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Electronic Services Disclosure & Agreement (Regulation E)

LANDMARK CREDIT UNION
5445 S. Westridge Drive, P.O. Box 510870
New Berlin, WI 53151-0870
(262) 796-4500

Definitions. In this Disclosure and Agreement (“Disclosure”), the words “you,” “your” or “Member” mean each and all of those who apply for and/ or use any of the electronic services described in this Disclosure. The words “we,” “our,” “us” or “Landmark” means Landmark Credit Union. “Card” means your debit card and/or ATM Card issued by Landmark and any additional cards or renewals. “ATM Terminals” and “ATMs” means any terminal at which you may use your Card together with your Personal Identification Number (“PIN”) to perform transactions. “POS Transaction” means any use of the Card through the Visa® Network Terminal (not an ATM Terminal) to pay a merchant for goods or services at point-of-sale. “ATM System” means the system of ATM Terminals located in Wisconsin and elsewhere through which you may use the Card.

All electronic funds transactions are governed by this document and your acceptance, retention or use of an ATM Card, debit card or other electronic funds transaction confirms your receipt of and agreement with the terms described below.

Landmark provides several types of services that may be accomplished by electronic transfer, which include but are not limited to preauthorized deposits of wages (direct deposit), pension checks and Federal Recurring Payments (e.g. Social Security benefits); preauthorized withdrawals for bill and other recurring payments; Automated Teller Machine (ATM) electronic fund transfer services at Landmark owned (“Proprietary”) ATMs and “Shared Network” ATMs and any other systems as may be added from time to time; Automated Account Access via phone (“Automated Account Access”); Online Banking; Mobile Banking and, POS Transactions. This Disclosure is an addendum to and not a replacement of any other agreements, terms, conditions, rules and regulations applicable to your Landmark Accounts and services unless they are expressly modified by this Disclosure.

Types of Available Transfers. You may conduct the following types of transactions through Landmark’s electronic transfer services in the amounts and on the days you request:

  1. Withdraw cash from and make deposits to your checking and/or savings Account;
  2. Withdraw funds by check to be mailed to your address on record;
  3. Authorize recurring payments and deposits;
  4. Transfer funds between your checking and savings Accounts and to third party accounts at Landmark;
  5. Pay for purchases at places that have agreed to accept the specific service;
  6. Pay bills directly through Online Banking from your checking Account;
  7. Conduct person-to-person transfers through Online Banking;
  8. Make transfers for your Landmark loan payments.

Some of these services may not be available at all terminals or through all electronic services systems.

Limitations on Frequency and Dollar Amounts of Transfers.

  1. Withdrawals and transfers from any Account are limited to the amount of available funds in the Account plus any available credit, Overdraft Protection and Courtesy Pay funds.
  2. Certain types of withdrawals and transfers from your savings Accounts are limited to no more than six (6) per month pursuant to the requirements of Federal Regulation D.
  3. Electronic transfers are not available on certain Accounts, such as IRA or certificate.
  4. Electronic transfers may be blocked or limited through certain electronic services on suspicion of fraud, if conducted in a high-risk area, if Automated Account Access PIN or card is lost or stolen.
  5. Bill Pay is limited to $9,999.99 per payment and $19,999.99 per day.
  6. Use of the ATM Card is limited to three transactions per day including transfers, withdrawals, deposits, and inquiries.
  7. ATM and POS PIN transactions are limited to $500 per day. This includes any combination of cash withdrawal and/or POS Transaction when the Card is used as an ATM card. For security reasons, there are limits on the number of withdrawals you can make using ATM Terminals. ATM Terminals or terminal operators may have additional limits on the amount of withdrawals or deposits.
  8. Card use for cash advances at either financial institutions or Visa® dedicated Terminals is limited to $500 per day.
  9. POS signature transactions are limited to $3,000 per day.
  10. POS PIN transactions are limited to 25 per day.
  11. POS signature transactions are limited to 25 per day.

Business Days. Landmark’s business days for the purpose of this disclosure are Monday through Friday, except holidays recognized by us and the Federal Reserve. ATMs, POS terminals, Automated Account Access, Online Banking and Mobile Banking are generally open, but not always accessible, 24 hours a day, 7 days a week.

In Case of Errors or Questions About Your Electronic Services Transaction. Call us at (262) 796-4500 or write to us at:

Landmark Credit Union
Attn: Member Service Center
5445 S. Westridge Drive, P.O. Box 510870
New Berlin, WI 53151-0870

Do this immediately if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. We must hear from you no later than sixty (60) days after we send you the FIRST statement on which the problem or error appears. You must:

  1. Tell us your name and Account number;
  2. Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information;
  3. Tell us the dollar amount of the suspected error; and,
  4. Tell us, if you are willing, a phone number at which you can be reached, in case we need further information.

