsible for destroying any unused checks or access devices from any joint owner removed from the account. If any account owner is indebted to the Credit Union, the Credit Union may enforce its rights against any or all funds in the joint account regardless of who contributed the funds to the joint account.

 

POD Beneficiaries. A Payable on Death (POD) designation is an instruction to the Credit Union that a designated account is an account payable to the owner or owners during their lifetimes, and upon the death of the last joint account owner, payable to any named and surviving POD beneficiary designated on the account. Accounts payable to more than one POD beneficiary are owned jointly by such beneficiaries with right of survivorship. Any POD beneficiary designation shall not apply to IRA accounts, which shall be governed by a separate beneficiary designation. The Credit Union shall at no time have any obligation to notify any beneficiary of the existence of any account or the vesting of the beneficiary’s interest in any account, except as otherwise provided by law.

 

Accounts for Minors. For any account established by or for a minor, the Credit Union reserves the right to require the minor account owner to have his or her Social Security Number (SSN) or Tax Identification Number (TIN) and to have a parental joint account owner who is at least eighteen (18) years of age, who shall be jointly and severally liable to the Credit Union for any returned item, overdraft, or unpaid charges or amounts on such account. For a joint account, all funds in the account shall be owned as a joint account with rights of survivorship. The Credit Union may make payments of funds directly to the minor without regard to his or her minority. The Credit Union has no duty to inquire of the use or purpose of any transaction by the minor or joint account owner. The Credit Union will not honor any transaction request by a parent or guardian who is not a joint account owner. The minor account owner’s Social Security Number (SSN) or Tax Identification Number (TIN) must be shown on the account.

 

Accounts for Living Trusts. An account for a living trust is an individual account held by one or more trustees of a trust for the benefit of one or more beneficiaries pursuant to a revocable trust agreement. Upon request of the Credit Union, the trustees shall sign a Membership Application and provide any other evidence of the trustee’s authority the Credit Union requires. The trustee warrants that a valid living trust has been created, and currently exists. The Credit Union does not act as a trustee and is under no obligation to inquire as to the powers or duties of the trustee(s). The trustee agrees to notify the Credit Union in writing if a change of trustee occurs. The Credit Union may withhold payment of funds to any party until proper evidence of authority is provided. The Credit Union may rely upon the directions of any one trustee until a written notice of revocation of the living trust is received. Funds may be released to any one trustee acting alone or with a co-trustee. The trustee(s) agrees to indemnify and hold the Credit Union harmless of any liability, claim, damage, or loss arising as a result of unauthorized acts of any trustee or former trustee or acts of any trustee upon which the Credit Union relies prior to notice of revocation of the trust. This Agreement shall be binding on the trust, any trustee, successor trustee, and beneficiaries.

 

Accounts for Businesses and Organizations. Accounts held in the name of a business, organization, or association member are subject to the same terms set forth in this Agreement and the following additional rules. The Credit Union reserves the right to require the business member to provide a Membership Application informing the Credit Union who is authorized to act on its behalf. No POD beneficiary designation or other designation shall apply to the account. You agree to notify the Credit Union of any change in authority. The Credit Union may rely on the written authorization until such time as the Credit Union is informed of changes in writing and has had reasonable time to act upon such notice. The Credit Union may require that third- party checks payable to a business not be cashed, but must be deposited to a business account. The Credit Union shall have no notice of any breach of fiduciary duties arising from a transaction by any agent of the account owner, unless the Credit Union has actual notice of any wrongdoing.

 

Deposit Requirements. Funds may be deposited to any account in any manner approved by the Credit Union in accordance with the requirements set forth in the Account Disclosure(s) and Schedule of Fees and Charges. All accounts are non-assignable and nonnegotiable to third parties. Certificate accounts are governed by the terms of this Agreement, the terms of the Account Disclosure(s) and Schedule of Fees and Charges, and the terms and disclosures on your certificate account receipt for each account, which is incorporated herein by this reference.

