Disclosures & Agreements

MEMBERSHIP AND ACCOUNT AGREEMENT
This Agreement covers your and our rights and responsibilities concerning Accounts Westerra Credit Union (Credit Union) offers. In this Agreement, the words “you” and “yours” mean anyone who signs an Account Card or Account Change Card (Account Card). The words “we,” and “our” mean the Credit Union. The word “account” means any one or more shares or other accounts you have with the Credit Union.

Your account type(s) and ownership features are designated on your Account Card. By signing an Account Card, each of you, jointly and severally, agree to the terms and conditions in this Agreement and Account Card, the Funds Availability (Rate and Fee Schedule), and any Account Receipt accompanying this Agreement, and the Credit Union’s Bylaws and policies, and any amendments to these documents, from time to time, which collectively govern your Membership and Accounts.

1. Membership Eligibility. To join the Credit Union you must meet the membership requirements including purchase and maintenance of at least one (1) share (“membership share”) as set forth in the Credit Union’s Bylaws. You authorize us to check your account, credit, and employment history, and obtain reports from third parties, including credit reporting agencies, to verify your eligibility for the accounts and services you request.

2. Single Party Accounts. A single party account is an account owned by one member (individual, corporation, partnership, trust or other organization) qualified for credit union membership. If the account owner dies, the interest passes, subject to applicable law, to the decedent’s estate or Payable on Death (POD) beneficiary/payee or trust beneficiary, subject to other provisions of this Agreement governing our protection for honoring transfer and withdrawal requests of an owner or owner’s agent prior to notice of an owner’s death.

3. Multiple Party Accounts. An account owned by two or more persons is a multiple party account.

a. Right of Survivorship. Unless otherwise stated on the Account Card, a multiple party account includes rights of survivorship. This means when one owner dies, all sums in the account will pass to the surviving owner(s). For a multiple party account without rights of survivorship, the deceased owner’s interest passes to his or her estate. A surviving owner’s interest is subject to the Credit Union’s statutory lien for the deceased owner’s obligations, and to any security interest or pledge granted by a deceased owner, even if a surviving owner did not consent to it.

b. Control of Multiple Party Accounts. Any owner is authorized and deemed to act for any other owner(s) and may instruct us regarding transactions and other account matters. Each owner guarantees the signature of any other owner(s). Any owner may withdraw all funds, stop payment on items, transfer, or pledge to us all or any part of the shares without the consent of the other owner(s). We have no duty to notify any owner(s) about any transaction. We reserve the right to require written consent of all owners for any change to or termination of an account. If we receive written notice of a dispute between owners or inconsistent instructions from them, we may suspend or terminate the account and require a court order or written consent from all owners to act.

c. Multiple Party Account Owner Liability. If a deposited item in a multiple party account is returned unpaid, an account is overdrawn, or if we do not receive final payment on a transaction, the owners, jointly and severally, are liable to us for the amount of the returned item, overdraft, or unpaid amount and any charges, regardless of who initiated or benefited from the transaction.

4. POD/Trust Account Designations. A Payable On Death (POD) account or trust account designation is an instruction to the Credit Union that a single or multiple party account so designated is payable to the owner(s) during his, her or their lifetimes and when the last account owner dies, payable to any named and surviving POD or trust beneficiary/payee. Accounts payable to more than one surviving beneficiary/payee are owned jointly by such beneficiaries/payee without rights of survivorship. Any POD or trust beneficiary/payee designation shall not apply to Individual Retirement Accounts (IRAs) which are governed by a separate beneficiary/payee designation. We are not obligated to notify any beneficiary/payee of the existence of any account or the vesting of the beneficiary/payee’s interest in any account, except as otherwise provided by law.

5. Accounts for Minors. We may require any account established by a minor to be a multiple party account with an owner who has reached the age of majority under state law and who shall be jointly and severally liable to us for any returned item, overdraft, or unpaid charges or amounts on such account. We may pay funds directly to the minor without regard to his or her minority. Unless a guardian or parent is an account owner, the guardian or parent shall not have any account access rights. We have no duty to inquire about the use or purpose of any transaction. We will not change the account status when the minor reaches the age of majority, unless authorized in writing by all account owners.

6. Uniform Transfers/Gifts to Minor Account. A Uniform Transfers/Gifts to Minors Accounts (UTTMA/UGMA) is an individual account created by a custodian who deposits funds as an irrevocable gift to a minor. The minor to whom the gift is made is the beneficiary of the custodial property in the account. The custodian has possession and control of the account for the exclusive right and benefit of the minor and barring a court order otherwise, is the only party entitled to make deposits, withdrawal, or close the account. We have no duty to inquire about the use or purpose of any transaction if the custodian dies, we may suspend the account, until we receive instructions from any person authorized by law to withdraw funds or a court order authorizing withdrawal.

7. Agency Designation on an Account. An agency designation on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent.

8. Deposit of Funds Requirements. Funds may be deposited to any account, in any manner approved by the Credit Union in accordance with the requirements set forth on the Rate and Fee Schedule.

a. Endorsements. We may accept transfers, checks, drafts, and other items for deposit into any of your accounts if they are made payable to, or to the order of, one or more account owners even if they are not endorsed by all payees. You authorize us to supply missing endorsements of any owners if we choose. If a check, draft or item that is payable to two or more persons is ambiguous as to whether it is payable to either or both, we may process the check, draft or item as though it is payable to either person. If an insurance, government, or other check or draft requires an endorsement as set forth on the back of the check or draft, we may require endorsement as set forth on the item. Endorsements must be made on the back of the share draft or check within 1 inch from the top edge, although we may accept endorsements outside this space. However, any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you or any prior endorser will be your responsibility.

b. Collection of Items. We act only as your agent and we are not responsible for handling items for deposit or collection beyond the exercise of ordinary care. Deposits made by mail or at unstaffed facilities are not our responsibility until we receive them. We are not liable for the negligence of any correspondent or for loss in transit and each correspondent will only be liable for its own negligence. We may send any item for collection. Items drawn on an institution located outside the United States are handled on a collection basis only. You waive any notice of nonpayment, dishonor, or protest regarding items we purchased or receive for credit or collection to your accounts.

c. Final Payment. All items or Automated Clearing House (ACH) transfers credited to your account are provisional until we receive final payment. If final payment is not received, we may charge your account for the amount of such items or ACH transfers and impose a return item charge on your account. Any collection fees we incur may be charged to your account. We reserve the right to refuse or return any item or funds transfer.

d. Direct Deposits. We may offer preauthorized deposits e.g., payroll checks, Social Security or retirement checks, or other government checks or preauthorized transfers from other accounts. You must authorize each direct deposit or preauthorized transfer by filling out a separate form. You must notify us at least thirty (30) days in advance to cancel or change a direct deposit or transfer option. Upon a bankruptcy filing, unless you cancel an authorization we will continue making direct deposits in accordance with your authorization on file with us. If we are required to reimburse the U.S. Government for any benefit payment directly deposited into your account, or if we return any other directly deposited funds to the originator, we may deduct the amount returned from any of your accounts, unless prohibited bylaw.

e. Crediting of Deposits. Deposits made after the deposit cut-off time and deposits made on either holidays or days that are not our business days will be credited to your account on the next business day.

9. Account Access.
a. Authorized Signature. Your signature on the Account Card authorizes your account access. We will not be liable for refusing to honor any item or instruction, if we believe the signature is not genuine. If you have authorized the use of a facsimile signature, we may honor any draft that appears to bear your facsimile signature, even if it was made by an unauthorized person. You authorize us to honor transactions initiated by a third person to which you have given your account number even if you do not authorize a particular transaction.

b. Access Options. You may withdraw or transfer funds from your account(s) in any manner we permit (e.g., at an automated teller machine, in person, by mail, automatic transfer, or telephone, as applicable). We may return as unpaid any draft drawn on a form we do not provide, and you are responsible for any loss we incur handling such a draft. We have the right to review and approve any form of power of attorney and may restrict account withdrawals or transfers. We are under no obligation to honor any power of attorney.

c. ACH & Wire Transfers. If we provide the service, you may initiate or receive credit or debits to your account through wire or ACH transfer. You agree that if you receive funds by a wire or ACH transfer, we are not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. We may provisionally credit your account for an ACH transfer before we receive final settlement. We may reverse the provisional credit or you will refund us the amount if we do not
receive final settlement. When you initiate a wire transfer, you may identify either the recipient or any financial institution by name and by account or identifying number. The Credit Union (and other institutions) may rely on the account or other identifying number as the proper identification even if it identifies a different party or institution.

d. Credit Union Examination. We may disregard information on any draft or check, other than the signature of the drawer, the amount and any magnetic encoding. You agree we do not fail to exercise ordinary care in paying an item solely because our procedures do not provide for examination of items.

