EFT/Online Agreement

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 First Castle Federal 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 checking accounts you have with the Credit Union. Electronic funds transfers are electronically initiated transfers of money from your account through the electronic funds 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.

Debit Card . You may use your Card to purchase goods and services any place your Card is honored by participating merchants. Funds to cover your Card purchases will be deducted from your checking account. If the balance in your account is not sufficient to pay the transaction amount, we may terminate all services under this Agreement. You may use your Card and PIN (Personal Identification Number) in automated teller machines of Hibernia National Bank, Pulse, Cirrus, Abby, Plus, and such other machines or facilities as the Credit Union may designate. At the present time, you may also use your Card to:

Withdraw funds from your checking accounts.
Obtain balance information for your checking accounts
Make POS (Point-of-Sale) transactions with your Card and PIN (Personal Identification Number) to purchase goods or services at merchants that accept VISA.
Order goods or services by mail or telephone from places that accept VISA.

Each time you use your Debit Card to conduct a withdrawal or purchase transaction, we will have the right to place a hold on a corresponding amount of funds in your designated account until that transaction is posted against your account. Funds held for Debit Card transactions will be the amount authorized by the merchant. The amount may be different than the total amount on the sales slip. You agree not to withdraw or write checks against funds that are needed to pay Debit Card transactions that have not yet posted against your account. (Such as writing checks or performing other Debit Card withdrawals or purchase transactions.)

The following limitations on the frequency and amount of transactions may apply:

There is no limit on the number of purchases you make per day.
There is no limit to the number of cash withdrawals you may make in any one day from an ATM machine. However, the maximum aggregate amount you may withdraw in cash per day is set at $250.00.

Pre-authorized 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 share or checking account.
Pre-authorized Debits . Upon instruction, we will pay certain recurring transactions from your share or checking account.

2. Debit Card Approval . Approval for Debit Card use will be based upon the following:

You must be a member of this Credit Union in good standing.
You must be approved for and have a share draft account.
You cannot have had more than five (5) checks returned to us NSF in any 3 month period.
You must be approved for a line of credit* to cover any overdraft on your share account.

* Line of Credit . All Debit Card holders must be approved for a minimum $1,000.00 Line of Credit (LOC). This LOC will be used only if any authorized share draft items come in for payment after a Debit Card transaction has been approved, and there are insufficient funds available in the account to cover the transaction. If you have signed up for overdraft protection from your regular share account, available shares in that account will always be used first. If there are not enough funds in that account to cover the overdraft, the LOC will be used. Funds transferred from your LOC will be in increments of $50.00. You will be responsible to pay back this LOC loan according to the rate and terms set forth in the appropriate schedule.

This LOC account is for your protection(it may help you avoid NSF fees), and will be used only when needed to cover an overdraft situation. This line of credit cannot be used for credit advances.

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 to 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. Security of Access Code . You may use one or more access codes with your electronic funds transfers. 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 anyone to use your access codes, that authority shall continue until you specifically revoke such authority by notifying the Credit Union. You understand that any joint owner you authorize to use an access code may withdraw or transfer funds from any of your accounts. If you fail to maintain the security of these access codes and the Credit Union suffers a loss, we may terminate your EFT services immediately.

d. 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 checking 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 . There are certain charges for electronic funds transfer services. From time to time, the charges may be changed. We will notify you of any changes as required by applicable law.

Debit Card fees:

First Castle FCU will not charge a fee for any ATM transaction.**
There is a $5.00 fee for a replacement card. (Lost, demagnetized, etc.)
There is a $10.00 fee for a copy of a merchant receipt. (If the charge is proven not to be yours, there will be no fee charged.)
Overdraft protection is available. The fee is $5.00 per use.
The stop payment fee on an EFT transaction is $20.00. (See section 8b for details.)

**Additionally, you will be not be charged an ATM usage fee at any Hibernia National Bank ATM Abby machine. However, you may be charged a fee by another institution (non Hibernia National Bank) or ATM owner for use of its ATM machine. The fee charged should be disclosed to you via signage or the ATM machine. Please remember, this surcharge fee is imposed by and paid to the other institution or ATM owner, not NOED FCU. >If you want to avoid surcharges use only Hibernia National Bank ATM Abby machines. Or, get cash back when you make a POS (Point of Sale) debit purchase at participating merchants .

5.Audio Response (Automated PhoneTeller). A Personal Identification Number (PIN) must be established to use this service. You will establish the PIN by calling the phone teller. You must then call the Credit Union to request transfer and withdrawal authority. The Credit Union will initiate your request within 48 hours. To ensure strict confidentiality and security, the Credit Union will not have a record of this number, and we will not have the ability to retrieve your number from our computer.

If you believe someone has accessed your account without permission, or your PIN has been lost or stolen, you must contact the Credit Union immediately. If you do not contact us immediately, the Credit Union will not be liable for any transactions or losses you may incur. Once this service is initialized you will take complete responsibility for all transactions done as authorized through the phone teller.

