Electronic Funds Transfer Disclosure

WESTERN DIVISION FEDERAL CREDIT UNION
6750 MAIN STREET
WILLIAMSVILLE, NY 14221 5947
716-632-9328

ELECTRONIC FUNDS TRANSFER DISCLOSURE
This Electronic Funds Transfer Agreement is the contract, which covers your and our rights and responsibilities concerning the electronic funds transfer (EFT) services offered to you by Western Division Federal 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 or checking accounts you have with the Credit Union. EFTs are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card, signing your VISA Check Card (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.

EFT SERVICES
If approved, you may conduct anyone or more of the EFT services offered by the Credit Union.

CHECK CARD
You may use your Card to purchase goods and services from participating merchants. 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 checking account. If the balance in your account is not sufficient to pay the transaction amount, the Credit Union will pay the amount and treat the transaction as a request to transfer funds from other deposit accounts, approved overdraft protection accounts or loan accounts that you have established with the Credit Union. If you initiate a transaction that overdraws your account, you agree to make immediate payment of any overdrafts together with any service charges to the Credit Union. In the event of repeated overdrafts, the Credit Union may terminate all services under this Agreement.

You may use your Card and PIN in Automated Teller Machines (ATM) of NYCE, PLUS, STAR, ALLPOINT and other such machines and facilities the Credit Union may designate. At the present time you may use your Card to:

• Make deposits to your savings and checking accounts at designated Point of Banking (POB) locations;
  
• Withdraw funds from your savings and checking accounts;
  
• Obtain balance information for your savings and checking accounts;
  
• Make Point of Sale (POS) transactions with your Card and PIN to purchase goods or services at merchants that accept VISA;
• Order goods or services by mail, telephone or Internet from places that accept VISA.
  

The following limitations on the frequency and amount of Card transactions may apply:

• You may withdraw up to a maximum of $500 in anyone day, if there are sufficient funds in your account;
  
• Purchase amounts are limited to the amount in your checking account or up to a maximum of $1500 in anyone day;
  
• Batch Processing - Account balance is updated three times a day, Monday - Friday.
  
• Deposited checks may not exceed $3,000 per day.

Card (debit) transactions will be processed in real time. You will be authorizing Card purchases based on your actual Credit Union account balance, which is updated three times a day, Monday - Friday. It may take two (2) or three (3) days for a transaction to post to your account. YOU MUST HAVE AVAILABLE FUNDS TO COVER CARD TRANSACTIONS WHEN THEY POST TO YOUR ACCOUNT.

TELEPHONE BANKING
You will have access to Telephone Banking through a PIN. You must use your PIN and your Member Number to access your accounts. You may use the telephone to:

• Transfer funds between savings and checking accounts;
• Transfer funds to loan accounts from savings or checking accounts;
  
• Request a check withdrawal from savings, checking or line of credit accounts;
  
• Obtain information regarding: account balances, withdrawals from savings or checking accounts, deposits to savings or checking accounts, amount of credit available from line of credit accounts, loan account, history, paid interest and dividend information.

Your accounts can be accessed via a touch-tone telephone only. Telephone Banking service is available for your convenience    24 hours a day at (716 or 800) 632-9328. This service may be interrupted for a short time each day for data processing.

The Credit Union reserves the right to refuse any transaction which would draw upon insufficient funds, exceed a credit limit, lower an account below 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 on record. The Credit Union may refuse to honor any transaction for which you do not have sufficient available verified funds. The service may 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.

TELEPHONE BANKING INSTRUCTIONS.
    1. Dial (716 or 800) 632-9328
    2. Press 2
    3. Enter your Member Number followed by the # key
    4. Enter your PIN followed by the # key
    5. Listen and choose from options
   
INTERNET BANKING
You may access your accounts through a personal computer, communication software and a modem through the Internet. You must enter your Member Number and PIN to access your account. At the present time you may use Internet Banking to:
    1. Transfer funds between checking and savings accounts;
    2. Transfer funds from a line of credit account to checking or savings accounts;
    3. Transfer loan payments from savings or checking accounts to loan accounts with us;
4. Obtain information regarding: account balances, deposits and withdrawals to and from savings and checking accounts, amount of available credit from line of credit accounts, account statements:
    5. Request a check withdrawal from savings, checking, or line of credit accounts;
    6. Update personal information such as your address and change your pm;
    7. Obtain information on your credit card or mortgage account;
    8. Make on-line bill payments through a third parry bill payer if you choose to use this service.

