1 Kern FCU Electronic Fund Transfer Disclosure and Agreement This EFT Disclosure and Agreement as amended from time to time ("Agreement") sets forth the terms and conditions governing the use of the Kern Federal Credit Union electronic transfer services. Disclosure information that applies to all electronic services offered by Kern Federal Credit Union is given below, followed by specific disclosure information for each service. This Agreement takes the place of all prior agreements and disclosures governing the use of all electronic services. By retaining, using, or allowing others to use the electronic services offered by Kern Federal Credit Union, you are agreeing to be bound by the terms and conditions of this Agreement. In this Agreement, the term "you" and "your(s)" refer to the member, and the terms "we," "us" and "our(s)" refer to Kern Federal Credit Union. The terms Internet Banking refer to Online Banking. Personal Identification Number You may select your own Personal Identification Number (PIN) that must be used with the Debit Card for transactions that require the use of a PIN. When you call to activate your new Debit Card you will be prompted to select a four (4)-digit number for your PIN. This number should be memorized-do NOT write it on your ATM or Debit Card. If you forget your PIN, contact the Credit Union for instructions during regular business hours at , or call for 24-hour customer service. Right To Receive Documentation Of Transactions You will get a monthly account statement reflecting all of your transactions unless there is no activity in a particular month. In any case you will get the statement at least quarterly. Depending on the terminal, you will receive, or you may choose to receive, a receipt at the time you make a transaction at a terminal. If you do receive a receipt, retain the receipt to compare with your monthly statement from the Credit Union. You may print a record of any individual transaction conducted through the Internet Banking Service at any time after the transaction is completed. You may also subsequently contact us if it is no more than three (3) months old. We may charge a fee for providing such a paper receipt, subject to our Rate and Fee Schedules. Your Liability For Lost, Stolen Or Unauthorized Transactions Involving Debit Cards Tell us AT ONCE if you believe your Debit Card and/or Personal Identification Number (PIN) has been lost or stolen or if your statement shows transfers that you did not make. 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 you have one with us). If you tell us within 60 days
2 of our sending your statement, you can lose no more than $50 if someone used your debit card without your permission. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the close of the 60 days and before notice to us. If your delay in notifying us was due to extenuating circumstances beyond your reasonable control, including extended travel, your or a member of your family's death or serious illness, hospitalization, permanent mental impairment or serious physical impairment, unless the circumstance did not reasonably contribute to your delay in notifying us within the 60-day period, we will extend the 60-day period by a reasonable period. Your Liability for Unauthorized Transactions and Advisability of Prompt Reporting. You must tell us AT ONCE if you believe your Debit Card, Credit Card or your Internet Banking, Debit Card or Credit Card PIN (collectively "Card(s) and/or PIN(s)") has been lost or stolen. Telephoning is the best way of keeping your possible losses down. A written notification to us should follow your telephone call. You could lose all the money in your account (plus your maximum overdraft line of credit). However, if you believe your Card(s) and/or PIN(s) has been lost or stolen, and you tell us within two (2) business days after you learn of the loss or theft, you can lose no more than $50 if someone used your Card(s), and/or PIN(s) 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(s) and/or PIN(s) and we can prove we could have stopped someone from using your Card(s) and/or PIN(s) without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, including those made by Card, PIN, or other means, you must 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 you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If you can document a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time period. Special Notice To MasterCard Debit Card Cardholders If there is an unauthorized use of your Debit MasterCard Card then your liability will be zero ($0.00) so long as: 1. You exercised reasonable care in safeguarding your card from risk of loss or theft; 2. You have not reported two or more incidents of unauthorized use within the preceding twelve (12) months; and 3. Your account is in good standing. If you cannot meet these requirements then your liability with respect to unauthorized transactions may be greater than the above zero ($0.00) liability limit, to the extent allowed under applicable law. In any case, to minimize your potential liability you should notify us of any unauthorized use no later than 60 days after your statement was mailed to you. This provision limiting your liability does not apply to either MasterCard commercial cards or
