AGREEMENT - This document, along
with any other documents we give you pertaining to your
account(s), is a contract that establishes rules which
control your account(s) with us. Please read this carefully.
If you sign the signature card or open or continue to
have your account with us, you agree to these rules.
You will receive a separate schedule of rates, qualifying
balances, and fees if they are not included in this
document. If you have any questions, please call us.
This agreement is subject to applicable federal laws
and the laws of the state of Wisconsin (except to the
extent that this agreement can and does vary such rules
or laws). The body of state and federal law that governs
our relationship with you, however, is too large and
complex to be reproduced here. The purpose of this document
is to:
- summarize some laws that apply to common transactions;
- establish rules to cover transactions or events
which the law does not regulate;
- establish rules for certain transactions or events
which the law regulates but permits variation by agreement;
and
- give you disclosures of some of our policies to
which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable
according to its terms, all remaining provisions will
continue in full force and effect. We may permit some
variations from our standard agreement, but we must
agree to any variation in writing either on the signature
card for your account or in some other document.
As used in this document the words "we," "our," and
"us" mean the financial institution and the words "you"
and "your" mean the account holder(s) and anyone else
with the authority to deposit, withdraw, or exercise
control over the funds in the account. The headings
in this document are for convenience or reference only
and will not govern the interpretation of the provisions.
Unless it would be inconsistent to do so, words and
phrases used in this document should be construed so
the singular includes the plural and the plural includes
the singular. "Party" means a person who, by the terms
of an account, has a present right, subject to request,
to payment from the account other than as an agent.
A beneficiary of a P.O.D. account is a party only after
the account becomes payable to them by reason of their
surviving the original payee. A minor may be a party
to an account, subject to withdrawal restrictions of
Wisconsin law. Unless the context indicates otherwise,
"party" includes a guardian, conservator, personal representative,
or assignee, including an attaching creditor, of a party.
BYLAWS - Our bylaws, which we may amend from
time to time, establish basic rules about our credit
union policies and operations which affect your account
and membership. You may obtain a copy of the bylaws
on request. Our right to require you to give us notice
of your intention to withdraw funds from your account
is described in the bylaws. Unless we have agreed otherwise,
you are not entitled to receive any original item after
it is paid, although you may request that we send you
an item(s) or a copy of an item(s). Dividends are based
on current earnings and available earnings of the credit
union, after providing for required reserves.
LIABILITY - You agree, for yourself (and the
person or entity you represent if you sign as a representative
of another) to the terms of this account and the schedule
of charges. You authorize us to deduct these charges
directly from the account balance as accrued. You will
pay any additional reasonable charges for services you
request which are not covered by this agreement.
Each of you also agrees to be jointly and severally
(individually) liable for any account shortage resulting
from charges or overdrafts, whether caused by you or
another with access to this account. This liability
is due immediately, and can be deducted directly from
the account balance whenever sufficient funds are available.
You have no right to defer payment of this liability,
and you are liable regardless of whether you signed
the item or benefited from the charge or overdraft.
This includes liability for our costs to collect the
deficit including, to the extent permitted by law, our
reasonable attorneys' fees.
DEPOSITS - We will give only provisional credit
until collection is final for any items, other than
cash, we accept for deposit (including items drawn "on
us"). Actual credit for deposits of, or payable in,
foreign currency will be at the exchange rate in effect
on final collection in U.S. dollars. We are not responsible
for transactions by mail or outside depository until
we actually record them. We will treat and record all
transactions received after our "daily cutoff time"
on a business day we are open, or received on a day
we are not open for business, as if initiated on the
next following business day that we are open.