10. Account Rates and Fees. We pay dividends on your Regular Savings account. We pay interest on all other accounts we offer. The Interest Rate or Dividend Rate, as applicable, and Annual Percentage Yield (APY) on your account(s) are set forth on the Credit Union Rate Sheet. The Annual Percentage Yield is a percentage rate that reflects the total amount of interest or dividends to be paid on an account based on the interest rate or dividend rate and frequency of compounding for an annual period. The Interest Rate or Dividend Rate and Annual Percentage Yield on accounts other than term accounts may change without notice as determined by the Westerra Credit Union Board of Directors. Fees associated with any accounts are set forth on our Schedule of Fees.

11. Nature of Dividends. Dividends are paid from current income and available earnings at the end of the dividend period. The Dividend Rate and APY are the prospective rates and yields that the Credit Union anticipates paying for the applicable dividend period.

12. Accrual of Interest or Dividends. Interest or dividends will begin to accrue on cash and non-cash deposits (e.g., checks) on the business day after you make the deposit to your account. For any deposit account at the Credit Union, interest and dividends are computed on the balance in the account at the beginning of the business day. Interest and dividends are calculated using the daily balance method by applying a daily periodic rate to the principal in the account each day. For Money Market Accounts, no interest will be paid for those days that the balance falls below the minimum. If you close any deposit account at the Credit Union before accrued interest or dividends are credited, accrued interest or dividends will not be paid.

13. Transaction Limitations.
a. Withdrawal Restrictions. We permit withdrawals only if your account has sufficient available funds to cover the full amount of the withdrawal or you have an established overdraft protection plan. Drafts or other transfer or payment orders which are drawn against insufficient funds may be subject to a service charge set forth in the Credit Union Rate Sheet and the Schedule of Fees. If there are sufficient funds to cover some, but not all, of your withdrawal, we may allow those withdrawals for which there are sufficient funds in any order at our discretion.

We may refuse to allow a withdrawal in some situations, and will advise you accordingly; for example: (1) a dispute between account owners (unless a court has ordered the Credit Union to allow the withdrawal); (2) a legal garnishment or attachment is served; (3) the account secures any obligation to use; (4) required documentation has not been presented; (5) you fail to repay a Credit Union loan on time. We may require you to give written notice of seven (7) days to sixty (60) days before any intended withdrawals.

b. Transfer Limitations. For share savings and money market accounts, if applicable, you may make up to six (6) preauthorized, automatic, telephonic, or audio response transfers to another account of yours or to a third party during any calendar month. Of these six (6) you may make no more than three (3) transfers to a third party by check or debit card. A preauthorized transfer includes any arrangement with us to pay a third party from your account upon oral or written orders including orders received through the automated clearing house (ACH). You may make unlimited transfers to any of your accounts or to any Credit Union loan account and may make withdrawals in person, by mail, or at an ATM. However, we may refuse or reverse a transfer that exceeds these limitations and may assess fees against, suspend or close your account.

14. Certificate Accounts. Any time deposit, term share, share certificate, or certificate of deposit account allowed by state law (Certificate Account), whichever we offer, is subject to the terms of this Agreement, the Credit Union Rate Sheet and the Schedule of Fees and Account Deposit Receipt for each account the terms of which are incorporated herein by reference.

a. Transaction Limitations. After your Certificate of Deposit account is opened, additional deposits to the same CD are not allowed.

b. Maturity. Your account will mature at the maturity date set forth on your certificate.

c. Early Withdrawal Penalty. A penalty will be imposed if you withdraw any of the certificate funds before the maturity date, or the renewal date, if this is a renewal account.

d. Amount of Penalty. For Certificates of Deposit and IRA Certificates of Deposit, the amount of the early withdrawal penalty for your account is 90 days’ interest for a Certificate of 12 months or less, and 180 days’ for a Certificate over 12 months.

e. Exceptions to Early Withdrawal Penalties. At our option, we may redeem the account before maturity without imposing an early withdrawal penalty under the following circumstances:

i) When an account owner dies or is determined legally incompetent by a court or other body of competent jurisdiction.
ii) When the account is within seven (7) days after establishment.

f. Renewal Policy. Your account will automatically renew at maturity. You will have a grace period of seven (7) calendar days after the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty.

15. Overdrafts.
a. Overdraft Liability. The following actions may be taken by us if we receive a draft or other item drawn against your account and there are insufficient funds in your account to cover the draft or item:

• Cover the draft or item in accordance with the terms of any written overdraft plan that you have established with us.
• Pay the draft or item and create an overdraft to your account. Any negative balance on your account is immediately due and payable, unless we agree otherwise in writing. We may place a hold on balances in any other account you have with us until the overdraft is paid or we may setoff the amount of the overdraft against any of your other accounts in accordance with the terms of this agreement, unless prohibited by applicable law.
• Return the draft or item unpaid. We may, at our option and without notice to you, refuse to pay any draft or item if it would create an overdraft, even though we may have previously established a pattern of honoring such drafts or items.

We have no obligation to notify you before we decide to either pay a draft or item that creates an overdraft or to dishonor a draft or item that is drawn against insufficient available funds. Drafts or other transfers or payment orders that are drawn against insufficient funds may be subject to a service charge set forth in the Schedule of Fees. If we pay a draft or item against insufficient available funds or an overdraft is otherwise created on the account, you agree to pay any overdraft immediately. You agree to reimburse us for the cost and expenses we incur in recovering the overdraft from you, including our reasonable attorney fees and court costs.

b. Overdraft Protection Plan. If we have approved an overdraft protection plan for your account, we will honor drafts drawn on insufficient funds by transferring funds from another account under this Agreement or a loan account, as you have directed, or as required under the Credit Union’s overdraft protection policy. The fee for overdraft transfers, if any, is set forth on the Schedule of Fees. This Agreement governs all transfers, except those governed by agreements for loan accounts.

16. Post and Stale Dated Checks and Other Limitations on Checks. You agree not to deposit checks, drafts, or other items before they are properly payable. We are not obligated to pay any check or draft drawn on your account that is presented more than six (6) months past its date. We may pay any draft presented for payment, without inquiry or liability, even if the draft is post-dated, stale dated (i.e., the date of the draft is more than 6 months in the past), has no date, or contains any special instructions (such as “void in 60 days”, “Void if over $250”) or any condition or limitation.

17. Stop Payment Orders.
a. Stop Payment Order Request. You may request a stop payment order on any draft drawn on your account. To be binding an order must be dated, signed, and describe the account and draft number and the exact amount. The stop payment will be effective if the Credit Union receives the order in time for the Credit Union to act upon the order and you state the number of the account, number of the draft, and its exact amount. You understand that the exact information is necessary for the Credit Union’s computer to identify the draft. If you give us incorrect or incomplete information, we will not be responsible for failing to stop payment on the draft. If the stop payment order is not received in time for us to act upon the order, we will not be liable to you or to any other party for payment of the draft. If we re-credit your account after paying a draft over a valid and timely stop payment order you agree to sign a statement describing the dispute with the payee, to transfer to us all of your rights against the payee or other holders of the draft and to assist us in any legal action.

b. Duration of Order. You may make an oral stop payment order, which will lapse within fourteen (14) calendar days unless confirmed in writing within that time. A written stop payment order is effective for six (6) months and may be renewed in writing from time to time. We do not have to notify you when a stop payment order expires.

c. Liability. You agree to indemnify and hold the Credit Union harmless from all costs, including attorney’s fees, damages or claims related to our refusing payment of an item, including claims of any multiple party account owner, payee, or endorsee in failing to stop payment of an item as a result of incorrect information provided by you.

d. Cashiers and Teller’s Checks. We will not stop payment on any cashier’s or Teller’s check issued by us, or on any check, draft or other item certified or otherwise guaranteed by us.