3 ATM cash disbursements. How To Notify The Credit Union In The Event Of An Unauthorized Transaction If you believe your Debit Card or PIN or your Internet Banking PIN has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call us at (800) 336-KERN (5376) or (661) , for Debit Cards please call us at You may write to us at P. O. Box 1667, Bakersfield, California Business Days The Downtown Branch business days are Monday through Friday, excluding holidays. The Riverlakes Branch business days are Monday through Saturday, excluding holidays. Our Liability For Failure To Make Transfers If we do not complete a transaction to or from your share or checking account on time or in the correct amount according to our agreement, there are some exceptions. We will NOT be liable, for instance, if: 1. Through no fault of ours, you do not have enough money in your account to make the transaction; 2. The transaction would go over the credit limit on your credit line; 3. The terminal where you were making the transaction did not have enough cash; 4. The ATM or Internet Banking or network system was not working properly and you were aware of the malfunction when you started the transaction; 5. Circumstances beyond our control (such as fire, flood, power failure, or computer downtime) prevented the transaction, despite reasonable precautions that we have taken; 6. The money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or agreement restricting a transaction; 7. Your Debit Card has expired, is damaged so that the terminal cannot read the encoding strip, is inactive or because your PIN or Internet Banking PIN has been entered incorrectly; 8. Your Debit Card or PIN has been reported lost or stolen and we have blocked the account; or 9. The failure to complete the transaction is done to protect the integrity of the system or to protect the security of your account. There may be other exceptions not specifically mentioned above. In Case Of Errors Or Questions About Your Electronic Transfers Telephone us at (800) 336-KERN (5376) or (661) or write us P. O. Box 1667, Bakersfield, California as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear
4 from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. 1. Tell us your name and account number (if any). 2. Describe the error or the transfer 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. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 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 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 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within three business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation. * If you give notice of an error within 30 days after you make the first deposit to your account, we will have 20 business days instead of 10 business days. ** If you notice an error within 30 days after you make the first deposit to your account, notice of an error involving a point of sale transaction, or notice of an error involving a transaction initiated outside the U.S. its possessions and territories, we will have 90 days instead of 45 to investigate. Charges In order to obtain the electronic services listed, you must open and maintain a share and/or checking account. All charges associated with our electronic fund transactions are disclosed in our Rate and Fee Schedules. Disclosure Of Account Information To Third Parties We will disclose information to third parties about your account or the transfers you make: 1. When it is necessary to complete the transaction; 2. In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; 3. In order to comply with government agency or court orders or other legal process; or 4. If you give us your prior oral or written permission.
5 Address Change Keep the Credit Union informed of your current address to insure correct mailing of monthly statements. Verification All transactions affected by use of the ATMs, POS terminals, Internet Banking, or other electronic transaction contemplated hereunder which would otherwise require your wet signature, or other authorization, shall be valid and effective as if wet signed by you when accomplished by use of an Debit Card, PIN, Internet Banking Service or PIN, or as otherwise authorized under this Agreement. Transactions accomplished after the close of normal business each day shall be deemed to have occurred on our next business day. Amendments The Credit Union may change the terms and conditions of this Agreement from time to time by mailing written notice to your address as it appears on our records. If any change results in greater cost or liability to you or decreases access to your Accounts, you will be given at least twenty-one (21) days prior notice of the change. Prior notice may not be given where an immediate change in terms or conditions is necessary to maintain the integrity of the system and/or the security of Debit Cards or designated accounts. Termination You may terminate this Agreement with us at any time. The Credit Union reserves the right to terminate this Agreement and/or your use of your Debit Card or PIN or Internet Banking Service or PIN with or without cause. We may do so immediately if: 1. You or any authorized