WITHDRAWALS - Unless clearly indicated otherwise
on the account records, any of you, acting alone, who
signs in the space designated for signatures on the
signature card may withdraw or transfer all or any part
of the account balance at any time. Each of you (until
we receive written notice to the contrary) authorizes
each other person signing the signature card to indorse
any item payable to you or your order for deposit to
this account or any other transaction with us. We may
charge your account for a check even though payment
was made before the date of the check, unless we have
received written notice of the postdating in time to
have a reasonable opportunity to act. We may refuse
any withdrawal or transfer request which you attempt
on forms not approved by us, by any method we do not
specifically permit, which is greater in number than
the frequency permitted, or which is for an amount greater
or less than any withdrawal limitations. Even if we
honor a nonconforming request, we may treat continued
abuse of the stated limitations (if any) as your act
of closing the account. We will use the date the transaction
is completed by us (as opposed to the date you initiate
it) to apply the frequency limitations. The fact that
we may honor withdrawal requests that overdraw the available
account balance does not obligate us to do so later.
See the funds availability policy disclosure for information
about when you can withdraw funds you deposit. For those
accounts for which our funds availability policy disclosure
does not apply, you can ask us when you make a deposit
when those funds will be available for withdrawal.
OWNERSHIP OF ACCOUNT AND BENEFICIARY DESIGNATION
- These rules apply to this account depending on
the form of ownership and beneficiary designation, if
any, specified on the account records. We reserve the
right to refuse some forms of ownership on any or all
of our accounts. We make no representations as to the
appropriateness or effect of the ownership and beneficiary
designations, except as they determine to whom we pay
the account funds.
Single-Party Account - Such an account is owned
by one party.
Joint Survivorship Account (Not As Tenants In Common)
- Such an account is issued in the name of two or
more persons. Each of you intend that upon your death
the balance in the account (subject to any previous
pledge to which we have consented) will belong to the
survivor(s). If two or more of you survive, you will
own the balance in the account as joint tenants with
survivorship and not as tenants in common.
Marital Account - is an account established
without the right of survivorship by two parties who
claim to be husband and wife and is payable on request
to either or both parties.
Joint Account - No Survivorship (As Tenants In
Common) - is an account, other than a Marital Account
or Joint Survivorship Account, owned by two or more
parties and payable on request to one of two or more
parties. The parties do not intend (merely by opening
this account) to create any right of survivorship in
any other party. We encourage the parties to agree and
tell us in writing of the percentage of the deposit
contributed by each of you. This information will not,
however, affect the "number of signatures" necessary
for withdrawal.
Single Account or Joint Survivorship Account with
P.O.D. Beneficiaries - Pay-on-death beneficiaries
acquire the right to withdraw only if: (1) all parties
creating the account die, and (2) the beneficiary is
then living. If two or more beneficiaries are named
and survive the death of all persons creating the account,
such beneficiaries will own this account in equal shares,
without right of survivorship. The person(s) creating
this account type reserve the right to: (1) change beneficiaries,
(2) change account types, and (3) withdraw all or part
of the deposit at any time.
Marital Account with P.O.D. Beneficiaries - Upon
the death of either party, 50% of the funds on deposit
are owned by the survivor and 50% are owned by the P.O.D.
beneficiary(ies) named by the deceased party. If two
or more beneficiaries are named by a party and survive
the death of the party, they shall equally share the
50% that they own, without right of survivorship. The
persons creating this account type reserve the right
to: (1) change beneficiaries, (2) change account types,
and (3) withdraw all or part of the deposit at any time.
BUSINESS ACCOUNTS - Earnings in the form of
interest, dividends, or credits will be paid only on
collected funds, unless otherwise provided by law or
our policy. We may require the governing body of the
legal entity opening the account to give us a separate
authorization telling us who is authorized to act on
its behalf. We will honor the authorization until we
actually receive written notice of a change from the
governing body of the legal entity.
STOP PAYMENTS - You must make any stop-payment
order in the manner required by law and we must receive
it in time to give us a reasonable opportunity to act
on it before our stop-payment cutoff time. To be effective,
your stop-payment order must precisely identify the
number, date and amount of the item, and the payee.
You may stop payment on any item drawn on your account
whether you sign the item or not, if you have an equal
or greater right to withdraw from this account than
the person who signed the item. A release of the stop-payment
request may be made only by the person who initiated
the stop-payment order.
