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FIRSTENERGY FAMILY Credit Union, Inc. ELECTRONIC FUND TRANSFERS AGREEMENT AND DISCLOSURE

This Electronic Fund Transfers Agreement and Disclosure is the contract which covers your and our rights and responsibilities concerning the electronic fund transfers (EFT) services offered to you by FirstEnergy Family Credit Union Inc (“Credit Union”). In this Agreement, the words “you,” “your,” 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 (1) or more share accounts you have with the Credit Union. Electronic fund transfers are electronically initiated transfers of money from your account through the EFT services described below. By signing an application or account card for EFT services, 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. Furthermore, electronic fund transfers that meet the definition of remittance transfers are governed by 12 C.F.R. part 1005, subpart B—Requirements for remittance transfers, and consequently, terms of this agreement may vary for those types of transactions. A “remittance transfer” is an electronic transfer of funds of more than $15.00 which is requested by a sender and sent to a designated recipient in a foreign country by a remittance transfer provider. Terms applicable to such transactions may vary from those disclosed herein and will be disclosed to you at the time such services are requested and rendered in accordance with applicable law.

  1. EFT SERVICES — If approved, you may conduct any one (1) or more of the EFT services offered by the Credit Union.

    1. Preauthorized EFTs.

      • Direct Deposit. Upon instruction of (i) your employer, (ii) the Treasury Department, or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or federal recurring payments, such as Social Security, to your share account.
      • Preauthorized Debits. Upon instruction, we will pay certain recurring transactions from your share account.
      • See Section 2 for transfer limitations that may apply to these transactions.
      • Stop Payment Rights. If you have arranged in advance to make electronic fund transfers out of your account(s) for money you owe others, you may stop payment on preauthorized transfers 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 14 days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding 14 days after it has been made. A stop payment request may apply to a single transfer, multiple transfers, or all future transfers as directed by you, and will remain in effect unless you withdraw your request or all transfers subject to the request have been returned.
      • 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.

    2. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for purchases or bills with a check or draft, you may authorize your check or draft to be converted to an electronic fund transfer. You may also authorize merchants or other payees to electronically debit your account for returned check fees. You are considered to have authorized these electronic fund transfers if you complete the transaction after being told (orally or by a notice posted or sent to you) that the transfer may be processed electronically or if you sign a written authorization.

    3. FEFCU Online Banking. If FEFCU Online Banking is activated for your account(s), you will be required to use secure login information to access the account(s). At the present time, you may use FEFCU Online Banking to:

      • Withdraw funds from your share accounts.
      • Transfer funds from your share accounts.
      • Obtain balance information for your share and loan accounts.
      • Make loan payments from your share accounts.
      • Obtain online statements.

      Your accounts can be accessed under FEFCU Online Banking via personal computer. FEFCU Online Banking will be 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 are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction, and there may be limits on the duration of each access.

      The following limitations on FEFCU Online Banking transactions may apply:

      • There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
      • The maximum withdrawal or transfer amount is $2,500.00 per day, and no transfer or withdraw may exceed the available funds in your account.
      • See Section 2 for transfer limitations that may apply to these transactions.

    4. FEFCU Mobile Banking. If FEFCU Mobile Banking is activated for your account(s), you will be required to use secure login information to access the account(s). At the present time, you may use FEFCU Mobile Banking to:

      • Withdraw funds from your share and club accounts.
      • Transfer funds from your share and club accounts.
      • Obtain balance information for your share, loan, club, and certificate accounts.
      • Make loan payments from your share and club accounts.
      • Obtain tax information on amounts earned on share accounts or interest paid on loan accounts.
      • Verify the last date and amount of your payroll deposit.
      • Make deposits using Remote Deposit Capture, see separate Terms and Conditions for more details.

      Your accounts can be accessed under FEFCU Mobile Banking via mobile device or other approved access device(s). FEFCU Mobile Banking will be 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 are payable to you as a primary member and will be mailed to your address of record. We may set other limits on the amount of any transaction, and you will be notified of those limits. We may refuse to honor any transaction for which you do not have sufficient available verified funds. The service will discontinue if no transaction is entered after numerous unsuccessful attempts to enter a transaction and there may be limits on the duration of each access.

      The following limitations on FEFCU Mobile Banking transactions may apply:

      • There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one (1) day.
      • The maximum withdrawal or transfer amount is $2,500.00 per day, and no transfer or withdraw may exceed the available funds in your account.
      • The maximum deposit via Remote Deposit Capture is $2,500.00 per day and $20,000.00 per month.
      • See Section 2 for transfer limitations that may apply to these transactions.