 

Endorsements. You authorize the Credit Union, at its discretion, to accept transfers, checks, drafts, and other items for deposit into any of your accounts, whether or not they are endorsed by all payees. You authorize the Credit Union to supply missing endorsements if the Credit Union chooses to supply such endorsements. The Credit Union reserves the right to verify all endorsements on third-party checks presented for deposit, either in person or by comparison with member signature files. If insurance, government, and certain other checks or drafts require an endorsement as set forth on the back of the check, the Credit Union may require endorsement as set forth on the check. Endorsements must be placed in the space on the back of the check between the top edge and one and a half inches from the top edge. The Credit Union may accept drafts or checks with endorsements outside this space. However, if any such endorsements or other markings you or any prior endorser make on the check cause any delay or error in processing the item for payment, you will be responsible for any loss incurred by the Credit Union due to the delay or error.

 

Collection of Items. The Credit Union shall not be responsible for deposits made by mail or at an un-staffed facility until the Credit Union actually receives them. In handling items for deposit or collection, the Credit Union only acts as your agent and assumes no responsibility beyond the exercise of ordinary care. The Credit Union will not be liable for default or negligence of any correspondent or for loss in transit, and each correspondent will only be liable for its own negligence. The Credit Union reserves the right to send any item for collection.

 

Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional and subject to our receipt of final payment. If final payment is not received, we reserve the right to charge your account for the amount of those items or ACH transfers and impose a return charge on your account. After we have received final payment, we refer to these deposits as collected items. If the Credit Union incurs any fee to collect any item, the Credit Union may charge such a fee to your account. The Credit Union reserves the right to refuse or to return all or any item or funds transfer. The Credit Union shall have the right to charge back against your account all previously deposited items or other items endorsed by you that are returned to the Credit Union unpaid, regardless of whether the amount of the item has been available for your use.

 

Direct Deposits. The Credit Union may offer direct deposit options allowing you to preauthorize deposits (i.e. payroll checks, Social Security or retirement checks, or other government checks) or preauthorize transfers from other accounts at the Credit Union. You must authorize any direct deposits to your accounts by a separate authorization. If applicable, you must notify the Credit Union at least thirty (30) days prior to any direct deposit or preauthorized transfer if you wish to cancel or change the direct deposit or direct transfer option. Upon filing of bankruptcy, if you fail to cancel any direct deposit authorization, you instruct your employer and the Credit Union to make and apply direct deposits in accordance with your authorization on file with the Credit Union. If the Credit Union is required to reimburse the U.S. government for any benefit payment directly deposited into your account for any reason, you agree the Credit Union may deduct the amount returned from any of your accounts, unless prohibited by law.

 

Crediting of Deposits. Deposits made on Sundays and Credit Union holidays will be credited to your account on the next business day. Deposits received at un-staffed facilities, such as night depositories and automated teller machines (ATMs), will be credited on the day funds are removed and processed by the Credit Union. Items drawn from an institution located outside the United States are handled on a collection basis only. Amounts will be credited to your account when we receive final payment. You waive any notice of nonpayment, dishonor, or protest regarding any items purchased or received by the Credit Union for credit to your account or for collection.

 

ACCOUNT ACCESS

 

Authorized Signature. The Credit Union is authorized to recognize your signature, but will not be liable for refusing to honor any item or instruction of yours if it believes in good faith that the signature on such item or instruction is not genuine. If you have authorized the use of a facsimile signature, the Credit Union may honor any check that appears to bear your facsimile signature even if it was made by an unauthorized person. If you give your account number to a third person, you authorize us to honor transactions initiated by the third person even if you did not specifically authorize a particular transaction.

 

Access Options. You may make withdrawals or transfers from your account in any manner that is permitted by the Credit Union (i.e. check, automated teller machines [ATMs], debit card, personal computer, mobile device, in person, by mail, automatic transfer, or telephone). If the Credit Union accepts any check that is not drawn on a form provided by the Credit Union, you will be responsible for any loss incurred by the Credit Union for handling the check. The Credit Union may return any check that is not drawn in the form provided by the Credit Union as an unpaid item and charge a fee.

