• TECHNOLOGY CREDIT UNION
    VISA® CONSUMER CREDIT CARD AGREEMENT

    Please refer to the Truth in Lending Disclosure which has been provided to you by Technology Credit Union for rates, fees and other important terms of your Credit Card Account.

    In this Credit Card Agreement and Truth in Lending Disclosure (“Agreement”), “you” or “Borrower” refers to any person listed as an Applicant/Borrower on the application for credit and, if the context so indicates, any person who completed the application as a non-borrowing Co-signer and who thereby undertakes the obligation to pay but will not use or benefit from the credit. “Authorized User” is a person to whom we issue a Credit Card consistent with your written instruction but who is not an Applicant/Borrower on the credit application. “We,” “us,” “Credit Union,” and “Tech CU” refer to Technology Credit Union. “Account” refers to the open-end line of credit established for you under this Agreement. The singular implies the plural if there is more than one Applicant or Co-signer for the Account or if the context otherwise indicates.

    The extension of credit to you by Tech CU, which can be accessed using Credit Cards and convenience checks issued to you under this Agreement, will be subject to the following terms and conditions.

    A. YOUR CONSENT TO THE TERMS OF THIS AGREEMENT

    You consent to the terms of this Agreement applying for or accepting an offer for a Tech CU Credit Card account in writing, electronically, or by telephone and keeping or using the Card or convenience checks we issue in response to our approval of your application or your acceptance of our credit offer. If we acquired your Credit Card Account as a result of merger, your continued use of your Credit Card will be subject to the terms of this Agreement. Credit Cards issued subject to this Agreement will be used for personal, family or household purposes only.

    B. USING YOUR ACCOUNT

    1. We will issue Credit Cards as instructed on your application or, if you accept our preapproved offer for a Credit Card, we will initially issue a Credit Card to the individual to whom the offer was extended. If at any time you ask us in writing to issue a Credit Card on your Account to a person who is not identified on your application as an Applicant or Borrower, that person is considered an Authorized User of the Account, and you will be responsible for any transaction they make. We may also issue Convenience Checks at your request or at our option from time to time.
    2. You can use your Credit Card in person, over the phone, online, and by other means that may be made available to in the future to make purchases or obtain Cash Advances from participating VISA® merchants and financial institutions, up to your available credit limit.
      1. When you use a Credit Card for in-person transactions, you will get a receipt. Your only documentation of telephone and online Credit Card transactions may be your monthly statement.
       
    3. Your Credit Card may also access VISA® designated automated teller machines (ATMs). The use of your credit card for ATM access is subject to the additional ATM disclosure terms at the end of this Agreement.
    4. You can also access your VISA® Account by writing a Convenience Check. The use of a Convenience Check is treated as a Cash Advance for purposes of calculating Finance Charges. “The Special Rules for Credit Card Purchases” and “Notice to California Residents” do not apply to use of Convenience Checks. Special service requests (such as stop payment requests) on Convenience Checks will be subject to the same fees we charge for these services on checking accounts. Please refer to the current Tech CU Fee Schedule. In handling Convenience Checks, the following rules apply:
      1. To stop payment on a Convenience Check, you must submit a request at least 24 hours before the check clears; otherwise, we are not responsible for failing to stop payment. Stop payment requests must identify the Convenience Check by check number and exact dollar amount. If the check number is incorrect or the dollar amount varies by even one penny, we may not be able to find the check and stop payment. We can ask you to confirm stop payment requests in writing and if you fail to do so, the stop payment request may lapse within 48 hours.
      2. We process Convenience Checks in an automated environment and do not physically examine signatures. You must report forged, unauthorized or altered convenience checks within 60 days after we send you the first statement on which they appear; otherwise we will have no responsibility for them.
      3. If Convenience Checks are lost or stolen, report the loss or theft to us immediately.
      4. A merchant or other payee may convert a VISA® Convenience Check to an electronic check; refer to your Tech CU Member Handbook for terms governing electronic checks.
       