18. Credit Union Liability. If we do not properly complete a transaction according to this Agreement, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if: (1) your account contains insufficient funds for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by you or another financial institution’s negligence; or (4) your account funds are subject to legal process or other claim. We will not be liable for consequential damages, except liability for wrongful dishonor. We exercise ordinary care if our actions or non-actions are consistent with applicable state law, federal reserve regulations and operating letters, clearing house rules, and general banking practices followed in the area we serve. You grant us the right, in making payments of deposited funds, to rely exclusively on the form of the account and the terms of this Account Agreement. Any conflict between what you or our employees may say or write will be resolved by reference in this Agreement.

19. Credit Union Lien and Security Interest. If you owe us money as a borrower, guarantor, endorser or otherwise we have a statutory lien on the account funds in any account in which you have an ownership interest, regardless of their source, unless prohibited by law. We may apply these funds without further notice to you, in any order to pay off your indebtedness. By not enforcing a lien, we do not waive our right to enforce it after. In addition, you grant the Credit Union a consensual security interest in your accounts and we may use the funds from your accounts to pay any debt or amount now or hereafter owed the Credit Union, except for obligations secured by your residence, unless prohibited by applicable law. All accounts are non-assignable and non-transferable to third parties.

20. Legal Process. If any legal action is brought against your account, we may pay out funds, according to the terms of the action or refuse any payout until the dispute is resolved. Any expenses or attorney fees we incur responding to a legal process may be charged against your account without notice, unless prohibited by law. Any legal process against your account is subject to our lien and security interest.

21. Account Information. Upon request, we will give you the name and address of each agency from which we obtain a credit report regarding your account. We agree not to disclose account information to third parties except when: (1) it is necessary to complete a transaction; (2) the third party seeks to verify the existence or condition of your account in accordance with applicable law; (3) such disclosure complies with the law or a government agency or other order; or (4) you give us written permission.

22. U.S. Patriot Act.  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.

23. Notices.
a. Name or Address Changes. You are responsible for notifying us of any address or name change. The Credit Union is only required to attempt to communicate with you at the most recent address you have provided to us. We may accept oral notices of a change in address and may require any other notice from you to us be provided in writing. If we attempt to locate you, we may impose a service fee as set forth on the Schedule of Fees.

b. Notice of Amendments. Except as prohibited by applicable law, we may change the terms of this Agreement. We will notify you of any changes in terms, rates, or fees as required by law. We reserve the right to waive any term in this Agreement. Any such waiver shall not affect our right to future enforcement.

c. Effect of Notice. Any written notice you give us is effective when we receive it. Any written notice we give to you is effective when it is deposited in the U.S. Mail, postage prepaid and addressed to you at your statement mailing address. Notice to any account owner is considered notice to all account owners.

24. Taxpayer Identification Numbers and Backup Withholding. Your failure to furnish a correct Taxpayer Identification Number (TIN) or meet other requirements may result in backup withholding. If your account is subject to backup withholding, we must withhold and pay to the Internal Revenue Service (IRS) a percentage of dividends, interest, and certain other payments. If you fail to provide your TIN, we may suspend your account.

25. Statements.
a. Contents. If we provide a periodic statement for your account, you will receive a periodic statement of transactions and activity on your account during the statement period as required by applicable law. If a periodic statement is provided, you agree that only one statement is necessary for a multiple party account. For share draft or checking accounts, you understand and agree that your original drafts, when paid, become property of the Credit Union and may not be returned to you, but copies may be retained by us or payable through financial institutions and made available upon your request. You understand and agree that statements are made available to you on the date they are mailed to you. You also understand and agree that drafts or copies thereof are made available to you on the date the statement is mailed to you, even if the drafts do not accompany the statement.

b. Examination. You are responsible for examining each statement and reporting any irregularities to us. We will not be responsible for any forged, altered, unauthorized or unsigned items drawn on your account if: (1) you fail to notify us within sixty (60) days of the mailing date of the earliest statement regarding any forgery, alteration or unauthorized signature on any item described in the statement; or (2) any items are forged or altered in a manner not detectable by a reasonable person, including the unauthorized use of a facsimile signature machine.

c. Notice to Credit Union. You agree that the Credit Union’s retention of drafts does not alter or waive your responsibility to examine your statements or the time limit for notifying us of any errors. The statement will be considered correct for all purposes and we will not be liable for any payment made or charge to your account unless you notify us in writing within the above time limit for notifying us of any errors. If you fail to receive a periodic statement you agree to notify us within fourteen (14) days of the time you regularly receive a statement. If two or more statements are returned to us, we may discontinue sending statements, and any other notices or communications, until a new and valid address is provided to us. We may destroy the originals of any statements, notices or other communications that are sent to you and returned to us as being undeliverable.

26. Inactive Accounts. If your account falls below any applicable minimum balance and you have not made any transactions over a period specified in the Service Charge and Fee Schedule during which we have been unable to contact you by regular mail, we may classify your account as inactive or dormant.  Unless prohibited by applicable law, we may charge a service fee set forth on the Service Charge and Fee Schedule for processing your inactive account.  If we impose a fee, we will notify you, as required by law, at your last known address.  You authorize us to transfer funds from another account of yours to cover any service fees, if applicable.  To the extent allowed by law, we reserve the right to transfer the account funds to an accounts payable and to suspend any further account statements.  If a deposit or withdrawal has not been made on the account and we have had no other sufficient contact with you within a period specified by state law, the account will be presumed to be abandoned.  Funds in abandoned accounts will be reported and remitted in accordance with the state law.  Once funds have been turned over to the state, we have no further liability to you for such funds and if you choose to reclaim such funds, you must apply to the appropriate state agency.

27. Special Account Instructions. You may request that we facilitate certain trusts, wills, or court-ordered account arrangements. However, because we do not give legal advice, we cannot counsel you as to which account arrangement most appropriately meets the specific requirements of your trust, will, or court order. If you ask us to follow any instructions that we believe might expose us to claims, lawsuits, expenses, liabilities, or damages, whether directly or indirectly, we may refuse to follow your instructions or may require you to indemnify us or post a bond or provide us with other protection. Account changes requested by you or any account owner, such as adding or closing an account or service, must be evidenced by a signed Account Change form and accepted by us.

28. Accounts of Businesses and Organizations.  Accounts held in the name of a business, organization, or association member are subject to all the conditions and terms contained in this Agreement for natural person accounts, and the following additional rules.  The Credit Union reserves the right to require the business member to provide an account authorization card or other documentary evidence satisfactory to the Credit Union informing the Credit Union who is authorized to act on the business member’s behalf.  No POD beneficiary designation or other designation shall apply to the account.  You agree to notify the Credit Union of any change in this representative authority of your agent.  The Credit Union may rely on your written authorization until such time as the Credit Union is informed of changes in writing and has had a reasonable time to act upon such notice.  The Credit Union may require that third-party checks payable to a business may not be cashed, but must be deposited to a business account.  You agree that the Credit Union shall have no notice of any breach of fiduciary duties arising from any transactions by any agent of the account owner, unless the Credit Union has actual notice of such breach.

29.Termination of Account. We may terminate your account at any time without notice to you or may require you to close your account and apply for a new account if: (1) there is a change in owners or authorized signer; (2) there has been a forgery or fraud reported or committed involving your account; (3) there is a dispute as to the ownership of the account or of the funds in the account; (4) any share drafts are lost or stolen; (5) there are excessive returned unpaid items not covered by an overdraft protection plan; (6) there has been any misrepresentation or any other abuse of any of your accounts; (7) we reasonably deem it necessary to prevent a loss to us. You may terminate a single party account by giving written notice. We reserve the right to require the consent of all owners to terminate a multiple party account. We are not responsible for payment of any draft, withdrawal, or other item after your account is terminated, however, if we pay an item after termination you agree to reimburse us.

30. Termination of Membership. You may terminate your membership by giving us notice. You may be denied services or expelled for any reason allowed by applicable law, including causing a loss to the Credit Union.