 

ACH & Wire Transfers. If offered, you may initiate or receive credits or debits to your account via wire transfer or ACH (automated clearing house) transfer. You agree that if you receive funds by a wire or ACH transfer, the Credit Union is not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. The Credit Union may provisionally credit your account for an ACH transfer before it receives final settlement for the transfer. You agree that if the Credit Union does not receive final settlement for a transfer, it may reverse the provisional credit to your account, or you will refund the amount to the Credit Union. When you initiate a wire transfer, you may identify either the recipient or any financial institution by name and by account or identifying number. The Credit Union (and other institutions) may rely on the account or other identifying number you give as the proper identification number, even if it identifies a different party or institution. Wire transfers are governed by Federal Reserve Regulation J if the transfer is cleared through the Federal Reserve. ACH transactions are governed by the rules of the National Automated Clearing House Association.

 

Credit Union Examination. The Credit Union may disregard information on any check other than the signature of the drawer and amount of the item and any magnetic encoded information. You agree that the Credit Union does not fail to exercise ordinary care in paying an item solely because its procedures do not provide for sight examination of items.

ELECTRONIC CHECK TRANSACTIONS

 

Electronic Checks. If you authorize a merchant to electronically debit your checking account using the routing, account, and serial number of your check to initiate the transfer, whether the check is blank, partially or fully completed and signed, such authorization is an electronic check conversion. An electronic check conversion is an electronic funds transfer (EFT) subject to the terms of the Electronic Funds Transfer Agreement. You authorize us to honor any electronic check conversion from your checking account.

 

Electronic Re-presented Checks. If you write a check on a personal account that we return unpaid because of insufficient or uncollected funds, the payee or any subsequent holder of the check may re-present the check to us, through an electronic instruction (“Electronic Re-presented Check”) to charge your account for the amount of the check. If we receive an electronic re-presented check, we will pay or return the electronic re-presented check as if the original paper check was presented to us. Any collection fee you authorize the merchant to debit from your account is an electronic funds transfer subject to the terms of the Electronic Funds Transfer Agreement. If you want to reverse an electronic re-presented check, you must give us an affidavit within fifteen (15) days after we send or make available to you the periodic statement that reflects payment of that electronic re-presented check. In your affidavit, you must declare and swear under oath that the electronic re-presented check was ineligible or unauthorized. If we receive a proper notice of affidavit from you within the 15-day period, we will recredit your account with the amount of the charge. If you wish to stop payment of any electronic re-presented check, you must follow the procedures for stopping payment of checks, not the procedures for stopping payment on electronic loan or bill payments. If you ask us to request the depositor’s bank to send us the original paper check or a copy of the paper check, and we provide it to you, you agree that you will not seek to have your account re-credited due to a prior stop payment order or if the item is otherwise ineligible for collection.

 

Account Rates and Fees. The Credit Union’s payment of dividends on any account is subject to the account rates and fees, earnings, payment, and balance requirements as set forth in the Account Disclosure(s) and Schedule of Fees and Charges and each Certificate Account receipt, which are incorporated herein by this reference. You agree the Credit Union may impose fees and charges for the deposit account services provided by the Credit Union. Current

 

Account Disclosure(s) and Schedule of Fees and Charges have been provided to you separately. You agree the Credit Union may change the Account Disclosure(s) and Schedule of Fees and Charges from time to time and you will be notified of such changes as required by law.

TRANSACTION LIMITATIONS

 

Withdrawal Restrictions. The Credit Union will permit a withdrawal only if you have sufficient available funds in your account to cover the full amount of the withdrawal or have an established overdraft protection plan. Drafts or other transfer or payment orders that are drawn against insufficient available funds will be subject to a service charge set forth in the Account Disclosure(s) and Schedule of Fees and Charges. If there are sufficient available funds to cover some but not all of your withdrawal orders, the Credit Union may allow those withdrawals for which there are sufficient available funds in any order at the Credit Union’s discretion. The Credit Union may also refuse to allow a withdrawal in other cases, for example, any dispute between the owners about the account (unless a court has ordered the Credit Union to allow the withdrawal); a legal garnishment or attachment is served; the account secures an obligation to the Credit Union; any required documentation has not been presented; or you fail to repay a Credit Union loan on time. You will be advised of the reasons for refusal if such action is taken. The Credit Union reserves the right to require members to give notice in writing of any intended withdrawals from any account (except checking accounts) of no less than seven (7) days and up to sixty (60) days, as required by law, before such withdrawal.