user of your Debit Card, PIN, Internet Banking Service or PIN, or account breaches this or any other agreement with the Credit Union; 2. We have reason to believe that there has been, or might be, an unauthorized use of your Debit Card, PIN, Internet Banking Service or PIN, or account; or 3. You or any authorized user of your Debit Card, PIN, Internet Banking Service or PIN, or account request that we do so. Collection Costs You agree to pay the Credit Union our reasonable expenses, including court costs and attorney's fees, for enforcing our rights under this Agreement. Additional Benefits/Card Enhancements The Credit Union may from time to time offer additional services to your Account. Some may be at no additional cost to you and others may involve a specified fee. You understand that the
6 Credit Union is not obligated to offer such services and may withdraw or change them at any time. Waiver Of Rights The Credit Union can delay enforcing any of the provisions under this Agreement or the law any number of times without losing its right to enforce them at a later date. Other Agreements Except as stated otherwise in the Agreement, this Agreement does not alter or amend any of the terms or conditions of any other agreement you may have with the Credit Union. Severability If any part of this Agreement should be held to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. Who Is Bound By This Agreement Each person who signs the Application agrees to be bound by the terms and conditions of this Agreement. If more than one person signs the application, all signers are jointly and severally liable. The Credit Union can waive or delay enforcement of its rights as to one signer without affecting its ability to enforce its rights as to the other signers. The Agreement is also binding upon your heirs, personal representatives and successors. Signatures By using your access to the system, or authorizing anyone else to use your access to the system, and/or by signing the application, you agree to be bound by the terms and conditions of this Agreement and Disclosure. Consumer Reports The Credit Union makes credit available to its members on a regular basis. The Applicant(s)/Account Holder(s) of the account authorizes the Credit Union to obtain consumer reports in connection with credit and business transactions involving the Applicant(s)/Account Holder(s), including but not limited to applying for membership, the opening of a share or checking account or the issuance of an ATM card, check card, or other service provided by the Credit Union, and the Applicant(s)/ Account Holder(s) of the account authorize any person, association, or corporation to furnish on request of this Credit Union, information concerning the affairs of the Applicant(s)/Account Holder(s). The Applicant(s)/Account Holder(s) also authorizes the Credit Union to furnish information concerning the account to consumer reporting agencies.
7 Additional Disclosures Applicable To Preauthorized Payment Services If you have requested a preauthorized payment to a third party from your Credit Union Checking Account, the following applies to you. Account Access Preauthorized payments may be made from your Checking Account only. Right to Receive Documentation of Preauthorized Payment Initial Authorization You can get copies of the preauthorized payment documentation; from the third party being paid, at the time you give them the initial authorization. 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 such 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. Periodic Statement You will receive a monthly account statement for each month in which a transfer is made, but at least a quarterly statement if no transfers are made. Right to Stop Preauthorized Payment If you want to stop any of the preauthorized payments or revoke a preauthorized payment authorization, you must call us at: (661) , or write to us at P.O. Box 1667, Bakersfield, CA in time for us to receive your stop request no less than three (3) business days or more before the next payment is scheduled to be made. If you call, we may also require you to put confirmation of your request in writing at the above address and get it to us within fourteen (14) days after you call. An oral request ceases to be binding after fourteen (14) days if you have not provided us with your required written confirmation of your request. We will charge you for each stop payment or revocation request you give pursuant to our current Rate and Fee Schedules. If you have given us a request to revoke this entire preauthorized payment authorization, you understand and agree that you must also promptly contact the third party to cancel (revoke) the entire preauthorized payment authorization and provide us with a copy of your written revocation notice to the third party. Our Liability for Failure to Stop Payment If you order us to stop one of your preauthorized payments no less than 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, to the extent provided by law. Your Liability for Unauthorized Electronic Payments