31. Death of Account Owner. We may continue to honor all transfer orders, withdrawals, deposits and other transactions on an account until we are notified of a member’s death. Once we are notified of a member’s death, we may pay drafts or honor other payments or transfer orders authorized by the deceased member for a period of ten (10) days after that date unless we receive instructions from any person claiming an interest in the account to stop payment on the drafts or other items. We may require anyone claiming a deceased owner’s account funds to indemnify us for any losses resulting from our honoring that claim. This Agreement will be binding upon any heirs or legal representatives of any account owner.

32. Severability. If a court holds any portion of this Agreement to be invalid or unenforceable, the remainder of this Agreement shall not be invalid or unenforceable and will continue in full force and effect. All headings are intended for reference only and are not to be construed as part of the Agreement.

33. Enforcement. You are liable to us for any loss, cost or expense we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, 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 post-judgment collection actions.

34. Governing Law. This Agreement is governed by the Credit Union’s Bylaws, federal laws and regulations, the laws, including applicable principles of contract law, and regulations of the state in which the Credit Union’s main office is located, and local clearing house rules, as amended from time to time. As permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Credit Union is located.

FUNDS AVAILABILITY POLICY
This Disclosure describes your ability to withdraw funds at Westerra Credit Union.

1. General Policy. Our policy is to make funds from your cash and check deposits available to you on the next business day after we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once they are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and Federal holidays.

2. Reservation of Right to Hold. In some cases, we will not make all of the funds that you deposit by check available to you on the next business day after we receive your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth business day after the day of your deposit. However, the first $100.00 of your deposit will be available on the first business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the next business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice by the next business day after we receive your deposit. If you will need the funds from a deposit right away you should ask us when the funds will be available.

3. Holds on Other Funds. If we cash a check for you that is drawn on another financial institution, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it. If we accept for deposit a check that is drawn on another financial institution, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

4. Longer Delays May Apply. We may delay your ability to withdraw funds deposited by check into your account an additional number of days for these reasons:

• We believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,000 on any one day.
• You deposit a check that has been returned unpaid.
• You have overdrawn your account repeatedly in the last six (6) months.
• There is an emergency, such as failure of communications or computer equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit.

5. Special Rules for New Accounts. If you are a new member, the following special rules will apply during the first thirty (30) days your account is open.

Funds from electronic direct deposits to your account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the next business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000 will be available on the ninth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all of the check deposits will be available on the ninth business day after the day of your deposit.

6. Deposits at Nonproprietary ATMs. Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth business day after the date of your deposit. This rule does not apply at ATMs that we own or operate. All ATMs that we own or operate are identified as our machines.

7. Foreign Checks. Checks drawn on financial institutions located outside the U.S. (foreign checks) cannot be processed the same as checks drawn on U.S. financial institutions. Foreign checks are exempt from the policies outlined in this disclosure. Generally, the availability of funds for deposit of foreign checks will be delayed for the time it takes us to collect the funds from the financial institutions upon which it is drawn.

ELECTRONIC FUNDS
TRANSFER AGREEMENT AND 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 Westerra Credit Union (“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 share and savings accounts you have with the Credit Union. Electronic funds transfers are electronically initiated transfer services described below. By signing an application or account card for EFT services, signing your 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.

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

a. Debit Card. You may use your Card to purchase goods and services from participating merchants. 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 share 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 (Personal Identification Number) to:

• Make deposits to your share or savings accounts.
• Withdraw funds from your share or savings accounts.
• Transfer funds from your share or savings accounts.
• Obtain balance information for your share and savings accounts.
• Make loan payments from your share and savings accounts.
• Access your share account.
• Purchase goods and services at merchants that accept VISA and MasterCard.
• Order goods or services by mail or telephone from places that accept VISA and MasterCard.

The following limitations on the frequency and amount of Debit Card transactions may apply:
• There is no limit on the number of Debit Card purchases you make per day.
• You may transfer up to the available balance in your accounts at the time of the transfer.
• See Section 2 for transfer limitations that may apply to these transactions.

b. Audio Response. If we approve the Audio Response access service for your accounts, a separate PIN (Personal Identification
Number) will be assigned to you. You must use your PIN (Personal Identification Number) along with your account number to access your accounts. At the present time you may use the audio response access service to:
• Withdraw funds from your share or savings accounts.
• Transfer funds from your share or savings accounts.
• Obtain balance information for your share or savings accounts.
• Make loan payments from your share or savings accounts.
• Make bill payments to preauthorized creditors.
• Determine if a particular item has cleared.
• Obtain tax information on amounts earned on share or savings accounts of interest paid on loan accounts.
• Verify the last date and amount of your payroll deposit.

Your accounts can be accessed under the Audio Response service via a touch tone telephone only. Audio Response service will be available for your convenience twenty-four (24) hours per day. This service may be interrupted for a short time each day for data processing.

• There are no limits to the number of inquiries, transfers, or withdrawal requests you may make in any one day.
• The maximum withdrawal or transfer amount is $10,000.00 per transaction, and no transfer or withdrawal may exceed the available funds in your account.
• See Section 2 for transfer limitations that may apply to these transactions.

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 of record. The Credit Union may set other limits on the a mount of any transaction, and you will be notified of those limits. The Credit Union 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 telephone call.

c. Preauthorized EFTs.
• Direct Deposit. Upon instruction of (i) your employer or (ii) the Treasury Department or (iii) other financial institutions, the Credit Union will accept direct deposits of your paycheck or of federal recurring payments, such as Social Security, to your 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 regular electronic fund transfers out of your account(s) for money you owe others you may stop payment of 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 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.
• Notice of Varying Amounts. If these regular payments vary in amounts, 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 request a 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.

d. Electronic Check Conversion/Electronic Returned Check Fees. If you pay for something with a check or share draft you may authorize your check or share draft to be converted to an electronic fund transfer. You may also authorize merchants to electronically debit your account for returned check fees. You are considered to have authorized these electronic funds 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.

e. Electronic / PC EFTs. If we approve the Electronic / PC access service for your accounts, a separate PIN (Personal Identification Number) will be assigned to you. You must use your PIN (Personal Identification Number) along with your account number to access your accounts. At the present time, you may use the Electronic access service to:

• Withdraw funds from your share and savings accounts.
• Transfer funds from your share and savings accounts.
• Obtain balance information for your share and savings accounts.
• Make loan payments from your share and savings accounts.
• Access your share and savings accounts.
• Make bill payments to preauthorized creditors.

Your accounts can be accessed under the Electronic / PC access service via personal computer. Electronic service will be available for your convenience twenty-four (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:
• There is no limit to the number of inquiries, transfers, or withdrawal requests you may make in any one day.
• There is a limit of five (5) transactions per access and certain limits on the account history information available.
• See Section 2 for transfer limitations that may apply to these transactions.

2. Transfer Limitations. For all share, savings, Holiday Club and Money Market 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, the item may be returned, and your account may be subject to a fee or closed.

3. Conditions of EFT Services.
a. 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. The Card may be repossessed at any time at our sole discretion without demand or notice. You cannot transfer your Card or account to another person.

b. 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 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.

c. Foreign Transactions. VISA Purchases and cash withdrawals made in foreign countries and foreign currencies will be debited from your account in U.S. dollars. The conversion rate to U.S. 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 one percentage point. The currency conversion 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.

d. Security of Access Code. You may use one or more access codes with your electronic funds transfer. The access codes issued to you are for your security purposes. Any codes issued to you are confidential and should not be disclosed to third parties or recorded on or with the Card. 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 any one 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.

e. 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 and savings or loan accounts as provided in this Agreement. Each joint account owner, without the consent of any other account owner, may and hereby is authorized by every other joint account owner to 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. Fees and charges for electronic funds transfer services are set forth on the Schedule of Fees. From time to time, the charges may be changed. We will notify you as required by applicable law.

If you use an ATM not operated by us, you may be charged a fee by the ATM operator and by any national, regional, or local network used in processing the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

The ATM surcharge will be debited from your account if you elect to complete the transaction or continue with the balance inquiry.

