TERMS AND CONDITIONS OF YOUR ACCOUNT
IMPORTANT INFORMATION ABOUT
PROCEDURES FOR OPENING A NEW ACCOUNT - To help the government
fight the funding of terrorism and money laundering activities, federal law
requires all financial institutions to obtain, verify, and record information
that identifies each person who opens an account. What this means for you: When
you open an account, we will ask for your name, address, date of birth, and
other information that will allow us to identify you. We may also ask to see
your driver's license or other identifying documents.
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 and retain it
for future reference. If you sign the signature card or open or continue to use
the account, 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, the laws of the state of Oklahoma and other
applicable rules such as the operating letters of the Federal Reserve Banks and
payment processing system rules (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:
1.summarize
some laws that apply to common transactions;
2.establish
rules to cover transactions or events which the law does not regulate;
3.establish
rules for certain transactions or events which the law regulates but permits
variation by agreement; and
4.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. However, this agreement does
not intend, and the terms “you” and “your" should not be interpreted, to
expand an individual’s responsibility for an organization’s liability. If this
account is owned by a corporation, partnership or other organization,
individual liability is determined by the laws generally applicable to that
type of organization. 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.
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, without notice to you, 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.
You will
be liable for our costs as well as for our reasonable attorneys’ fees, to the
extent permitted by law, whether incurred as a result of
collection or in any other dispute involving your account. This includes, but is not limited to. disputes between you and
another joint owner; you and an authorized signer or similar party; or a third
party claiming an interest in your account. This also includes any action that
you or a third party takes regarding the account that causes us, in good faith,
to seek the advice of an attorney, whether or not we
become involved in the dispute. All costs and attorneys’ fees can be deducted
from your account when they are incurred, without notice to you.
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").
Before settlement of any item becomes final, we act only as your agent,
regardless of the form of indorsement or lack of indorsement on the item and
even though we provide you provisional credit for the item. We may reverse any
provisional credit for items that are lost, stolen, or returned. 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 business day that we are open. At our option, we may take an item for
collection rather than for deposit. If we accept a third-party check for
deposit, we may require any third- party indorsers to
verify or guarantee their indorsements, or indorse in
our presence.
WITHDRAWALS -
Generally - Unless clearly indicated
otherwise on the account records, any of you, acting alone, who signs to open the
account or has authority to make withdrawals 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 who signs or has
authority to make withdrawals to indorse any item payable to you or your order
for deposit to this account or any other transaction with us.
Postdated checks - A
postdated check is one which bears a date later than the date on which the
check is written. We may properly pay and charge your account for a postdated
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. Because we process checks mechanically, your notice will
not be effective and we will not be liable for failing
to honor your notice unless it precisely identifies the number, date, amount
and payee of the item.
Checks and withdrawal rules - If you
do not purchase your check blanks from us, you must be certain that we approve
the check