If you contact us via telephone or in person, we may require that you send us your complaint or question in writing within ten (10) business days of our request for a written request. If we require your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account for any error or dispute.
We will determine whether an error occurred within 10 business days after you contact us. If we determine an error has occurred we will make the necessary correction promptly. Depending on the nature of the error we may require up to 45 days to investigate your complaint or question. If we decide to investigate your complaint or question, we will credit your account within 10 business days after you contact us so that you will have the use of the money in question during the up to 45 days it takes us to complete our investigation.
New Accounts, Point-of-sale, Foreign-Initiated Transactions - 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 after you contact us. For new accounts, if we decide to investigate your complaint or question we may require up to 20 business days to credit your account.
We will contact you with the results of our investigation within three business days of completing the investigation. If after our investigation we determine there was a lack of an error on your statement, we will send you a written explanation of our determination. You may make a written request 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 5 business days unless we determine that the circumstances of your account history warrant a delay, in which case you will receive credit within 10 business days.
Termination of EFT Services You may terminate this EFT Agreement or any EFT service under this EFT Agreement at any time by notifying us in writing and stopping your use of your Card, and any access code, and any other EFT services. You also agree to notify any participating merchants that authority to make bill payment transfers has been revoked. We may also terminate this EFT Agreement at any time by notifying you orally or in writing. If we terminate this EFT Agreement, we may notify any participating merchants making preauthorized debits or credits to any of your accounts that this EFT Agreement has been terminated and that we will not accept any further preauthorized transaction instructions. We may also program our system not to accept your Card, access code, or username and password for any EFT service. Whether you or the Credit Union terminates this EFT Agreement, the termination shall not affect your obligations under this EFT Agreement for any EFTs made prior to termination.
Governing Law - This EFT Agreement is governed by the Bylaws of the Credit Union, federal laws and regulations, the laws and regulations of the state of North Dakota and local clearinghouse rules, as amended from time to time. Any disputes regarding this EFT Agreement shall be subject to the jurisdiction of the court of the county in which the Credit Union is located.
Enforcement - In the event either party brings a legal action to enforce the EFT Agreement or collect any overdrawn funds on accounts accessed under this EFT 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 postjudgment 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.
Severability - If a court holds any portion of this EFT Agreement to be invalid or unenforceable, the remainder of this EFT 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.
VIII. VISA CREDIT CARD AGREEMENT AND TRUTH IN LENDING DISCLOSURE
In this Visa Credit Card Agreement and Truth in Lending Disclosure ('Visa Agreement') the words you and your mean each and all of those who apply for the card or who sign this Visa Agreement. Card means the Visa Credit Card and any duplicates and renewals we issue. Everyone who received, signs or uses a card issued under this Visa Agreement must be a member of this Credit Union. Accoun t means your Visa Credit Card Line of Credit account with us. We, us , ours, CCU, Credit Union means Capital Credit Union. Visa Agreement means the following terms and the Account Opening Disclosures.