If you tell us orally, you are required to send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we 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 the 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.

For errors involving new Accounts (within 30 days after the first deposit into the Account was made) or POS or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

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

Landmark will not be obligated to comply with the error resolution requirements of Regulation E of the Federal Reserve Board unless you notify Landmark of an error, orally or in writing, at the telephone number and address shown on this document.

Your Right to Stop Preauthorized Payment. If you have authorized us in advance to make regular payments from your Account, you can stop these payments. To do so, you should call us or write to us using the telephone number or address provided in this Agreement in time for us to receive your request no less than three (3) business days before the next payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after your call. We will charge you for each Stop Payment or Revocation request; the most current fee amount is listed in the Fee Schedule. It is your responsibility to notify the third party to whom the payments were being made that you have revoked this payment authorization.

Chargebacks. As to any transaction which, (i) involves a sale of goods or services and is paid for directly through an ATM Terminal, or any remote terminal as defined in Wisconsin Statutes, (ii) involves a transfer of $50 or more, (iii) does not involve a check or draft, or (iv) results in the extension of credit, we will reverse the transaction and credit the Account within 3 business days following the date of the sale and receipt of written or oral notice from you at the contact number or address provided in this Agreement

Except as outlined in the paragraph above, you are not permitted to stop payment on any POS Transaction or cash withdrawal originated by use of the Card, and we have no obligation to honor any such stop payment request.

Refunds for POS Transaction. Cash refunds will not be made on any POS Transaction made with your Card. If the merchant involved with one of your POS Transactions gives you any credit or adjustment for the goods or services you purchased, the merchant will do so by processing a credit which we will apply to your Account. You must directly handle with the merchant any claim or defense with respect to goods or services purchased by a POS Transaction, and any such claim or defense asserted by you will not relieve you of your obligation to pay us the total amount involved in the POS Transaction in dispute plus any other appropriate charges we may be authorized to assess except: (a) you have the right to chargeback described in Section 18. (b) if the POS Transaction results in the extension of credit from us to you, you may have the right to assert a claim or defense against us, but only to the extent allowed by applicable law.

Preauthorized Credits. If you have arranged with a third party (for example, the Social Security Administration) to make preauthorized deposits to your Account at least once every sixty (60) days, that third party making preauthorized deposits may have agreed to notify you every time the money is sent for deposit to your Account. You can also call us at the telephone number provided in this Agreement between 9:00 a.m. and 5:00 p.m. on any business day, or utilize the Automated Account Access, Online Banking or Mobile Banking at any time to determine whether or not the preauthorized deposit has been made. A fee may apply if this inquiry is handled by a Landmark associate.

Notice of Varying Amounts. If your preauthorized payment may vary in amount, the party who will receive the payment is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may agree with the person being paid to receive this notice only when the payment will differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Our Liability for Failure to Stop Payment. If you order us to stop your preauthorized payment(s) no less than three (3) business days before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Our Liability for Failure to Make or Complete an Electronic Funds Transfer. If we do not complete a transfer to or from your Account on time or in the correct amount according to our agreement with you, we will be liable for your losses and damages. However, there are some exceptions. For instance, we will not be liable if the following occurs:

  1. Circumstances beyond our control (such as fire, flood, earthquake, electronic failure, malfunction or unavailability of central data processing facility, computer hardware or software systems, etc.) prevent the transaction, despite us taking reasonable precautions;
  2. Through no fault of ours, you do not have enough available funds in your Account to complete the transaction;
  3. The transaction would exceed the available Credit, Courtesy Pay or Overdraft Protection limit;
  4. The funds in your Account are subject to a hold, legal process or other circumstances restricting transactions;
  5. We have received incorrect or incomplete information from you or a third party (e.g. the U.S. Treasury, an automated clearing house, or a terminal owner);
  6. The ATM, POS terminal, Automated Account Access, Online Banking, Mobile Banking or other electronic services system is not working properly and you knew about this breakdown when you started the transaction;
  7. The ATM where you are conducting the transaction does not have enough cash, or cash in the requested denominations;
  8. Your card has been reported lost or stolen, has expired, is damaged, is inactive due to non-use or is retained by us at your request;
  9. Your ATM Card, debit Card, Online Banking, Mobile Banking or Automated Account Access PIN or password has been entered incorrectly repeatedly;
  10. The transaction is declined to protect the security of your Account and/or the electronic terminal or system;
  11. There may be other exceptions stated in our agreement with you.