 

Transfer Limitations. For share and savings accounts, you may make up to six (6) preauthorized, automatic, telephonic, online banking, or mobile banking transfers to another account of yours or to a third party during any calendar month. No more than six (6) transfers can be made to a third party by check or debit card purchase. A preauthorized transfer includes any arrangement with the Credit Union to pay a third party from the member’s account upon oral or written orders, including written orders received through the automated clearing house (ACH). There is no limit to the number of transactions you may make in the following manner. (i) transfers to any loan account with the Credit Union; (ii) transfers to another Credit Union account or withdrawals (checks mailed directly to you) when such a transfer or withdrawal is initiated in person, by mail, or at an ATM. If a transfer request would exceed the transfer limitations set forth above in any statement period, the Credit Union may refuse or reverse the transfer, and your account will be subject to suspension or closure by the Credit Union and the Credit Union may impose a charge.

OVERDRAFTS

 

Overdraft Protection Plan. If you have applied for and we approve your request for an Overdraft Protection, we will provide an overdraft protection plan for you. We will honor items drawn on insufficient funds in your checking account by transferring the funds from a loan account. Transfers from a loan account will be governed by the applicable loan agreement.

 

Overdraft Liability. If on any day, the available funds in your checking account are not sufficient to cover checks and other items posted to your account, those checks and items will be handled in accordance with our overdraft procedures or an overdraft protection plan you have with us. The Credit Union’s determination of an insufficient account balance may be made at any time between presentation and the Credit Union’s midnight deadline with only one review of the account required. The Credit Union has no duty to notify you of an insufficient funds item. The Credit Union may charge a fee for an insufficient funds item whether paid or returned as set forth in the Account Disclosure(s) and Schedule of Fees and Charges. Except as otherwise agreed to in writing, the Credit Union, by covering one or any overdraft, does not agree to cover overdrafts in the future and may discontinue covering overdrafts at any time. If the Credit Union pays an item that would otherwise overdraw your account, you agree to pay the overdraft amount immediately. We reserve the right to pursue collection of previously dishonored items at any time, including giving a payor bank extra time beyond any midnight deadline limits.

 

Postdated and Stale dated Items. You authorize us to accept and pay any check, even if the check is presented for payment before its date, unless you notify the Credit Union of the postdating. Your notice will be effective only if the Credit Union receives the notice in time for the Credit Union to notify its employees and reasonably act upon the notice. You must accurately describe the check, including the number, date, and amount. You understand that the exact information is necessary for the Credit Union’s computer to identify the check. If you give the Credit Union an incorrect, incomplete, or untimely notice, the Credit Union will not be responsible for paying the item before the date stated and the Credit Union may charge your account as of the date the Credit Union pays the item. You may make an oral notice, which will lapse within fourteen (14) days, unless continued in writing, within that time. A written notice will be effective for twelve (12) months. A written notice may be renewed in writing from time to time. You also agree not to deposit checks, drafts, or other items before they are properly payable. The Credit Union is under no obligation to you to pay a check or draft drawn on your account that is presented more than six (6) months after its date.

 

STOP PAYMENT ORDERS

 

Stop Payment Request. You may ask the Credit Union to stop payment on any check drawn upon your checking account. You may request a stop payment by telephone, through online banking, through mobile banking, by mail, or in person. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, date, and number of the check and its exact amount. If you give the Credit Union incorrect or incomplete information, the Credit Union will not be responsible for failing to stop payment on the item. If the stop payment order is not received in time for the Credit Union to act upon the order, the Credit Union will not be liable to you or to any other party for payment of the item. If we re-credit your account after paying a check over a valid and timely stop payment order, you agree to sign a statement describing the dispute with the payee, to transfer all of your rights against the payee or other holders of the check to the Credit Union, and to assist the Credit Union in legal action taken against the person.

 

Duration of Order. You may make an oral stop payment order, which will lapse within fourteen (14) calendar days unless continued in writing within that time. A written stop payment order will be effective for six (6) months. A written stop payment order may be renewed in writing from time to time. Verbal stop payment orders (if permitted by the Credit Union) remain in effect for fourteen (14) days. The Credit Union is not obligated to notify you when a stop payment order expires.