    5. Notice of Prohibition of Use of VISA® Accounts for Illegal Transaction. VISA® cardholders may not use or permit others to use their credit card accounts for illegal transactions, such as illegal online gambling. We have the right, but not the obligation, to refuse a requested transaction if we reasonably believe the transaction is illegal. If authorized use is made of your card for a transaction, the actual or alleged illegality of the transaction will not be a defense to your obligation to pay the resulting charge. Responsibility for determining whether transactions are legal rests with you, not Tech CU.
    6. Overdraft Protection Advances. If you designate your Account as an overdraft protection source for a Tech CU checking account in writing, the following terms apply: You may request a loan advance on your Account by initiating a payment transaction on your checking account that you do not have sufficient available funds to cover. Checking payment transactions include checks, ATM cash withdrawals, signature or PIN-based merchant purchases using a Tech CU ATM Card or Debit Card, Online Banking and Mobile Banking payments, and preauthorized (automated clearinghouse or “ACH”) payments. Any overdraft of your checking account, up to your unused credit limit on your Account, will be added to your loan balance under this Agreement if and when Tech CU pays the checking account payment transaction. Tech CU has the right to refuse overdraft loan advances for any lawful reason. We will promptly notify you in writing of the reasons for refusal. Overdraft protection advances will not be made if your Tech CU membership is not in good standing or if you do not have available credit. All overdraft loan advances will be in amounts sufficient to cover the overdrafts and any applicable fees and charges assessed against your checking account - see the Fee Schedule. Overdraft protection advances are treated as Cash Advances in calculating Finance Charges for your Account. You cannot obtain an overdraft protection advance to make Tech CU loan payments. Doing so is considered a misuse of your checking and credit privileges and may result in our revoking your credit privileges, your checking privileges or both.
    7. We will not be responsible for the refusal of any merchant or financial institution to honor your Credit Card or convenience check.
    8. If your Card has a rewards feature, program details are explained in a separate rewards brochure. Rewards program terms and conditions are subject to change at any time to the extent allowed by applicable law.
    9. For transactions initiated in foreign currencies, the exchange rate between the transaction currency and the billing currency (U.S. dollars) will be (a) a rate selected by VISA® from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate VISA® itself receives, or (b) the government-mandated rate in effect for the applicable central processing date.

    C. YOUR RESPONSIBILITY FOR MEETING THE TERMS OF THIS AGREEMENT

    1. You will continue to be bound for all transactions resulting from authorized use of the Account until you submit a written request to us to close the Account and return to us any Credit Cards or convenience checks issued on the Account. Upon closing of the Account, you will remain responsible for paying any balance then outstanding according to the terms of this Agreement.
    2. You are responsible for all payment obligations incurred as a result of use of the Account even if a court order directs another person to make payment. You can be released from your obligations under this Agreement only by the written agreement of an authorized agent of the Credit Union or by the order of a court in an action to which the Credit Union is a party.
    3. If any Borrower or Co-Signer on an Account wishes to be relieved from responsibility for payment of the Account, he or she must submit a written request to Tech CU to close the Account. Any other Borrower(s) on the Account who wish(es) to retain borrowing privileges must apply for a new Account. A Borrower or Co-signer who asks to be released from responsibility for future transactions will remain obligated to pay all indebtedness that arose from use of the Account prior to our receipt of the request.
    4. You are also obligated to repay any charges resulting from the use of the Account by another person with your permission whether or not the person stays within the limits of use set by you.

    D. CREDIT LIMIT

    Tech CU has the sole discretion to set your credit limit, applying our loan policies to the evaluation of your creditworthiness and ability to pay. Tech CU can review your Account from time to time. Account review may include checking your credit with third parties such as credit reporting agencies. You must provide any updated financial or other relevant information Tech CU requests. Tech CU can increase or decrease your rate, increase or decrease your credit limit or terminate your Account based on the review. Tech CU will give you the notice required by law if changes are made that adversely affect you. You can request an increase to your credit limit at any time by submitting an oral or written request, but Tech CU has sole discretion as to whether to approve your request. All cards issued or re-issued are subject to approval. A VISA® Account that has been inactive for six months may not be automatically renewed.