Our stop-payment cutoff time is one hour after the
opening of the next banking day after the banking day
on which we receive the item. Additional limitations
on our obligation to stop payment are provided by law
(e.g., we paid the item in cash or we certified the
item).
TELEPHONE TRANSFERS - A telephone transfer
of funds from this account to another account with us,
if otherwise arranged for or permitted, may be made
by the same persons and under the same conditions generally
applicable to withdrawals made in writing. Unless a
different limitation is disclosed in writing, we restrict
the number of transfers from a savings account to another
account or to third parties, to a maximum of six per
month (less the number of "preauthorized transfers"
during the month). Other account transfer restrictions
may be described elsewhere.
AMENDMENTS AND TERMINATION - We may change
our bylaws and any term of this agreement. Rules governing
changes in rates are provided separately. For other
changes we will give you reasonable notice in writing
or by any other method permitted by law. We may close
this account if your membership in the credit union
terminates, or by giving reasonable notice to you and
tender of the account balance personally or by mail.
At our option, we may suspend your rights to member
services if you violate the terms of this agreement.
You must keep us informed of your current address at
all times. Notice from us to any one of you is notice
to all of you.
STATEMENTS - You must examine your statement
of account with "reasonable promptness." If you discover
(or reasonably should have discovered) any unauthorized
signatures or alterations, you must promptly notify
us of the relevant facts. As between you and us, if
you fail to do either of these duties, you will have
to either share the loss with us, or bear the loss entirely
yourself (depending on whether we used ordinary care
and, if not, whether we substantially contributed to
the loss). The loss could be not only with respect to
items on the statement but other items with unauthorized
signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement
and report to us will depend on the circumstances, but
will not, in any circumstance, exceed a total of 30
days from when the statement is first sent or made available
to you.
You further agree that if you fail to report any unauthorized
signatures, alterations, forgeries, or any other errors
in your account within 60 days of when we first send
or make the statement available, you cannot assert a
claim against us on any items in that statement, and
as between you and us the loss will be entirely yours.
This 60-day limitation is without regard to whether
we used ordinary care. The limitation in this paragraph
is in addition to that contained in the first paragraph
of this section.
ACCOUNT TRANSFER - This account may not be
transferred or assigned without our prior written consent.
DIRECT DEPOSITS - If, in connection with a
direct deposit plan, we deposit any amount in an account
which should have been returned to the Federal Government
for any reason, you authorize us to deduct the amount
of our liability to the Federal Government from the
account or from any other account you have with us,
without prior notice and at any time, except as prohibited
by law. We may also use any other legal remedy to recover
the amount of our liability.
TEMPORARY ACCOUNT AGREEMENT - If this option
is selected, this is a temporary account agreement.
Each person who signs in the space designated for signatures
on the signature card (except as indicated to the contrary)
may transact business on this account. However, we may
at some time in the future restrict or prohibit further
use of this account if you fail to comply with the requirements
we have imposed within a reasonable time.
RIGHT TO REPAYMENT OF INDEBTEDNESS - You each
agree that we may (without prior notice and when permitted
by law) charge against and deduct from this account
any due and payable debt owed to us now or in the future,
by any of you having the right of withdrawal, to the
extent of such persons' or legal entity's right to withdraw.
If a joint or P.O.D. account requires the signatures
of all of the parties for purposes of withdrawal then
the account shall be subject to setoff to the extent
of the net contributions of the debtor party to the
account. If the debt arises from a note, "any due and
payable debt" includes the total amount of which we
are entitled to demand payment under the terms of the
note at the time we charge the account, including any
balance the due date for which we properly accelerate
under the note.
In addition to these contract rights, we may also
have rights under a "statutory lien." A "lien" on property
is a creditor's right to obtain ownership of the property
in the event a debtor defaults on a debt. A "statutory
lien" is one created by federal or state statute. If
federal or state law provides us with a statutory lien,
then we are authorized to apply, without prior notice,
your shares and dividends to any debt you owe us, in
accord with the statutory lien.