 

Liability. The Credit Union may charge a fee for each stop payment order requested, as set forth in the Account Disclosure(s) and Schedule of Fees and Charges. You should be aware that while payment of the item may be stopped, you may remain liable to any person, including the Credit Union, who is a holder of the item despite the stop payment order. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney fees, damages, or claims related to the Credit Union’s action in refusing payment of an item, including claims of any multiple party account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

 

Lost Items. The Credit Union, in receiving items from you for withdrawal or deposit, acts only as your agent and reserves the right to reverse the credit for any deposited items or to charge your account for the items, should they become lost in the collection process.

 

Credit Union’s Liability for Errors. If the Credit Union does not properly complete a transaction according to this Agreement, the Credit Union will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. The Credit Union will not be liable if; (a) through no fault of the Credit Union, your account does not contain enough money to make the transaction; (b) circumstances beyond the Credit Union’s control prevent the transaction; (c) your loss is caused by your negligence or the negligence of another financial institution; or (d) the money in your account is subject to a legal process or other claim. The Credit Union will not be liable for consequential damages except liability for wrongful dishonor. The Credit Union’s actions will constitute the exercise of ordinary care if such actions or non-actions are consistent with applicable state law, Federal Reserve regulations and operating letters, clearing house rules, and general banking practices followed in the area serviced by the Credit Union. You grant the Credit Union the right, in making payments of deposited funds, to rely on the form of the account and the terms of this Account Agreement. Any conflict between oral representations by you or Credit Union employees and any written form will be resolved by reference to this Agreement and applicable written form.

 

Credit Union Lien and Security Interest. To the extent you owe the Credit Union money as a borrower, guarantor, endorser, or otherwise, the Credit Union has a lien on any or all the funds in any account in which you have an ownership interest at the Credit Union, regardless of the source of the funds. The Credit Union may apply these funds in any order to pay off your indebtedness. If the Credit Union chooses not to enforce its lien, the Credit Union does not waive its right to enforce the lien at a later time. In addition, you grant the Credit Union a consensual security interest in your accounts

 

and agree the Credit Union may use the funds from your accounts to pay any debt or amount owed the Credit Union unless prohibited by applicable law. All accounts are non-transferable to third parties. All accounts may not be assigned without our prior written consent.

 

Legal Process. If any legal action, such as a levy, garnishment, or attachment, is brought against your account, the Credit Union may refuse to pay out any money from your account until the dispute is resolved. If the Credit Union incurs any expenses or attorney fees in responding to legal process, such expenses may be charged against your account without prior notice to you, unless prohibited by law. Any legal process against your account is subject to the Credit Union’s lien and security interest.

 

Account Information. Upon your request, the Credit Union will inform you of the name and address of each credit reporting agency from which the Credit Union obtains a report in connection with your account. The Credit Union agrees not to disclose information to third parties about your account regarding any transaction or balances except as set forth in the Privacy Notice.

 

NOTICES

 

Name or Address Changes. It is your responsibility to notify the Credit Union of a change of address or change of name. The Credit Union is required to attempt to communicate with you only at the most recent address you have provided to the Credit Union. If your mail is returned, the Credit Union may impose a service fee as set forth on the Account Disclosure(s) and Schedule of Fees and Charges.

 

Notice of Amendments. Except as otherwise prohibited by applicable law, the terms of this Agreement are subject to change at any time. The Credit Union will notify you of any changes in account terms, rates, or fees as required by law. Changes in account ownership, such as adding or removing a joint account owner, must be evidenced in writing. The Credit Union reserves the right to waive any term in this Agreement. Any such waiver shall not affect the Credit Union’s right to enforce any right in the future.

 

Effect of Notice. Any written notice you give the Credit Union is effective when it is actually received by the Credit Union. Any written notice the Credit Union gives to you is effective when it is deposited in the U.S. mail, postage prepaid, and addressed to you at your statement mailing address. Notice to any one account owner is considered notice to all owners of the account. The Credit Union reserves the right to accept oral instructions, and you agree to hold the Credit Union harmless from any liability arising as a result of such instructions.