    E. REPAYMENT TERMS

    1. You promise to pay to Tech CU at the address designated on your statement all sums advanced to you under this Agreement at any time plus a Finance Charge. You will make your payments in U.S. dollars using payment instruments drawn on U.S. financial institutions. Tech CU can accept payment instruments with legends such as “payment in full” without waiving rights to collect what you owe.
    2. Interest Finance Charges on your Account are calculated by applying an ANNUAL PERCENTAGE RATE to the balance outstanding on your Account. To determine the variable rate that will apply to your Account starting on the 24th calendar day of each month, we add the margin assigned to your Account to the Index. The Index is the highest Prime Rate correctly published in the Wall Street Journal on the 15th day of the same month (or the next business day if the 15th is not a business day). The Truth in Lending Disclosure provided to you at the opening of your Account includes the margin that is assigned to your variable rate Account and the current ANNUAL PERCENTAGE RATE and corresponding Daily Periodic Rate. The margin assigned to a variable rate account may depend on a number of factors including Tech CU’s current loan policies and evaluation of your creditworthiness and ability to pay.
    3. Tech CU arrives at the interest component of the Finance Charge by multiplying the Daily Periodic Rate by the average daily balance and then multiplying that product by the number of days in the billing cycle. We calculate the average daily balance by adding Purchases, Cash Advances, and Balance Transfers to any previous balance and subtracting any payments received or other credits each day. Unpaid Finance Charges are excluded from the calculation. The daily principal balances are added together and divided by the number of days in the billing cycle to arrive at the average daily balance. The Daily Periodic Rate is 1/365 of the ANNUAL PERCENTAGE RATE.
    4. The interest component of the Finance Charge on purchases will be charged for each month the outstanding balance is not paid within the grace period, at least 25 days after the statement date. Purchase transactions include purchases of goods and services from participating VISA® merchants and use of your Credit Card account number to pay third party bills such as for telephone service or gym membership fees.
    5. The Finance Charge on Cash Advances accrues from the date of posting to your Account. There is no grace period. Cash Advances include all Convenience Check transactions (whether used to obtain cash or to pay for goods or services), balance transfers, use of the Credit Card to obtain cash via a signature (over-the-counter) transaction or at an ATM, Online Banking requests to deposit Cash Advances to a Credit Union checking or savings accounts of yours, and overdraft protection advances.
    6. If you paid your previous billing cycle’s balance in full on or before the due date (or had no outstanding balance), interest Finance Charges on current purchases will begin to accrue only if you still have a purchase balance outstanding after the current cycle’s due date. If you had a purchase balance outstanding after the previous cycle’s due date, Finance Charges will begin to accrue from the date new purchases post to your account, and will continue to accrue on any purchase outstanding from prior billing cycles. Once interest begins to accrue, it continues to accrue until the balances are repaid. Paying part of a balance due will not stop the accrual of Finance Charges on balances that remain outstanding.
    7. Your payments will be applied to the components of your account in the following general order: 1) interest charges, 2) fees, 3) previously billed purchases, 4) previously billed cash advances, 5) previously billed balance transfers, 6) new purchases, 7) new cash advances, and 8) new balance transfers. If different interest rates apply to different components of your outstanding balance, it will be applied to higher rate balances before lower rate balances.
    8. The minimum required monthly payment is $20 or 3% of the outstanding balance rounded down to the next dollar, whichever is greater, plus any past due amounts and/or amounts by which your outstanding balance exceeds your credit limit. It increases as the unpaid balance increases and may increase with increases in the interest rate.
    9. The Credit Union will send you monthly statements of your Account which will advise you of the status of your Account and any other information required by law.
    10. If your outstanding balance exceeds your authorized credit limit at any time for any reason, you must, upon your receipt of our written demand, immediately make a lump sum payment to reduce your balance to an amount within your credit limit.
    11. The balance owed by you, including accrued interest on the unpaid balance and fees, may be repaid in full at any time without prepayment penalty.