8 You may be liable for unauthorized transfers made from your account by a third party. If you believe such transfer has occurred, you must follow the procedures outlined in the General Disclosures Applicable to All Electronic Services section for resolving errors. Please also refer to the section entitled Additional Disclosures Applicable to ATM Electronic Funds Transactions, Point of Sale Transactions, Audio Response Electronic Telephone Banking Transactions, Internet Banking Transactions, and Electronic Check Transactions. Additional Disclosures Applicable To Internet Banking And Bill Payment Services Internet Banking is our computer banking service that allows access to your accounts without assistance from our staff by using the Credit Union website and your own selected Internet Banking PIN. Minimum System Requirements In order to conduct transactions through the Service with us, you need a computer (in this Disclosure and Agreement, your computer and the related equipment are referred to together as your Computer ) with a web browser (either Netscape Navigator 4.0 or higher or Microsoft Internet Explorer 4.0 or higher), your member number, and Internet Banking PIN. YOU UNDERSTAND THAT THE CREDIT UNION DOES NOT MAKE ANY WARRANTIES ON EQUIPMENT, HARDWARE, SOFTWARE OR INTERNET PROVIDER SERVICE, OR ANY PART OF THEM, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CREDIT UNION IS NOT RESPONSIBLE FOR ANY LOSS, INJURY OR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE INTERNET PROVIDER, ANY RELATED SOFTWARE, OR THE CREDIT UNION S USE OF ANY OF THEM OR ARISING IN ANY WAY FROM THE INSTALLATION, USE, OR MAINTENANCE OF YOUR PERSONAL COMPUTER HARDWARE, SOFTWARE, OR OTHER EQUIPMENT. Account Access Internet Banking is available for your Share Account, Checking Accounts, Money Market Account and Personal Line of Credit Account and most other savings account(s) (with the exception of IRA accounts) and loan account(s) (including VISA) using your PIN specific to this service. Types of Available Transactions You may use your Internet Banking PIN for: 1. Balance inquiries. 2. Account history for up to at least the past twelve (12) months. 3. Transfer of funds among and between your accounts. 4. Transfers to other members' accounts. 5. Withdrawals from your Share Account(s) (except from IRAs) or Checking Account(s) or advances on your Personal Line of Credit made by Credit Union check issued in the name of the member appearing first on the Account Signature Card mailed to your address of record. 6. Loan payments by transfers from your Share Account, Checking Account or Money Market Account.
9 7. View account history or download account history. 8. Utilize the Bill Payment service from your designated checking account (requires you to enroll in the Bill Payment program). 9. We may offer additional services in the future and, if so, you will be notified of them. Limitations on Frequency and Dollar Amount of Transactions 1. Withdrawals from your Share Account(s) or Checking Account(s) or loan advances on your Personal Line of Credit, whether by check or transfer to other accounts are not limited in terms of minimum or maximum dollar amounts per transaction except as listed below. 2. All withdrawals and transfers from a Share or Checking Account are limited to the extent of clear funds available in the Account. 3. All loan advances are limited to the amount available from the Personal Line of Credit. 4. Bill Payments are limited in terms of the maximum dollar amount to $999, per payment. 5. There is no charge for Internet Banking. Authorization You authorize us to charge your designated checking account(s) for any transactions accomplished through the use of the Bill Payment service, including the amount of any recurring payment that you make, and all charges as shown in the Rate and Fee Schedules associated with Bill Payment service. You authorize us to transfer funds electronically between your designated checking account(s) according to your instructions initiated through Internet Banking. Eligibility You understand that in order to use Internet Banking, you must have an account in good standing and have a PIN with us. Internet Banking PIN You understand that you cannot use Internet Banking without a member identification number, which we refer to as a PIN. YOU AGREE THAT THE USE OF THE PIN CONSTITUTES A REASONABLE SECURITY PROCEDURE FOR ANY TRANSACTION. You are responsible for the safekeeping of your PIN and for all transactions made by use of Internet Banking. You will notify us immediately by phone and send written confirmation if your PIN is disclosed to anyone other than the joint owner of your account. If you disclose your PIN to anyone (including without limitation, an account aggregate service provider), however, you understand and agree that you have given them access to your account via Internet Banking and you are responsible for any such transaction. You understand and agree that you must change the PIN immediately to prevent transactions on your account if anyone not authorized by you has access to your PIN. You further understand and agree that your PIN is not transferable and you will not disclose it or permit any unauthorized use thereof. If you voluntarily subscribe to a third party account aggregation service where your selected Credit Union deposit and loan account(s) as well as your accounts at other financial/investment institutions may be accessed on a web-site, you may be requested to give your Credit Union PIN