 

Taxpayer Identification Number (TIN) and Backup Withholding. If your account is or becomes subject to backup withholding, the Credit Union is required by law to withhold and pay the Internal Revenue Service (IRS) a required percentage of payments of dividends, and certain other payments under certain conditions. Your failure to furnish a correct taxpayer identification number (TIN) or meet other applicable requirements may result in backup withholding as well as civil or criminal penalties. If you refuse to provide your TIN, the Credit Union may suspend the opening of your account.

 

STATEMENTS

 

Contents. If the Credit Union provides a statement for your account, you will receive a periodic statement of all transactions and activity on your account during the statement period. If a periodic statement is provided, you agree that only one statement is necessary for a multiple party account. For checking accounts, you understand that when paid, your original check becomes property of the Credit Union. Copies will be retained by the Credit Union and made available upon your request and subject to the fee set forth in the Account Disclosure(s) and Schedule of Fees and Charges.

 

Examination. You are responsible for examining each statement and reporting any irregularities to the Credit Union. The Credit Union will not be responsible for any forged, altered, or unauthorized item drawn on your account if (1) you fail to notify the Credit Union within sixty (60) days of the mailing date of the earliest statement and availability of checks containing any forgery, alteration, or unauthorized signature on the item; or (2) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.

 

Severability. In the event that any paragraph of this Agreement or any portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.

 

Enforcement. You agree to be liable to the Credit Union for any liability, loss, or expense as provided in this Agreement that the Credit Union incurs as a result of any dispute involving your accounts or services. You authorize the Credit Union to deduct any such liability, loss, or expense from your account without prior notice to you. In the event either party brings legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable.

Governing Law. This Agreement is governed by the bylaws of the Credit Union, federal laws and regulations, the laws of the state 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.

 


NEXTMARK VISA® GIFT CARD TERMS AND CONDITIONS

The following are yourNextMark Federal Credit Union Visa Gift Card Terms and Conditions. In these Terms and Conditions “you” or “your” means the person who has received the NextMark Federal Credit Union Visa Gift Card; “we”, “us” or “our” means ”NextMark Credit Union” or the “Credit Union”; “Card” means the NextMark Credit Union Visa Gift Card. Please read the following carefully and keep them for your records. By accepting and using your Card, you are agreeing to these Terms and Conditions.

Using Your Card
The  NextMark Credit Union Non Personalized Gift Card is activated upon load, therefore please register your card at https://www.NextMarkCU.org/gift-card.html. Please sign the back before you can use the Card.

Your NextMark Credit UnionVisa Gift Card is issued by NextMark Credit Union and may be used for purchases at most merchants where Visa Debit is accepted. The Card may not be used for recurring payments, non-financial money exchange establishments and gambling establishments.

Some merchants, like restaurants, may attempt to submit authorizations against the Card for an amount greater than the actual purchase amount. If a merchant attempts an authorization greater than the balance remaining on your gift Card, it may be declined.

This NextMark Credit Union Visa Gift Card is not a credit Card and may not be reloaded. You may only use it when there is a balance remaining on the Card and only up to the amount left on the Card. Purchases will be deducted from your NextMark Credit Union Visa Gift Card until the value reaches zero. If a transaction initiated by you exceeds the remaining balance on the Card, you must tell the merchant before completing the transaction. Any transaction attempted for more than the amount available on the Card will be declined. Therefore, you must know the amount available on your Card and inform the merchant to process the transaction in that amount. You must pay the difference with another form of payment. If you are given value through the use of the Card greater than the balance remaining, you will pay us on demand the amount by which your transactions exceeded the balance remaining on the Card.

Fees and Charges
• Card Load Fee: $4.95 if a member purchased and ordered from a local branch
• Inactivity Fee: You will be charged a fee of $5.00 each month, beginning on the 13th month on the Card, as long as there is no activity on the Card.
• Card Replacement Fee (L/S): A $10.00 fee is assessed on the account when a card that is marked as lost/stolen is replaced.

Non U.S. Transactions
If a Card transaction is made in a currency other than that loaded on the Card, the amount will be converted into the appropriate currency at an exchange rate on the day the transaction is processed. The exchange rate used to determine the transaction amount in US dollars is either a rate selected from Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date.