Internet Banking is 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 payable are to you as a primary member and will be mailed to your address on file. We may set other limits on the amount of any transaction and you will be notified of those limits. We refuse to honor any transaction for which you do not have sufficient available verified funds. The service may discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each success.

ONLINE BILL PAYMENT
This service is available to: Schedule payments, authorize checks to be sent to anyone, set-up recurring payments and receive bills electronically. You may access on-line bill payment through our third party vendor, CU Easy Pay, with the use of a personal computer, a modem, your Member Number and PIN through the Internet to pay anyone in the Continental United States. You may set-up your personal database of payees and establish one time and recurring monthly payments from your Credit Union checking account. 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 if 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 processing date of your payment order will be automatically set when you indicate the payment due date of your bill. It is your responsibility to maintain available funds in your account including overdraft protection, if any, until your payment orders have been deducted from your account. Payments are processed on business days, Monday ~ Friday, excluding federal holidays. If your processing date falls on a holiday, the processing date will be the first business day after the holiday. There is no limit on the number of bill payments per day. On-line Bill Payment is accessed through Internet Banking.

INTERNET BANKING AND ON-LINE BILL PAYMENT INSTRUCTIONS.
    1. Log on to www.westerndivision.org
    2. Click on Internet Banking
    3. Enter your Member Number and PIN
   
ELECTRONIC CHECK CONVERSION
When you provide a check, you authorize the payee to either use information from your check to make a one-time electronic fund transfer from your account or to process the transaction as a check. When your check is used to make an electronic fund transfer, funds may be withdrawn from your account quickly, sometimes as soon as the same day the payee receives your payment. If there are insufficient funds in your account at the time the item is presented as an electronic fund transfer you will be charged a Non-sufficient Funds fee to your account.

TRANSFER LIMITATIONS
For all savings accounts, no more than six (6) preauthorized, automatic or telephone transfers and withdrawals may be made from these accounts to another account of yours or to a third party in any month, and no more than three (3) of these six (6) may be made by check, draft or access card to a third party. If you exceed these limitations, your account may be subject to a fee or be closed.

CONDITIONS FOR EFT SERVICES
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. You cannot transfer your Card or account to another person.

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.

FOREIGN TRANSACTIONS
Purchases and cash advances made in foreign countries and foreign currencies will be billed to you in U.S. dollars. The conversion rate to dollars will be determined in accordance with the operating regulations established by VISA International. Currently the currency conversion rate used to determine the transaction amount in U.S. dollars is generally either a government-mandated rate or the wholesale rate in effect the day before the transaction processing date, increased by 1%. The currency 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.

SECURITY OF PIN
 The PIN issued to you is for your security purpose. Any PIN issued to you is confidential and should not be disclosed to third parties or recorded on or with the Card. You are responsible for safekeeping your PIN. You agree not to disclose or otherwise make your PIN available for anyone not authorized to sign on your accounts. You understand that any joint owner you authorize to use your PIN may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of this PIN and the Credit Union suffers a loss, we may terminate your EFT services immediately.

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 savings or checking accounts as provided in the Agreement. Each joint 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 owner.

FEES AND CHARGES
There are certain fees and charges for EFT services. Please refer to our Fee Schedule for applicable fees and charges. From time to time, the charges may be changed. We will notify you of any changes as required by law. You may be charged a fee by the ATM operator and by any national, state, or local network used in processing the transaction. The ATM surcharge will be debited from your account if you elect to complete the transaction.