  2. TRANSFER LIMITATIONS — None.

  3. CONDITIONS OF EFT SERVICES

    1. Security of Access Code. You may use one (1) or more access codes with your electronic fund transfers. The access codes issued to you are for your security purposes. Any access codes issued to you are confidential and should not be disclosed to third parties. You are responsible for safekeeping your access codes. You agree not to disclose or otherwise make your access codes available to anyone not authorized to sign on your accounts. If you authorize anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your EFT services immediately.

    2. 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 share or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may, and is hereby authorized by every other joint account owner, make any transaction permitted under this Agreement. Each joint account 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 account owner.

  4. FEES AND CHARGES — We assess certain fees and charges for EFT services. From time to time, the fees and charges may be changed, and we will notify you as required by applicable law.

    1. Preauthorized EFT Fees.

      • Nonsufficient funds fee of $20.00 per submission/resubmission of an item.
      • ACH return fee of $20.00.

  5. MEMBER LIABILITY — TELL US AT ONCE if you believe your access code has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days after you learn of the loss or theft or your card or access code, you can lose no more than $50.00 if someone uses your access code without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your access code and we can prove that we could have stopped someone from using your access code without your permission if you had told us, you could lose as much as $500.00.

    Also, if your statement shows transfers that you did not make including those made by access code or other means, TELL US AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods.

    If you believe your access code has been lost or stolen or that someone has transferred or may transfer money from your accounts without your permission, call:

    (330) 535-3611
    or write to:

    FirstEnergy Family Credit Union Inc
    575 White Pond Dr. Suite E
    Akron, OH 44320-1184

    You should also call the number or write to the address listed above if you believe a transfer has been made using the information fromyour check without your permission.

  6. RIGHT TO RECEIVE DOCUMENTATION

    1. Periodic Statements. Transfers and withdrawals made through any preauthorized EFTs, online/PC transactions or mobile access device transactions will be recorded on your periodic 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.

    2. Direct Deposit. If you have arranged to have a direct deposit made to your account at least once every 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 (330) 535-3611. This does not apply to transactions occurring outside the United States.

  7. ACCOUNT INFORMATION DISCLOSURE — We will disclose information to third parties about your account or the transfers you make:

    • As necessary to complete transfers;
    • 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;
    • To comply with government agency or court orders; or
    • If you give us your written permission.

  8. BUSINESS DAYS — Our business days are Monday through Friday, excluding holidays.

  9. 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:

    • If, through no fault of ours, there is an insufficient available balance in your account to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit.
    • If you used your access code in an incorrect manner.
    • If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
    • If the money in your account is subject to legal process or other claim.
    • If funds in your account are pledged as collateral or frozen because of a delinquent loan.
    • If the electronic transfer is not completed as a result of your willful or negligent use of your access code or any EFT facility for making such transfers.
    • If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
    • Any other exceptions as established by the Credit Union.

  10. NOTICES — All notices from us will be effective when we have mailed them or delivered them to the appropriate address in the Credit Union’s records. Written notice you provide in accordance with your responsibility to report unauthorized transactions to us will be considered given at the time you mail the notice or deliver it for transmission to us by any other usual means. All other 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 EFT services are offered and will provide notice to you in accordance with applicable law. Use of EFT services is subject to existing regulations governing your Credit Union account and any future changes to those regulations.

  11. BILLING ERRORS — In case of errors or questions about electronic fund transfers from your share accounts or if you need more information about a transfer on the statement or receipt, telephone us at the following number or send us a written notice to the following address as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem appears. Call us at:

    (330) 535-3611

  12. or write to:
    FirstEnergy Family Credit Union Inc
    575 White Pond Dr. Suite E
    Akron, OH 44320-1184

    • Tell us your name and account number.
    • Describe the electronic 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.
    • 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 ten (10) business days.

    We will determine whether an error has 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 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 our 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.

    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.

    * If you give notice of an error occurring within 30 days after you make the first deposit to your account, we may take up to 20 business days instead of ten (10) business days to investigate the error.

    ** If you give notice of an error occurring within 30 days after you make the first deposit to your account or notice of an error involving a transaction initiated outside the U.S., its possessions and territories, we may take up to 90 days instead of 45 days to investigate the error. Additionally, for errors occurring within 30 days after you make the first deposit to your account, we may take up to 20 business days instead of ten (10) business days to credit your account.

  13. 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 your use of your access code. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this Agreement at any time by notifying you orally or in writing. If we 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 access code 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 electronic transactions made prior to termination.

  14. 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 Ohio, 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.

  15. ENFORCEMENT — You are liable to us for any losses, costs or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such losses, costs or expenses from your account without prior notice to you. If we bring a legal action to collect any amount due under or to enforce this Agreement, we shall be entitled, subject to applicable law, to payment of reasonable attorney’s fees and costs, including fees on any appeal, bankruptcy proceedings, and any postjudgment collection actions.