Your Liability For A Lost or Stolen Card or Unauthorized Transactions
Contact us immediately at 866-902-6082 if you believe the Card has been lost or stolen, or that someone has accessed or may access money from the Card without your permission. You will not be liable for lost value on the Card if you satisfy the following conditions:

  • You have immediately called us and reported the Card lost or stolen, which allows us to the status the Card.
  • You have signed the Card on its reverse side in permanent ink.
  • You inform us of the Card number and the approximate date of your last authorized use.
  • Your have not reported two or more incidents of unauthorized use to us in the preceding 12-month period.
  • You report all facts of the loss or theft to us and you cooperate in our investigation.

Our Liability for Failure to Make Transactions
We may restrict access to the Card, temporarily or permanently, if we notice suspicious activity in connection with the Card, and we will notify you if we do so. We have no liability for restricting access to the Card because of suspected suspicious activity. Access will be reinstated if we determine that there has been no unauthorized use of the Card.

If we do not complete a transfer from the Card on time or in the correct amount according to our Agreement with you (other than for restrictions because of suspicious activity), we will be liable for the correct amount of the transfer. However, there are some exceptions. We will not be liable, for instance:

  • If through no fault of ours, a merchant refuses to honor the Card;
  • If through no fault of ours, you do not have enough money available on the Card to make a purchase;
  • If the terminal or system was not working properly;
  • If the Card is expired, damaged, or revoked;
  • If the Card has been reported lost or stolen;
  • If the Credit Union has reason to believe there is something wrong, for example, that the Card has been stolen;
  • If the transaction information supplied to the Credit Union by you or a third party is incorrect or untimely;
  • If circumstances beyond our control (such as flood or fire) prevent a transaction, despite reasonable precautions that we have taken;
  • The merchant authorizes an amount greater than the purchase amount.

There may be other applicable exceptions as otherwise provided by state or federal laws.

Error Resolution Procedures
Records detailing the use of your Card are available by calling 866-902-6082. In case of errors or questions about transactions arising from the use of your Card, of if any records you see show transactions that you did not make, call 866-902-6082 immediately. We must hear from you no later than 60 days after the transaction appeared on the transaction activity report. If a good reason such as a hospital stay or long trip prevented you from telling us, we may, at our discretion, extend the period for a reasonable time. In order to help you with your questions, we will need the following information:

  • Your name, address, phone number, and Card number.
  • A description of the error or transaction you are unsure about and why you believe there is an error or why you need more information.
  • The dollar amount of the suspect error.

Once the type of dispute is identified, we will mail you the appropriate paperwork to complete. No other action will be taken until the completed paperwork is received at the address specified in the documentation. Upon receipt of the completed paperwork, we will send you a confirmation letter and begin the investigation. We will determine whether an error occurred within 60 days. If we need more time, however, we may take up to 30 additional days to investigate your complaint or question. If we decide to do this, we will send you a letter. Credit will be given only after it has been determined that it is warranted.

We will tell you the results 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 we used in our investigation.

Closure, Expiration, or Revocation of Card
You may close your Card and receive the remaining balance by contacting 866-902-6082 or by visiting your local  NextMark Credit Union branch. A fee will apply (see Fees and Charges).

Your Card expires on the last day of the monthly displayed on the Card. At expiration, the Card will be closed and any unused balance will be returned to the appropriate governing body under applicable escheatment laws.

The Card is the property of NextMark Credit Union and we may revoke the Card at any time without cause or notice. You agree to surrender a revoked Card promptly upon demand. Upon revocation, any stored value remaining on the Card will be refunded to you less any applicable fees.


Member Satisfaction Survey Drawings

NO FEE OR PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT IMPROVE THE ODDS OF WINNING. The inclusion in the email survey promotion begins on the first business day of the month the email request is generated by NextMark Credit Union and ends the last business day of the same month and year. All electronic entries must be received no later than the close of business on the last day of the month. For example, email survey generated in April must be submitted for inclusion by the close of business on April 30th. NextMark Credit Union is not responsible for lost, stolen, misdirected, delayed, destroyed or illegible entries.

ELIGIBILITY: Sweepstakes is open to legal residents of the United States who are 18 years of age or older at time of entry. NextMark Federal Credit Union employees, resellers, consultants, contractors, their immediate families (parent, child, sibling & spouse) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion.