MEMBER LIABILITY
You are responsible for all EFT transactions you authorize. If you permit someone else to use your EFT service, Card or PIN, you are responsible for any transactions they authorize or conduct on any of your accounts. Tell us AT ONCE if you believe your Card has been lost or stolen or if you believe someone has used your EFT service, Card or PIN or otherwise accessed your account without your authority by calling (716 or 800) 632-9328. In the event your Card or PIN is lost or stolen and you tell us within two (2) business days after you learn of the loss or theft you can lose $0.00. In the event your Card or PIN is lost or stolen and you do not tell us within two (2) business days after you learn of the loss or theft, and we can prove we could have stopped someone from using the Card without your permission if you had told us, you could lose $500.00. Upon receiving your statement, if you wait longer than sixty (60) days to inform us of any unauthorized transactions, you may lose the total amount withdrawn.

RIGHT TO RECEIVE DOCUMENTATION
PERIODIC STATEMENTS
Transfers and withdrawals made through any ATM or POS terminal, Check Card transactions or preauthorized EFTs will be recorded on your 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.

TERMINAL RECEIPT
You will get a receipt at the time you make any transactions involving your account using an ATM, POS terminal or Card transaction with a participating merchant.

DIRECT DEPOSIT
If you have arranged to have a direct deposit made to your account at least once every sixty (60) days from the same source and you do not receive a receipt (such as a pay stub), you can find out whether or not the deposit has been made by calling (716 or 800) 632-9328. This does not apply to transactions occurring outside the United States.

ACCOUNT INFORMATION DISCLOSURE
We will disclose information to third parties about your account or the transfers you make:
    1. As necessary to complete transfers;
2. 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;
    3. To comply with government agency or court orders: or
    4. If you give us written permission.
   
BUSINESS DAYS
Our Business Days are Monday through Friday excluding federal holidays.

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:

LIABILITY FOR DIRECT OR CONSEQUENTIAL DAMAGES
1. If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your account necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit;
    2. If you used your Card or PIN in an incorrect manner;
    3. If the ATM where you are making the transaction does not have enough cash;
    4. If the ATM was not working properly and you knew about the problem when you started the             transaction;
    5. If circumstances beyond our control (such as fire, flood or power failure) prevent the transaction;
    6. If funds in your account are pledged as collateral or frozen because of a delinquent loan or legal restraining order;
    7. If the error was caused by a system of any participating ATM network;
    8. If the EFT is not completed as a result of your willful or negligent use of your Card, PIN or any EFT facility for making such transfers;
    9. If the telephone or computer equipment you use to conduct Telephone Banking or Internet Banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction;
    10. If you have On-line 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;
    11. If the transfer exceeds the number established by Regulation D;
    12. Any other exceptions as established by- the Credit Union.
   
STOP PAYMENT RIGHTS
If you have arranged in advance to make regular EFTs 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. You do not have the right to stop payment on any POS transaction, Card transaction or any transaction you perform at an ATM.

CANCELING SCHEDULED PAYMENTS ON A THIRD PARTY BILL PAYER
You have the right to delete any scheduled payment through On-line Bill Payment. You must delete the scheduled payment by no later than the close of business the day before the processing date of such payment.

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.

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 twenty-one (21) days before the effective date of any change. Use of this service is subject to existing regulations governing the Credit Union account and any future changes to those regulations.

BILLING ERRORS
In case of errors or questions about EFTs from your savings or checking accounts, call us at the following number or send a written notice to the following address as soon as you can. We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem appears.
Call us at (716 or 800) 632-9328, or write to: Western Division Federal Credit Union, 6750 Main Street, Williamsville New York 14221
    1. Tell us your name and member number.
2. Describe the EFT and explain why you believe the Credit Union has made an error or why you need additional information.
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 or ninety (90) days International to investigate your complaint or question. If we decide to do this we will credit your account within ten (l0)* 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 the error you assert is an authorized Card 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. 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 thirty (30) days after you make the first deposit to your account, we will have twenty (20) business days instead of ten (10) business days.
**If you give notice of an error within thirty (30) days after you make the first deposit into your account, notice of an error involving a POS transaction, or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we will have ninety (90) days instead of forty-five (45) days to investigate.

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 use of your Card. You must return all Cards to the Credit Union. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement. 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 PIN 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 EFTs made prior to termination.

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 New York 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.

ENFORCEMENT
In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing parry shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgment collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the county and state in which the Credit Union is located if allowed by applicable law.