5. Member Liability. You are responsible for all EFT transactions you authorize. If you permit someone else to use an EFT service, your Card or your access code, you are responsible for any transactions they authorize or conduct on any of your accounts.

Debit Card. Tell us AT ONCE if you believe your Card has been lost or stolen or if you believe someone has used your Card or access code. You will notify us in person, orally, or in writing, of the loss, theft or possible unauthorized use of your Card at the address or phone number set forth below. Until you notify us, you will be liable for the lessor of $50.00 or the amount of money, property, labor or services obtained by the unauthorized use of your Card. “Unauthorized use” means the use of a credit/debit card by a person, other than the cardholder, who does not have actual, implied, or apparent authority for such use, and from which the cardholder received no benefits. If your card is lost or stolen under circumstances where you are free from fault, you will have no liability for any
unauthorized use of your Card.

Audio Response, Home Banking and Other EFT Transactions. For all other EFT transaction, your liability for unauthorized transactions is determined as follows:

If you tell us within two (2) business days, you can lose no more than $50 if someone used your Personal Identification Number (PIN) or 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 PIN or code, and we can prove that we could have stopped someone from using your PIN or 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, 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 lost after the sixty (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 PIN or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission call:

(303) 321-4209
or write to:
Westerra Credit Union
98 Spruce Street
Denver, CO 80230

If you permit someone to use your Card, or have access to your PIN or code, and that person used your Card, PIN or code, we will treat this as though you have authorized the person to use your Card, PIN or code. You must then give us written notice revoking the person’s authority to use your Card, PIN or code, and this notice will only be effective as to transactions made after midnight on the next business day following the business day on which we received the written notice. You will be liable for fraudulent use of your Card, PIN or code or your account in any situation where we can demonstrate that you acted alone or with others in an attempt to defraud us.

6. Right to Receive Documentation.
a. Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, Debit Card transactions, Audio Response transactions, preauthorized EFTs, Electronic/PC transactions or bill payments you make 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.

b. Terminal Receipt. You will get a receipt at the time you make any transaction (except inquiries) involving your account using an ATM, POS terminal or Debit Card transaction with a participating merchant.

c. 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 (303) 321-4209. 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 not enough money in your accounts 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, or if the transaction involves a loan request exceeding your credit limit.
• If you used your Card or access code in an incorrect manner.
• If the ATM where you are making the transfer does not have enough cash.
• If the ATM was not working properly and you knew about the problem when you started the transaction.
• 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 error was caused by a system or any participating ATM network.
• If the electronic transfer is not completed as a result of your willful or negligent use of your Card access code, or any EFT facility for making such transfers.
• If the telephone or computer equipment you use to conduct audio response or Electronic / PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
• If you have 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 or the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors.
• 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 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 notices 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.

The following information is a list of safety precautions regarding the use of Automated Teller Machines (ATM) and Night Deposit Facilities:
• Be aware of your surroundings, particularly at night.
• Consider having someone accompany you when the ATM or night deposit facility is used after dark.
• If another person is uncomfortably close to you at the time of your transaction, ask the person to step back before you complete your transaction.
• Refrain from displaying your cash at the ATM or night deposit facility. As soon as your transaction is completed, place your money in your purse or wallet. Count the cash later in the safety of your car or home.
• If you notice anything suspicious at the ATM or night deposit facility, consider using another ATM or night deposit facility or come back later. If you are in the middle of a transaction and you notice something suspicious, cancel the transaction, take your Card or deposit envelope, and leave.
• If you are followed after making a transaction, go to the nearest public area where people are located.
• Do not write your personal identification number or code on your ATM card.
• Report all crimes to law enforcement officials immediately.

11. Billing Errors. In case of errors or questions about electronic funds transfers from your share or savings account, telephone us at the following number or send us a written notice to the following address 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 from you no later than sixty (60) days after we sent the FIRST statement on which the problem appears. Call us at:

(303) 321-4209
or write to:
Westerra Credit Union
98 Spruce Street
Denver, CO 80230

• 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 the Credit Union has made an error or why you need more information.
• Tell us the dollar amount of the suspect 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 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 forty-five (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.

For errors involving new accounts, point-of-sale, or foreign initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

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.

NOTE: If the error you assert is an unauthorized VISA 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 warrants a delay, in which case you will receive credit within ten (10) business days.

12. 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 Card and any access code. 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 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 Card or 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 EFTs made prior to termination.

13. 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 Colorado and local clearing house 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.

14. Enforcement. You are liable to us for any loss, cost or expenses we incur resulting from your failure to follow this Agreement. You authorize us to deduct any such loss, 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 post judgment collection action

WESTERRA CREDIT UNION PRIVACY POLICY 

Safeguarding the privacy and confidentiality of each member’s personal information is of the utmost importance to Westerra Credit Union. In order to provide products and services to meet your financial needs, it is necessary to share information about you.

Information We Collect and Disclose:

• Westerra Credit Union collects nonpublic information about you from the following sources:
  Information we receive from you on applications and forms such as name, address, social security number and income;
• Information about your transactions with us, our affiliates or others such as your account balance, payment history, parties to transactions, and credit card use;
• Information we receive from a credit reporting agency such as your credit worthiness and credit history; and
• Information obtained when verifying the information you provide on applications and forms such as your current and past employers or other institutions where you conduct financial transactions.

Westerra Credit Union only works with businesses that follow strict confidentiality requirements. We will only share your information when absolutely necessary. We do not disclose any nonpublic information about you to anyone, except as permitted by law. We may disclose the information we collect, as described above, to companies that perform market analysis and peer group comparison services on our behalf or that prepare account documentation or otherwise service your account. We will not sell your information to any person or company for any reason.

You will always have the opportunity to review your information and make necessary changes to ensure that our records are complete and accurate. If you decide to terminate your membership, or become an inactive member, we will continue to adhere to the practices as described in this notice.

How We Protect Your Information:

We maintain physical, electronic, and procedural safeguards that comply with federal regulations to safeguard your nonpublic personal information. Westerra Credit Union trains its employees to adhere to strict policies regarding member privacy and restricts access to nonpublic personal information to those employees who need to know that information to provide products or services to you.

What You Can Do to Protect Your Information:

• Protect your account numbers, plastic card numbers, PINs (Personal Identification Numbers) and passwords
• Keep all passwords or PIN information confidential in a separate location away from your computer, not in your wallet, and not on the card itself
• Use caution when disclosing your account numbers, social security number, or other information to other persons
• Keep your information current so that we can reach you if there is possible fraudulent or unauthorized activity associated with your account

Contact Us

Please call us with any questions regarding this Privacy Policy at 303-321-4209 or 1-800-858-7212. Or you can write us at:

Westerra Credit Union
98 Spruce St.
Denver, CO 80230 

VISA® CREDIT CARDHOLDER AGREEMENT & TRUTH IN LENDING DISCLOSURE
Definitions:
In this agreement, the words “you” and “your” mean each and all of those persons who apply for the card(s) or who signs or uses the card(s). The words “we,” “us” and “ours” means Westerra Credit Union. The term “card” or “cards” means the Visa Platinum, Gold or Classic credit card issued to you in connection with this agreement.

Westerra Credit Union
3700 E. Alameda
Denver, CO 80209
303-321-4209 • 1-800-858-7212

Universal Provisions. The following provisions apply:
Business Days for Member Services:
Monday - Friday 8:00 a.m. - 6:00 p.m.

Ownership of Your Card:
The card(s) issued to you remain the property of the Westerra Credit Union. You may surrender your card(s) at any time, and you must surrender your card(s) upon our request.

Credit Information & Investigation Authorization:
You agree that we may request consumer credit reports from one or more credit reporting agencies in connection with your application and the administration of your account. You also authorize us to exchange credit information concerning you or your account with (and answer questions and requests from) others, such as merchants and credit reporting agencies.

Other Charges:
Fees for which you may be responsible are:
• Late Payment Fee — $15.00
• Returned check or draft presented as payment — $25.00
• Copy of Merchant slip — $15.00
• Duplicate copy of monthly billing statement — $5.00 per page
• Cash Advance Fee (FINANCE CHARGE) — 2% of advance
• Card Replacement Fee — $15.00
• Over Limit Fee — $15.00

Change of Name, Address or Employment:
Within fifteen (15) days you agree to notify us of any change in your name, address or employment.