By entering the Promotion, participants agree to release, discharge and hold harmless NextMark Credit Union , its affiliates, subsidiaries, officers, directors, employees and agents from any and all damages, costs, expenses, and other liabilities, including damages for personal injury or damage to property, whether the damages are direct or indirect, and regardless of whether the claim is based on contract, tort or any other legal theory, which may be due to or arise out of participation in the Program or any portion thereof or the acceptance, use/misuse or possession of the prize.

By participating, you agree to these Official Rules and to the decisions of NextMark Credit Union being final and binding in all respects. Void where prohibited by law, rule or regulation. All federal, state and local laws and regulations in the US apply.

HOW TO ENTER: Limit one entry per person. All subsequent entries from the same person or email address will be disqualified. Any attempt by a person to enter more than once with multiple email accounts will result in disqualification. The Promotion is an electronic random drawing.

To enter the Promotion you must provide/enter your true and correct name, email address, telephone number and complete the member satisfaction survey.

Electronic entries will be deemed made by the authorized account holder of the email address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. All entries become the property of NextMark Credit Union.

PRIZE: The prize includes shipping within the 50 United States, which will be paid for by NextMark Credit Union. The prize(s) consists of: $100 VISA Gift Card. There will be one winner; receiving one $100 gift card. NextMark Credit Union reserves the right to substitute the prizes for ones of equal or greater value.

SWEEPSTAKES DRAWING AND NOTIFICATION OF PRIZE WINNERS: The random drawing will be held on or before the 5th day of the following month of the entry period. Decisions by NextMark Credit Union of winner eligibility, notification, and acceptance or disqualification will be final and binding. Prize winner will receive prize notification by one of the following methods: telephone, email or certified mail.

The winner will have three (3) days after notification to accept the prize or will be disqualified and an alternate winner selected.

If the selected winner has not complied with the Official Rules, cannot be contacted, is ineligible, the Prize Notification or prize is returned as undeliverable, or does not return the executed Affidavit of Eligibility within the specified time period, an alternate winner will be selected. Acceptance of a prize constitutes permission for NextMark Credit Union to use winner’s name and likeness for advertising and promotional purposes without compensation, unless otherwise prohibited by law. All information collected will be treated in a manner consistent with NextMark l Credit Union ‘s privacy policy. All decisions of NextMark Credit Union shall be binding and final.

WINNER LIST: For the name of the Winners, send a self-addressed stamped envelope to:
Request must be made within 30 days following the close of the promotion

NextMark Credit Union
4201 Members Way Fairfax, VA 22030
Attention: Marketing Department

LIMITATIONS OF LIABILITY: NextMark Credit Union is not responsible for any incorrect or inaccurate information, whether caused by Web site users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error, which may occur in processing entries for the Promotion.

NextMark Credit Union is not responsible for lost, interrupted or unavailable Web site network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic.

NextMark Credit Union is not responsible for any delay, error, failure, problem or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of electronic mail or entries due to technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to any entrant, entrant’s computer or to any other computer related to or resulting from participation in, or downloading materials for, this Promotion. If for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of NextMark Credit Union which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, NextMark Credit Union reserves the right at their sole discretion to cancel, terminate, modify or suspend the Promotion.

CONDUCT: NextMark Credit Union reserves the right, at their discretion, to disqualify anyone found to be tampering with the entry process or the operation of the Promotion or Web site hosting the Promotion, to be acting in violation of the Official Rules, to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS. NEXTMARK FEDERAL CREDIT UNION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT OR INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

GENERAL INFORMATION: This promotion is conducted in English (which will be given its everyday ordinary meaning) and any and all disputes shall be submitted to arbitration in accordance with the Rules of the American Arbitration Association then in effect, with any hearings pursuant to such Rules to be held in Pittsburgh, Pennsylvania. Should there be a conflict between the laws of the State of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the State of Pennsylvania. The award rendered by the arbitrator shall be final and judgment may be entered upon the award in any court having jurisdiction thereof.

SPONSOR: The sponsor of this Promotion is: NextMark Credit Union, 4201 Members Way, Fairfax, VA 22030

*NextMark Credit Union reserves the right to extend the end date of the Promotion.

 

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