Neither our contract rights nor rights under a statutory
lien apply to this account if: (a) it is an Individual
Retirement Account or other tax-deferred retirement
account, or (b) the debt is created by a consumer credit
transaction under a credit card plan (but this does
not affect our rights under any consensual security
interest), or (c) the debtor's right of withdrawal arises
only in a representative capacity. We will not be liable
for the dishonor of any check or draft when the dishonor
occurs because we charge and deduct an amount you owe
us from your account. You agree to hold us harmless
from any claim arising as a result of our exercise of
our right to repayment.
AUTHORIZED AGENT - An authorized agent is a
person who by the terms of the account, has a present
right, subject to request, to payment from the account
on behalf of all of the parties to the account.
RESTRICTIVE LEGENDS - We are not required to
honor any restrictive legend on checks you write unless
we have agreed in writing to the restriction. Examples
of restrictive legends are "must be presented within
90 days" or "not valid for more than $1,000.00."
PAYMENT ORDER OF ITEMS - The law permits us
to pay items (such as checks or drafts) drawn on your
account in any order. To assist you in handling your
account with us, we are providing you with the following
information regarding how we process the items that
you write. When processing items drawn on your account,
our policy is to pay them in the order that they are
received. The order in which items are paid is important
if there is not enough money in your account to pay
all of the items that are presented. There is no policy
that is favorable in every instance. If the smallest
items are paid first, you may have fewer NSF or overdraft
fees, but the largest, and perhaps more important items
(such as rent or mortgage payments) might not be paid.
If an item is presented without sufficient funds in
your account to pay it, we may, at our discretion, pay
the item (creating an overdraft) or return the item
(NSF). The amounts of the overdraft and NSF fees are
disclosed elsewhere. By paying items in the order that
we receive them, we think our policy attains a reasonable
balance between minimizing additional cost to you and
paying your more important items. We encourage you to
make careful records and practice good account management.
This will help you to avoid writing checks or drafts
without sufficient funds and incurring the resulting
fees.
STALE-DATED CHECKS - We are not obligated to,
but may at our option, pay a check, other than a certified
check, presented for payment more than six months after
its date. If you do not want us to pay a stale-dated
check, you must place a stop-payment order on the check
in the manner we have described elsewhere.
PLEDGES - Unless we agree otherwise in writing,
each owner of this account may pledge all or any part
of the funds in it for any purpose to which we agree.
Any pledge of this account must first be satisfied before
the rights of any surviving account owner or account
beneficiary become effective.
ACH AND WIRE TRANSFERS - This agreement is
subject to Article 4A of the Uniform Commercial Code
- Fund Transfers as adopted in the state in which you
have your account with us. If you originate a fund transfer
for which Fedwire is used, and you identify by name
and number a beneficiary financial institution, an intermediary
financial institution or a beneficiary, we and every
receiving or beneficiary financial institution may rely
on the identifying number to make payment. We may rely
on the number even if it identifies a financial institution,
person or account other than the one named. You agree
to be bound by automated clearing house association
rules. These rules provide, among other things, that
payments made to you, or originated by you, are provisional
until final settlement is made through a Federal Reserve
Bank or payment is otherwise made as provided in Article
4A-403(a) of the Uniform Commercial Code. If we do not
receive such payment, we are entitled to a refund from
you in the amount credited to your account and the party
originating such payment will not be considered to have
paid the amount so credited. If we receive a credit
to an account you have with us by wire or ACH, we are
not required to give you any notice of the payment order
or credit.
FACSIMILE SIGNATURES - You authorize us, at
any time, to charge you for all checks, drafts, or other
orders, for the payment of money, that are drawn on
us regardless of by whom or by what means the facsimile
signature(s) may have been affixed so long as they resemble
the facsimile signature specimen filed with us, and
contain the required number of signatures for this purpose.
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