Terms and Conditions

Terms, Conditions and Disclosures for Online Access Services

These terms, conditions and disclosures covers your and our rights and responsibilities concerning the electronic funds transfer (EFT) services offered to you by Port Arthur Teachers Federal Credit Union (“credit union”). In this agreement, the words “you” and “yours” mean those who sign the application or account card as applicants, joint owners, or any authorized users. The words “we,” “us,” and “our” mean the credit union. The word “account” means any one or more savings and checking accounts you have with the credit union. 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.

A separate personal identification number (Security Code) will be used for Online Access use. You may use your security code along with your account number to access your accounts. At the present time, you may use Online Access to:

Transfer funds from savings, checking and Money Market Accounts in which you have access.

Obtain balance information for your savings, checking, loan, Money Market, and certificate accounts.

Make loan payment from your savings, checking, and Money Market accounts.

Obtain history information on types of savings and loan accounts.

View check images (with limitations)

Place stop pay order on check.

Authorize payment of bills to other creditors.

SECTION 1 – EFT Services

ONLINE ACCESS

Your account can be accessed under Online Access via personal computer. Online access 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 unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access.

Payment of taxes, court directed payments and payments to payees outside of the United States via this service are prohibited.

There is a limit of fifteen (15) transactions per access and certain limits on the account history information available.

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

BILL PAY

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 authorized 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 checking account for bill payment transfers by the designated cutoff time on the date your scheduled for payment. We will process your bill payment transfer within a designated number of days before the date you schedule 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.

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

Maximum payment per merchant is $3,000.00 per day.

Payments requested after noon, may not be processed until the next business day.

SECTION 2 – Transfer Limitations
For all savings and Money Market accounts, no more than six (6) preauthorized, automatic, telephone, or internet transfers and withdrawals may be made from each account 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 or be closed.

SECTION 3 – Fees and Charges
There may be certain fees and charges for EFT services. For a current listing of all applicable fees, see our current Fee Schedule. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law.

Section 4 –Confidentiality
We will disclose information to third parties about your account or the transfers you make:

where it is necessary for completing transfers, or

in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or

in order to comply with government agency or court orders, or

if you give us your written permission.

Section 5 – Member Liability/Billing Errors
You are responsible for all transactions you authorize using EFT services under this agreement. Security codes are confidential and should not be disclosed to third parties or recorded on anything. You are responsible for safekeeping your security code. You agree not to disclose or otherwise make your security code available to anyone not authorized to sign on your accounts. If you permit someone else to use your security code, you are responsible for any transactions they authorize or conduct on any of your accounts. If you authorize anyone to use your security code 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 a security code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of your security code and the credit union suffers a loss, we may terminate your EFT services immediately.

However, TELL US AT ONCE if you believe your security code has been lost or stolen, if you believe someone has used your security code or otherwise accessed your accounts without your permission, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft authorization).

For all EFT transactions involving access devices, including transactions conducted at ATMs, your liability for unauthorized transactions is determined as follows. If you tell us within two (2) business days, you can lose no more than $50 if someone used your card or 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 code, and we can prove that we could have stopped someone from using your card or code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfer that you did not make including those made by card, code or other means, TELL US AT ONCE. If you do not tell us within sixty (60) days after the statement was mailed to you, 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: (409) 729-3075 or (866) 729-3075

or write: Port Arthur Teachers Federal Credit Union
3001 Jimmy Johnson Boulevard
Port Arthur, TX 77642

or fax: (409) 729-7575

We will need the following information:

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 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 in 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 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 to investigate the error.

**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 POS transaction, or notice of an error involving a transaction initiated outside of the U.S., its possessions and territories, we will have ninety (90) days instead of forty-five (45) days to investigate the error.

Section 6 – 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, there are some exceptions. We will not be liable for direct or consequential damages in the following events:

If you do not obtain confirmation at the time you initiate a transfer or payment.

If, through no fault of ours, there is not enough money in your accounts to complete the transaction, or if any funds in your accounts are necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy.

If you used your card or Security Code in an incorrect manner.

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

If circumstances beyond our control (such as fire, flood or power failure) prevent the completion of the transaction and we have taken reasonable precautions to avoid these circumstances.

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, Security Code, or any EFT facility for making such transfers.

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

Any other exceptions as established by the credit union.

Section 7 – Stop Pre-authorized Payments
If you have arranged in advance to make regular electronic funds transfers out of your account(s) for money you owe others, you may stop payment of 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 fourteen (14) days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made.

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.

Section 8 – Business Days
Our business days are Monday through Friday, excluding holidays. Our holidays are listed on our website.

Section 9 – New Services
We may, from time to time, introduce new services or enhance existing services. We will notify you when these new or enhanced services are available. By using these services when they become available, you agree that they will be governed by these Terms Conditions, and Disclosures as well as any additional terms conditions, and disclosures we provide to you.

Section 10 – 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 security code. You must return all cards to the credit union. You also agree to notify any participating merchants that authority to make bill payment transfer 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 security 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.

Section 11 – Enforcement
You acknowledge and agree that the procedures and instructions set out in these Terms, Conditions and Disclosures, and our Deposit Agreement and Disclosures including our Electronic Funds Transfer Services Agreement and Disclosures, regarding the security and safekeeping of your password, and the security of online banking transactions in general, are reasonable and you agree to be bound by and to comply with those procedures and instructions.

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.

Section 12 - Additional Terms, Conditions, and Disclosures

If you add an additional Online Access Service, you agree that the Terms, Conditions, and Disclosures of this Agreement will apply to any such added Service.

You agree to be bound by and comply with these Terms, Conditions and Disclosures and applicable state and federal laws and regulations.

We reserve the right to terminate your use of the Services, in whole or in part, at any time without prior notice.

If you wish to cancel your subscription to the Services, you must notify us in writing of cancellation. You will be responsible for all payments you have requested prior to cancellation and for all other related charges, fees, and taxes incurred.

Be sure to cancel all outstanding payment orders before you notify us to cancel the Services. We will not be liable for payments not canceled, or made due to the lack of proper notification by you of service cancellation.

We may change these Terms, Conditions, and Disclosures, and any applicable fees and charges at any time and we will notify you of any such change. Your use of Online Access following receipt of such notice constitutes acceptance of any such change.

We are not responsible for any loss, damage or injury, whether caused by your equipment or software, the Services, or any technical or editorial errors contained in or omissions from any user guide related to the Services. We will not be responsible for any direct, indirect, special or consequential damages arising in any way out of the installation, use or maintenance of your equipment, software or the Services, except where the law requires a different standard.

NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, ANY SOFTWARE SUPPLIER NOR ANY INFORMATION PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, TO YOU CONCERNING THE SOFTWARE, EQUIPMENT, BROWSER OR OTHER SERVICES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, UNLESS DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.

Section 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 Texas, 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.