Transactions allowed :

Withdraw funds from your Regular Share Account.
Withdraw funds over $100.00 from your Money Market Advantage Account (MMAA).
Transfer funds between your Regular Share Account, Share Draft Checking Account, or MMAA.
Transfer funds from your Regular Share Account, Share Draft Checking Account, or MMAA to make a loan payment.
Request certain account information. (See Audio Response brochure).

Transactions not allowed :

Check withdrawals from Share Draft Account and Christmas Club Account.
Transfers between different account numbers.
Withdrawal's or transfers under $100.00 from the MMAA.

Check withdrawal requests received after 3 P.M. Central Time will be processed and mailed the next business day .

Transfer Limitations

For share savings and money market accounts, if applicable, you may make up to six (6) preauthorized, automatic, telephone, or audio response transfers to another account of yours or to a third party during any calendar month. Of these six, 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.

6. Member Liability . Tell us at once if you believe your Card or any access code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days, you can lose not more than $50 if someone uses your Card without your permission. If you do not tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, 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 may extend the time periods. If you believe your Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call:

(504)862-2562

After Business Hours 1-800-405-7068

or write to: FCFCU Federal Credit Union P. O. Box 60267 New Orleans, LA 70160-0267

7. Right to Receive Documentation .

a. Periodic Statements . Transfers and withdrawals made through any ATM's, Debit Card transactions or pre-authorized EFT's will be recorded on your periodic statement. You will receive a statement monthly.

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 (504) 862-2562. This does not apply to transactions occurring outside the United States.

8. 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.

9. Business Days . Our business days are Monday through Friday, excluding holidays.

10. Credit Union Liability for Failures 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 will be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

a. Liability for Direct or Consequential Damages .

*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 or 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 of 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.

*Any other exceptions as established by the Credit Union.

b. Stop Payment Rights .

*Stopping payment on purchases is NOT ALLOWED. The merchant may allow returns or refunds on purchases. For this reason, you should inquire about merchant's return or refund policy before entering into a Debit Card transaction. Merchandise purchased by using your Debit Card that is subsequently returned will be reflected as a credit on your draft/checking account statement provided you have the return credited to your account. Refer to Section 10 for error resolution. *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 pre-authorized 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.

c. Notice of Varying Amounts . If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

d. Liability for Failure to Stop Payment of Pre-authorized Transfers . If you order us to stop payment of a pre-authorized 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.

11. 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 notice 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 coming 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 Debit Card.
Report all crimes to law enforcement officials immediately.

12. Billing Errors . In case of errors or questions about electronic funds transfers from your share and checking accounts, send us a written notice (you can telephone us, but doing so will not preserve your rights) to the following address as soon as you can. We must hear from you no later than sixty (60) days after we sent the first statement on which the problem appears.

Call:

(504) 862-2562

or write to: First Castle Federal Credit Union P. O. Box 60267 New Orleans, LA 70160-0267

*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 suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct the error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint in question. If we need to decide to do this, we will recredit your account within ten (10) business days for the amount you think is in error, so that you will have 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 recredit your account.

For transactions initiated outside the United States or in the event there are transfers resulting from a point-of-sale transaction, we will have twenty (20) business days instead of ten (10) business days, and ninety (90) calendar days instead of forty-five (45) calendar days, unless otherwise required by law to investigate your complaint or question. If we decide after our investigation that an error did not occur, the charge will be re-posted to your account and we will deliver or mail you an explanation of our findings within three (3) business days after the conclusion of our investigation. If you request, we will provide you copies of documents (to the extent possible without violating other members' rights to privacy) relied upon to conclude that the error did not occur.

13. Termination of EFT Services . You may terminate this Agreement, or any EFT service under this Agreement, at any time by notifying us in writing and stopping the 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. Reasons for termination include, but are not limited to:

Five (5) or more checks returned to us NSF within any three(3) month period.
An excessive dollar amount in NSF checks returned to us.
Have caused the Credit Union a loss.

If we terminate this Agreement, we may notify any participating merchants making pre-authorized debits or credits to any of your accounts that this Agreement has been terminated and that we will not accept any further pre-authorized 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 terminate this Agreement, the termination shall not affect your obligations under this Agreement for any EFT's made prior to termination.

14. Governing Law . This Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the State of Louisiana and local clearinghouse rules, as amended from time to time. Any disputes regarding this Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located

15. Enforcement . In the event either party brings a legal action to enforce the Agreement or collect any overdrawn funds on accounts accessed under this Agreement, the prevailing party shall be entitled, subject to applicable law, to payment by the other party of its reasonable attorney's fees and costs, including fees on any appeal, bankruptcy proceedings, and any post-judgement collection actions, if applicable. If there is a lawsuit, you agree that it may be filed and heard in the county and state in which the Credit Union is located, if allowed by applicable law.