Personal Identification Number (PIN) and Password. You cannot use ATMs, Automated Account Access, Online Banking or Mobile Banking without an identification number, which we refer to as a PIN or Password. The PIN or Password is non-transferrable and you are responsible for the safekeeping of your PINs or Password and for all transactions made by use of the PINs or Password. You should notify us immediately and send written confirmation if any of your PINs or Password are disclosed to anyone other than the joint owner of your Account. If you disclose any of your PINs or Password to anyone, you certify that you have given them access to your Account via the electronic system you are accessing and that you are responsible for any transactions.

The Card and PIN Number are provided solely for your use and protection. You shall at all times: (a) safely keep Card and PIN Number and not permit anyone else to use them, (b) not record the PIN Number on the Card or otherwise disclose or make it available to anyone else, and (c) use the Card, PIN Number and ATM Terminals only as instructed and only for purposes authorized by Landmark.

Your liability. Tell us at once if you believe your Card, PIN or any other password or Account access device has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission using information from your check. Calling us is the best way to keep your possible losses down. You can also contact us at the address listed in this Agreement. You could lose all the money in your Account and the available Credit, Courtesy Pay and Overdraft Protection funds. If you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if your Card/code is used without your permission. This zero liability policy does not apply to a commercial card, ATM or PIN transactions, or if you have been grossly negligent or fraudulent in handling the Card. If you do not tell us within two (2) business days and we can prove that we could have stopped the unauthorized use of your Card/code, you could lose as much as $500.

If you believe that the Card or PIN Number has been lost or stolen or that someone has or may use your Card without your permission, call Landmark at (262) 796-4500 during business hours, or 1-800-236-2442 during non-business hours or write to: Member Service Manager, Landmark Credit Union, P.O. Box 510870, New Berlin, WI 53151-0870.

Right to Receive Documentation of Transfer. (a) Terminal transfers. You can get a receipt at the time you make any transfer to or from your Account using an ATM Terminal or by making a POS Transaction. (b) Periodic Statements. Generally, you will receive a monthly Account statement for each month in which a transfer is made; at least you will receive a quarterly Account statement if no transfers are made.

Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking Account using information from your check to pay for purchases or bills. Also, even when you give a check to a store cashier, the check may be processed through an electronic system that captures the Account information and the amount of the check. Once the check is processed, you’ll be asked to sign a receipt and get a copy for your records. The merchant presents the processed check information to us electronically, and the funds are transferred into the merchant’s account. Notice about check information being processed electronically can be given to you in different ways: in a store, a merchant might post a sign at the register or give you a written notice. For a mailed check, the company might include the notice on your monthly statement or under its terms and conditions. The notice also should state if the merchant or company will electronically collect a fee from your Account - like a “bounced check” fee - if you have insufficient available funds to cover the transaction.

Fees for Electronic Funds Transaction Services. All current fees associated with electronic funds transactions are listed in the Fee Schedule and are subject to change. Relevant fees include the following: Bill Pay fees; Stop Payment fee; NSF fee for declined transactions that exceed your ledger balance; Overdraft Protection fee, Returned Check fee, Paid Overdraft fee, Courtesy Pay fees, ATM or debit card overdraft fee, ATM Withdrawal fee, Excess Transaction fee and withdrawal or transfer fees for club accounts. Additional surcharges may be assessed by the individual machine owners. These surcharges will be disclosed at the machine itself. When you use an ATM Terminal not owned by us, you may be charged a fee by the ATM Terminal owner (or any network used) and you may be charged a fee for a balance inquiry even if you don’t complete a funds transfer.

Disclosure of Account Information to Third Parties. We will disclose information to third parties about your Account or transfers you make in the following instances:

  1. When it is necessary to complete an electronic transaction or resolve errors or claims; or
  2. To verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; or
  3. To comply with a government agency or Court order, or any legal process; or
  4. If you give us written permission.

Change in Terms. We may change the terms and fees for the services disclosed in this Agreement and may amend this Agreement from time to time. If you have an Account with us through which electronic transactions are being processed, you will receive written notice at least thirty (30) days prior to the effective date of the changes(s), or as otherwise provided by law. If, however, an immediate change in the Rules is necessary for security reasons, we may amend the Rules without such prior notice.

Disclosure of Delayed Funds Availability. We may place a hold for uncollected funds on an item that you deposit into your Account which could delay your ability to withdraw the funds. Please consult our Funds Availability Policy or contact a Landmark associate for further details.

Termination of Electronic Funds Transaction Services. You may, by written request, terminate your use of any of the electronic services. If you ask us to terminate your Account or the use of an ATM Card, debit card or any other access device, you will remain liable for subsequent transactions that are performed pursuant to your authorization.