Joint and Several Liability:
If your account is a joint account, any one of you who sign the account may withdraw funds or use the service. All charges made to your account by us by any use of any of the services by any one of you, or by another person with the consent or assent of any one of you, shall be fully binding on both or all of you.

Amendments/Modifications:
We may modify or amend this agreement by mailing you written notice at your last known address on our records, giving you the applicable period of time before such a modification, amendment, or change in terms will go into effect. This agreement shall be governed by Colorado law, except to the extent that federal law applies. You agree that we may amend this agreement at any time.

Acknowledgment:
You acknowledge receipt of a copy of this agreement. We will not be liable if an electronic terminal fails to function for any reason, whether or not this malfunction is known to you; nor if a card previously reported lost or stolen is recovered and attempted to be used at an electronic terminal or through a merchant before we have been notified and have had ample time to reinstate the card.

Pledged Shares (Applicable Only to Share Secured Credit Cards):
As collateral for credit extended to you for Westerra Credit Union's secured VISA® credit card, you will pledge and grant to Westerra Credit Union by a separate agreement, a security interest in shares on deposit in a Westerra Credit Union share account. This security interest will be equal to 100% of the secured VISA® credit card credit limit. If you are in default or if the above-mentioned account is terminated, Westerra Credit Union may apply any collateral held as security in payment of any amounts owed, as permitted by law.

Responsibility:
If we issued a card, you agree to repay all debts and the finance charge arising from the use of the card and the card account jointly and severally. You are also responsible for charges made by anyone else to whom you give the card, and this responsibility continues until the card is recovered. You cannot disclaim responsibility by notifying us, but we will close the account for new transactions if you so request and return all cards. Your obligation to pay the account balance continues even though an agreement, divorce decree, or other court judgment to which we are not party may direct you or one of the other persons responsible to pay the account. Any person using the card is jointly and severally responsible with you for charges he or she makes, but if that person signs the card, he or she becomes a party to this agreement and is also jointly responsible for all charges on the account, including yours.

Credit Limit:
If we approve your application, we will establish a self-replenishing line of credit for you and notify you of its amount when we issue the card. You agree not to let the account balance exceed this approved credit limit. Each payment you make on the account will restore your credit limit by the amount of payment which is applied to principal. You may request an increase in your credit limit only by written application to us, which must be approved by our loan officer. By giving you written notice, we may reduce your credit limit from time to time, or with good cause revoke your card and terminate this agreement. Good cause includes, but is not limited to: your failure to comply with this agreement; our reasonable belief that your ability to pay has depreciated; or our adverse reevaluation of your creditworthiness. You may also terminate this agreement at any time, but termination by any of us does not affect your obligation to pay the account balance. The card(s) remain our property, and you must recover and surrender to us all cards upon our request and upon termination of this agreement.

Monthly Payment:
We will mail you a statement every month. Every month you must pay, in U.S. dollars, at least the minimum payment due by the payment due date each month or you will be in default. The minimum payment will be disclosed on your statement.

Minimum monthly payment — The minimum payment due each month will be either 1) the entire new balance shown on your billing statement if the new balance is less than $15.00, or 2) the greater of $15.00 or an amount equal to 2% of the new balance.

We will apply your payments first to 1) finance charges, 2) cash advances, and 3) to purchases. We will refund any credit balance within seven (7) business days of receipt of your written request. Also, if at any time your total new balance exceeds your credit limit, you must immediately pay the excess.

If your payment date falls on a weekend or holiday, your payment must be received the business day prior to the weekend or holiday to avoid a finance charge.

Finance Charges:
FINANCE CHARGES on purchases and cash advances are calculated from the date they are posted to your account. There is a grace period if you meet certain conditions. You can avoid a FINANCE CHARGE on purchases and cash advances by paying the total new balance shown on your statement within twenty-five (25) days of the statement closing date. The FINANCE CHARGE (interest) on purchases and cash advances is calculated at the monthly periodic rate of .825% or 9.90% ANNUAL PERCENTAGE RATE on the Visa Platinum Card, a monthly periodic rate of .9916% or 11.90% ANNUAL PERCENTAGE RATE on the VISA Gold Card, and a monthly periodic rate of 1.1583% or 13.90% ANNUAL PERCENTAGE RATE on the VISA Classic Card. Separate FINANCE CHARGES for purchases and cash advances are determined by multiplying the monthly periodic rate by the average daily balances of purchases and cash advances. Each daily balance is determined by taking the beginning balance of purchases or cash advances in your account each day, adding any new purchases or cash advances [whichever is applicable] and subtracting any payments or credits. The results are the daily balances. All the daily balances for the statement cycle are added and the total is divided by the number of days in the statement cycled to arrive at the daily balance for the statement cycle.

Cash Advance Fee:
in addition to the monthly calculation of the cash advance FINANCE CHARGE, there is an additional FINANCE CHARGE of 2% of the amount of cash advance for each cash advance obtained during the statement cycle.

Security Interest:
To secure your account, you grant us a purchase money security interest under the Uniform Commercial Code in any goods you purchase through the account. If you default, we will have the right to recover any of those goods which have not been paid for through our application of your payments in the manner described in Monthly Payment. Property you have given to secure loans with Westerra Credit Union will also secure this credit card except any dwelling or household goods.

Credit Authorization:
Certain purchases and cash advances will require our authorization prior to the completion of the transaction. In some cases, you may be asked to provide identification. If our authorization system is not working, we may not be able to authorize a transaction, even if you have sufficient available credit. We are not liable to you if any of these events happen.

Convenience Checks:
Westerra Credit Union may issue you convenience checks that can access your credit line. Using a convenience check will be treated as a purchase in the amount of your check. Each convenience check contains your account number and may be used only by the person(s) whose name(s) is printed on the check. Each convenience check must be completed and signed by you (or either of you) in the same manner as a regular share draft check. If we provide convenience checks, you may not use them to pay any amount you owe on any credit agreement or account you have with Westerra Credit Union, including this cardholder agreement.

Default/Collection Costs:
Your account may be in default and we may demand immediate payment of the entire amount you owe us without giving you prior notice if: 1) in any month we do not receive your minimum monthly payment by the payment due date, 2) you make purchases or obtain cash advances in excess of your available credit, 3) you fail to comply with this agreement, 4) there is a filing for your bankruptcy, 5) you die or become incapacitated, or 6) we believe in good faith that the payment or performance of your obligations under this agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all amounts that you owe under this agreement (including court costs and the fees of any collection agency to which we refer your account) and, in the event we refer your account after your default to an attorney who is not our regular salaried employee, you agree to pay the reasonable fees of such an attorney. We will not be obligated to honor any attempted use of your account if a default has occurred or we have decided to terminate your account or limit your account privileges.

Illegal Transaction(s):
You agree not to use your card for any illegal transaction(s) under local, state and federal law.

Liability for Unauthorized Use, Lost or Stolen Cards:
You may be liable for the unauthorized use of your Westerra Credit Union VISA Platinum, Visa Gold or VISA Classic Credit Card. You will not be liable for unauthorized use that occurs after you notify Westerra Credit Union at 3700 East Alameda Ave., Denver, CO 80209, orally or in writing, of the loss, theft, or possible unauthorized use. In any case, your liability should not exceed $50.

Foreign Currency Transaction:
Transactions in foreign currencies will be converted to U.S. dollars and posted to your account at the exchange rate determined by VISA (or their affiliates), using their then current currency conversions procedures and charges. Currently, the currency conversion rate is generally either a wholesale market rate or a government-mandated rate in effect on the day of conversion, increased by the applicable conversion charge determined by VISA. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your card or account.

Inquiries or Questions:
You may address any inquiries or questions you may have about your account to: Westerra Credit Union at 3700 East Alameda, Denver, CO 80209. Or you may call us at 303-321-4209 or 1-800-858-7212. If you telephone us instead of writing, you may lose certain rights the law gives you to dispute billing errors.

Governing Law:
This agreement will be governed by the laws of the State of Colorado and applicable federal laws.