10 to the aggregate service provider. You understand that by doing so, you are providing the aggregate service provider access to your account(s) at the Credit Union. Joint Accounts If you utilize the Service to access your Accounts, which are jointly owned, transactions performed on any such account by electronic means where your PIN is utilized shall be considered authorized by you. Fees Associated With Bill Payment You may be charged a Monthly Service Fee for the unlimited use of the Bill Payment feature. All applicable fees will be charged as set forth in our Rate and Fee Schedules. Bill Payment Services Agreement In addition to the Internet Banking terms and conditions, the following additional terms and conditions apply to Bill Payment services: To use Bill Payment services, you must enroll in the Bill Payment program. All payments made through Bill Payment service will be deducted from your designated checking account. Any payee you wish to pay through Bill Payment must be payable in U.S. Dollars. Each payee must appear on the payee list you create with us and the account you are paying must be in your name. You may not use Bill Payment service to make payments to a federal, state or local government or tax unit, or to other categories of payees that we may establish from time to time. You must allow sufficient time for the payee to receive and process the payment before the payment due date (the due date shown on your invoice or provided in your agreement with payee, not taking into account any grace period provided by payee). If you do not allow sufficient time, you will assume full responsibility for all late charges, finance charges, or other actions taken by payee. IMPORTANT: Payment may take up to five (5) days for each vendor (payee), as they are sent either electronically or by check. The Credit Union is not liable for any service or late charges levied against you. You may make arrangements to pay certain recurring bills from your designated checking account. The Bill Payment service provider is responsible only for exercising ordinary care in making payments upon your authorization and for mailing or sending a payment to the designated merchant in accordance with this Agreement. The Credit Union and the Bill Payment service provider are not liable for any damages you incur if you do not have sufficient funds in your designated checking account to make the payment on the processing date, if the estimated time to allow for delivery to the payee is inaccurate, or due to delays in mail delivery, changes of merchant address or account number, the failure of any merchant to credit the account correctly for the payment in a timely manner, or for any other circumstances beyond the control of the Credit Union or the Bill Payment service provider. We will overdraft from your Personal Line of Credit Account according to the instructions you have given us if there are not sufficient funds in the designated checking account. A written notice will be sent to you of transactions we are unable to process because of insufficient available funds. In all cases, you are responsible for either making alternate arrangements for the payment, or rescheduling the payment through Bill Payment service. Insufficient available funds will prevent us from making more payments until resolved. You authorize us, and any third-party acting on our behalf, to choose the most effective method to
11 process your payments. You will receive a transaction confirmation number for each properly instructed payment. Unless you receive a confirmation number, we shall not be liable for any failure to make a payment. We may charge your designated checking account on the day that a check or other transaction is presented to us directly or electronically for payment. The Credit Union reserves the right to refuse to make any payments, but we will notify you of any such refusal within three (3) business days following receipt of your process date. Under some circumstances, you may stop or modify some authorized payments. Payments designated as in process transactions cannot be stopped, canceled, or changed once your Bill Payment session is terminated. In order to request a stop payment or change a Bill Payment transaction designated, you must contact the Bill Payment service provider toll-free at (866) , 24 hours a day, 365 days a year. If you wish to cancel your Bill Payment service feature, you must notify us in writing at: Kern Federal Credit Union P.O. Box 1667, Bakersfield, CA You will be responsible for all payment instructions made prior to termination and for all other applicable charges and fees. You will cancel all outstanding payment orders with the payee(s) before notifying us to terminate this service feature. This Agreement, any user s manual, and the applicable fees and charges may be amended by us in the future. In the event of amendment, we shall send notice to you either by mail to your last known address or transmit such notice of the amendment over the Internet Banking Service. Your use of the Bill Payment service feature following the receipt of such notice constitutes acceptance of such amendment.