Termination:
We may terminate your privileges under this agreement or limit your right to make purchases or obtain cash advances at any time (and list your account in warning bulletins) without notice or liability. If we ask, you must return your card(s) and any unused convenience checks to us, cut in half. You agree that you will not try to make a purchase or obtain a cash advance after you have been notified that your privilege to use your account has been terminated. You may terminate this agreement at any time. If you do, you must return to us all card(s) and convenience checks previously issued on the account. If you call us, we may require that you confirm your intent to terminate in writing. Your or our termination will not affect your existing obligations under this agreement or your liability for all charges posted to your account prior to the time all cards and unused convenience checks issued on your account are returned to us.

Billing Rights:
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.

Notify Us In Case of Errors or Questions About Your Statement:
If you think your statement is wrong, or if you need more information about a transaction on your statement, write us on a separate sheet at the address listed on your statement. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
1) Your name and account number.
2) The dollar amount of the suspected error.
3) Describe the error and explain, if you can, why you believe there is an error.
If you need more information, describe the item you are not sure about.

If you have authorized us to pay a credit card account automatically from your share savings account or share draft checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur.

Your Rights and Responsibilities After We Receive Your Written Notice:
We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we believe the statement was correct.

After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to send statements to you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your statement that are not in question.

If we find that we made a mistake on your statement, you will not have to pay any finance charges related to the questioned amount. If we did not make a mistake, you may have to pay finance charges and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten (10) days, telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your statement. And, we must tell you the name of anyone to whom we reported you. We must tell anyone we report you to that the matter has been settled between us when it finally is.

If we do not follow these rules, we cannot collect the first $50.00 of the questioned amount, even if your statement was correct.

Special Rules for Credit Card Purchases:
If you have a problem with the quality of property or services purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations to this right: 1) You must have made the purchase in your home state, or, if not within your home state, within one hundred (100) miles of your current mailing address, and 2) the purchase price must have been more than $50.00.

These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or service.

Lost or Stolen Cards Call:
During Business Hours:
303-321-4209
1-800-858-7212

After Business Hours:
1-800-453-4270

For Emergency Gold Card Services:
1-800-VISA-911

Westerra Online Disclosures
This Agreement and Disclosure provides information about Westerra Credit Union Online Banking Service (“Westerra Online”). For the purpose of this document, the words “you,” and “yours” shall refer to each member who is eligible and signs up for Westerra Online and the words “we,” “us,” “our,” “Westerra” and “Credit Union” shall refer to Westerra Credit Union. The word “Account” means any one or more accounts you have with the Credit Union. Please read this disclosure carefully because it represents our mutual agreement with respect to transactions on Westerra Online. You should print out and keep this disclosure statement for future reference.

Eligibility:
You understand that in order to use Westerra Online, you must have an Account with Westerra and a self-chosen Secret Personal Identification Number (“PIN”).

Westerra Credit Union Online ID and Secret Personal Identification Number (PIN):
Westerra uses your unique member ID (“Westerra Online ID”) which will serve as your identification when using our Internet account access services. In addition to your Westerra Online ID, we require the use of a PIN which you may change at your convenience. These two unique pieces of information provide online protection and enable you to view your account information quickly, easily and safely. NOTE: Westerra Credit Union will never ask you for your PIN. Please keep your Westerra Online ID and PIN in a secure place. If you feel either may have been lost or compromised, please notify Westerra Credit Union immediately at 303-321-4209 or 1-800-858-7212.

General Information About Westerra Online:
Westerra Online is an Internet account access service. You may access your Account by computer, using your Westerra Online ID, PIN and Internet connection, at virtually any time, day or night, 7 days a week to (1) check account balances, (2) transfer money (3) check the history of your Account, (4) pay most bills with Westerra Online Bill Payment Service and (5) obtain Westerra product and service information. However, Westerra Online may occasionally be unavailable due to record updating or technical difficulties.

Westerra may discontinue or restrict Westerra Online transactions without notice. You may terminate this agreement at any time by giving the Credit Union written notice. Entering your PIN when you sign in to Westerra Online means you have read, understood and agreed with the disclosure connected with this service. You agree to be bound by future changes in terms that will be provided electronically. Additionally, you agree to be bound by future changes in terms relating to fees and consumer liability, notice of which shall be given in writing by mail at least twenty-one (21) days prior to implementation. You agree to review the disclosures that are provided each time you access Westerra Online. Unless otherwise noted, all days are business days and exclude holidays.

Equipment and Technical Requirements:
You understand that you must have Internet Access through an Internet Service Provider and Internet Browser Software to use Westerra Online. For your protection, Westerra’s Internet server requires you to use a form-capable browser such as Netscape Navigator or Microsoft Internet Explorer. When your browser communicates with our server, the application information form is encrypted for security while traveling over the Internet. You understand that Westerra does not make any warranties on equipment, hardware, software or Internet Service Provider service, or any part therein, expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose.

Consumer Liability Disclosure:
By accessing Westerra Online, you agree that it is your responsibility to safeguard your PIN in order to prevent unauthorized transactions and/or Account access. You assume all responsibility for any losses that occur on your account due to negligence such as failing to protect your PIN from unauthorized use. You also agree that Westerra may revoke Internet account access if unauthorized account access and/or transactions occur (1) as the apparent result of your negligence in safeguarding your PIN, (2) for any violation of the terms of use described herein, (3) for use of the system for illegal activities or (4) for any other use of the system that, in Westerra’s opinion presents an unreasonable risk of damage or loss to Westerra, its members or third parties.

You agree to notify Westerra AT ONCE if you believe that your PIN has been lost or stolen or that your account has been accessed without your authorization. Utilize the following information to contact Westerra:

Westerra Credit Union
3700 E. Alameda Ave.
Denver, CO 80209
Business Days: Monday through Friday, excluding federal holidays
Telephone Service Center: 303-321-4209 or 1-800-858-7212

The best way to minimize your possible loss is to immediately contact Westerra by telephone, although you may advise Westerra in person or in writing.

If you inform us within two (2) business days after you learn of unauthorized access to your Account, you can lose no more than $50 from your Account due to such unauthorized access. Otherwise, if you fail to notify Westerra that your PIN has been compromised or your Account has been accessed without your authorization, you could lose all the money in your Account, plus your maximum overdraft line of credit. If you do NOT inform us within (2) business days after you learn of the unauthorized access, and we can prove we could have stopped someone from using your account without your permission had you informed us, you could lose as much as $500 from your Account.

Advise Westerra AT ONCE if your Account statement evidences any electronic fund transfer that you did not make or authorize. If you do not tell us within sixty (60) days after the first statement that reflected the unauthorized transfer was mailed to you, you may not be reimbursed for the unauthorized transfer, provided we can prove that we could have stopped the unauthorized transfer had you informed us in the allotted time.
Westerra reserves the right to extend the above time periods for good cause shown.

Fees:
Access to Westerra Online is free. However, regular charges and fees apply to certain transactions. Westerra reserves the right to charge for Internet Account access services. You will be given at least thirty (30) days advance notice before Westerra Credit Union implements any charges or fees for any Internet Account access related services.

Transfer Terms and Limitations:
In compliance with Federal Regulation D, Westerra is required to limit transfers from share savings and money market accounts to no more than six (6) transfers per calendar month and a maximum of three (3) checks per month if they are to another of your Westerra accounts or a third party by means of a preauthorized, automatic, telephonic (Phone Banking or oral) or Internet instruction.

There is no limit on the number of transfers from your share savings and money market account if they are made in person, by mail or to make monthly payments on loans at Westerra.

Liability for Failure to Make Tranfers:
If Westerra does not complete a transfer to or from your account on time or in the correct amount according to this disclosure statement with you, we will be liable for your losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. However, there are some exceptions. We will NOT be liable, if:

(1) Through no fault of ours, you do not have enough money in your account to make the transfer;
(2) You have an overdraft protection line of credit and the transfer would go over the credit limit;
(3) The terminal or computer was malfunctioning in a manner which you knew, or reasonably should have known, would adversely affect the completion of your transaction; or
(4) Circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.

Account Information:
We will disclose information to third parties about your account or the transactions you make:
(1) Where it is necessary for completing transfers;
(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 a government agency or court orders; or
(4) If you give us written permission.

Error Resolution Notice:
Immediately call or write us at the telephone number or address listed above 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 from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. If you inform us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

In Informing us of an error regarding your electronic transfers:
(1) Tell us your name and account number;
(2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
(3) Tell us the dollar amount of the suspected error.

We will determine whether an error 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 forty-five (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.

Terms and Conditions Agreement for Westerra Online Bill Payment Service
This Agreement and Disclosure provides information about Westerra Credit Union Online Bill Payment Service (“Westerra Online Bill Payment”). For the purpose of this document, the words “you” and “yours” shall refer to each member who is eligible and signs up for Westerra Online Bill Payment and the words “we,” “us,” “our,” “Westerra” and “Credit Union” shall refer to Westerra Credit Union. The word “Account” means any one or more accounts you have with the Credit Union. Please read this disclosure carefully because it represents our mutual agreement with respect to transactions on Westerra Online Bill Payment.

Acknowledgement of Receipt of Terms and Conditions
You acknowledge electronic receipt of the Terms and Conditions Agreement ("Agreement") associated with Westerra Online Bill Payment and agree that you have read and will abide by this Agreement. You also agree that the Credit Union does not need to provide you with an additional paper (non-electronic) copy of this Agreement unless specifically requested. Further, you understand that a copy of this Agreement can be printed by using your browser's print command and a printer.

Using the Service
To gain access to Westerra Online Bill Payment, you must first sign on to the Westerra Credit Union Online Banking Service (“Westerra Online”) with your Westerra Online ID and PIN. Select "Bill Payment” from the Westerra Online menu. By using Westerra Online Bill Payment, you agree not to give or make available your Westerra Online ID or PIN to any person not authorized to access your account.

The Service
You may use a computer to electronically direct the Credit Union to make payments from your designated share accounts to third parties ("Payees") whom you have selected in advance to receive payment by means of Westerra Online Bill Payment. You may make payments through Westerra Online Bill Payment to any business, merchant or professional that generates a bill or invoice for products or services provided to you on your behalf and that has an address we can verify. You may also make payments through Westerra Online Bill Payment to individuals, family or friends for non-business purposes. Payments may be made only to Payees with a United States address. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-directed payments through Westerra Online Bill Payment. All references to "Business Day" in this document mean Monday through Friday, excluding federal holidays. All references to time of day in this document refer to Mountain Standard Time (“MST”).

To use Westerra Online Bill Payment, you must provide information online to the Credit Union that identifies your Payees. You must provide sufficient information about a Payee to permit the Credit Union to properly direct a payment and permit the Payee upon receipt of a payment to identify you as the payment source. You do this by accurately filling in all required fields. Please remember to check the accuracy of the information provided. Inaccurate information may affect your payments.

Types of Bill Payments
You will be able to set up the following types of bill payments:

Single Payments: Single Payments are payments you initiate each time by setting the payment amount and debit date. A payment may be scheduled to be made on a future date or initiated the day you enter the payment information on Westerra Online Bill Payment. Payments scheduled for a future date can be cancelled or changed until 12:00 a.m. before the scheduled debit date. If you would like to make a payment only once, use the Single Payment option. This will save your payment information for future reference.

Recurring Payments: Recurring Payments are payments that repeat on a fixed debit date and fixed amount. You have the option to set recurring payments to continue until a set maturity date. If the fixed debit date does not exist in a certain month, then the payment will be initiated on the last business day of the month. For example, if you schedule a payment for the 30th of each month, your payment for the month of February will be initiated on or before the 28th of February. If the payment date falls on a day other than a business day in any month, your payment will be initiated on the next business day. For example, if you schedule a payment on the 5th of each month, and August 5th is a Saturday, your payment for August would be initiated on August 7th (the next business day). Please note that the Payment Guarantee described below does not apply to a Recurring Payment if, for that specific payment, the payment date does not fall at least (5) business days prior to the bill’s actual due date.

Processing Payments
Your requested payments will be deducted from your account on the Scheduled Debit Date and will be processed at 8:00 a.m. Any bill payment requests scheduled on a weekend or holiday will be processed on the next business day. After the funds are debited from your account, payments are delivered to the payee either electronically or by check. Payments sent electronically may take up to two business days for the payee to receive. Checks are mailed to those payees not set up to accept electronic payments and may take five business days from the scheduled payment date for the payee to receive. It is your responsibility to schedule your payments in such a manner that your obligations will be paid on time. We recommend you enter and transmit your payment instructions at least (5) five business days before a payment is due. If you do not allow sufficient time, you assume full responsibility for any loss of interest, late payments or finance charges that may be imposed as a result of your failure to transmit a timely payment authorization.

It is understood that due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by slow responding Payees, including companies or financial institutions, some transactions may take longer to be credited by your Payee to your account with the Payee.

Payment Guarantee
We will reimburse you for any late payment fees or penalties you are charged for a payment that is not received by the bill's actual due date under the following conditions: (a) The Credit Union did not refuse the transaction if the Credit Union reasonably believed such refusal is necessary for security reasons; (b) You must have properly scheduled the payment to be initiated on a date at least five (5) business days prior to the bill's actual due date for Recurring Payments (you must allow additional time for months in which weekend or holidays reduce the number of business days between the Recurring Payment date and the bill's actual due date); (c) You must have provided us with the correct Payee name, address and account information and with the correct payment amount; (d) You must have sufficient funds to complete the payment in your account on the Scheduled Payment Date; (e) The late payment fee or penalty, or the method of its calculation, must be what is published by the Payee prior to the bill's actual due date; (f) The Payee does not mishandle or delay the payment received; and(g) There are no circumstances beyond the Credit Union's control (such as, but not limited to, fire or flood) that prevent the proper execution of the transaction.

Note: The Credit Union has the right to refuse a transaction if the Credit Union reasonably believes such refusal is necessary for security reasons, for violation of the terms of use, for use of the system for illegal activities or for any other use of the system that in the opinion of the Credit Union presents an unreasonable risk of damage or loss to the Credit Union, its users or third parties.

Changing or Canceling Payments
A bill payment is considered "Paid" once the funds have been withdrawn from your account, which could occur up to five (5) business days prior to the due date. A bill payment is a "Scheduled Payment" starting from the time you enter Payment Instructions until the payment is deducted from your account. You may edit any Scheduled Payment (including recurring bill payments) by clicking the "Change" icon under the Scheduled Payments screen. You may cancel any "Scheduled Payment" by clicking the "Delete" icon under the Scheduled Payments screen. There is no charge for canceling or editing a Scheduled Payment that is not considered Paid. Note: It is not possible to stop or cancel a payment which is considered "Paid" as defined above.

Statements
All of your payments made through Westerra Online Bill Payment will appear on your monthly account statement(s). Make sure to completely fill out the bill pay information for each designated payee and give each payment nickname. The nickname will appear on your regular member statement.

Service Fees
The use of Westerra Credit Union’s Online Bill Pay Service is FREE so long as you have a share draft checking account and are enrolled in E-Statements. If you do not meet both qualifications, you will be charged a monthly fee of $4.95 for unlimited transactions. You authorize the Credit Union to deduct the service fee from your account. This fee is in addition to regular transaction fees that may be in effect for your account. This fee will be charged to you on the last business day of the month regardless of whether or not the service was used during the month.

Canceling the Service
Please contact the Credit Union to cancel your enrollment in Westerra Online Bill Payment.

EQUAL CREDIT OPPORTUNITY ACT/REGULATION B
UNDER THE EQUAL CREDIT OPPORTUNITY ACT, IT IS ILLEGAL
TO DISCRIMINATE IN ANY CREDIT TRANSACTION:

• On the basis of race, color, national origin, religion, sex, marital status, or age
• Because income is from public assistance, or
• Because a right was exercised under the Consumer Credit Protection Act.

IF YOU BELIEVE YOU HAVE BEEN DISCRIMINATED
AGAINST, YOU SHOULD SEND A COMPLAINT TO:

National Credit Union Administration
Office of Examination and Insurance
1775 Duke Street
Alexandria, VA 22314-3428

Click here for a schedule of fees.

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