    F. OTHER CHARGES

    The following charges may be added to your Account balance and will accrue interest at the rate applicable to your Account until paid:

    1. If your minimum monthly payment is not paid within 10 days after the payment due date, you will be charged a late fee of $10.00.
    2. If a payment instrument presented for payment of your Account is returned unpaid, or if a funds transfer initiated for payment on your Account is dishonored, you will be charged a $25 Returned Payment Fee.
    3. If you elect credit life and/or credit disability insurance, the monthly premium will be added to the principal balance and accrue interest until paid. Purchase of credit life and/or credit disability insurance is optional and will not affect our decision whether to extend credit to you. Credit insurance premiums will be charged only if you sign separate credit insurance enrollment documents that disclose premium amounts and other terms and restrictions to you.
    4. Unless you are notified in writing otherwise, all Cash Advances and Balance Transfers are subject to a fee of 3% of the transaction amount, $10.00 minimum fee.
    5. Transactions in foreign currencies or foreign countries will not be subject to an International Service Assessment.
    6. If you use a Card to obtain cash at an ATM not owned and operated by Tech CU, the ATM operator may assess a fee in addition to the Cash Advance Fee and any fee Tech CU charges for use of ATMs that are not Tech CU machines. Any U.S. ATM operator is required to disclose their fee for your use of their ATM before you complete your transaction and become obligated to pay the fee. Please refer to our Fee Schedule for information about fees for use of ATMs not owned and operated by Tech CU.
    7. Lost card replacement: $5 per card
    8. Expedited card issue or replacement: $25
    9. Statement or transaction slip copy fee: $5 per page plus $25 per hour for staff research ($25 minimum). Research and document copying fees will be waived if a Tech CU error is revealed.

    G. CHANGES IN TERMS

    Tech CU may change the terms of this Agreement, including the ANNUAL PERCENTAGE RATE, by giving you written notice 45 days prior to the effective date of change. “Change” can mean adding a new term, changing an existing term, or deleting an old term. An increased interest rate or a change to a variable interest rate formula that will result in a rate increase will not apply to any transaction made prior to 14 days after the date notice of change in terms was mailed to you. If you do not want the changes to apply to your Account, you have the option of cutting all your Credit Cards (and Convenience Checks if applicable) in half and sending the pieces back to Tech CU with a written request that your Account be closed. If you do that, you must pay off your Account but under the old terms and under the old interest rate; and if you participate in a Rewards program, you will forfeit travel points, rebates or other Rewards you have accumulated.

    H. HONEST DEALING

    You will promptly notify Tech CU of any information that affects your creditworthiness or ability to pay off the Account balance, including but not limited to a change of your name, address or employment. You agree not to use your Account for new transactions or apply to increase your credit limit if you have reason to believe you cannot make the required payments.

    I. ADDITIONAL TERMS APPLICABLE TO CO-SIGNERS

    As a Co-signer, you understand and agree that you are obligated for the credit limit established by Tech CU for the Borrower to the same extent as the Borrower. Tech CU can proceed against you if the payments are delinquent even before seeking to recover from the Borrower. Tech CU will give you notice required by law of any adverse action it takes with respect to this Account. Any extension of the payoff or partial settlement with the Borrower will not waive any of Tech CU’s rights against you as a Co-signer. You can stop being obligated for future Account charges by writing to Tech CU to that effect. But you will still be jointly and individually liable with the Borrower for the repayment of the existing Account balance according to the terms of this Agreement. Any notice of non-responsibility for future charges should be sent to Tech CU by certified mail, return receipt requested, with postage fully prepaid. You will be responsible for all Account activity that occurs prior to Tech CU’s actual receipt of your notice. Tech CU has no obligation to accept mail received with postage due.

    J. DEFAULT; ACCELERATION

    1. If you are in default on your payments, you breach other terms of this Agreement, your creditworthiness or ability to pay materially declines, you become insolvent, file for bankruptcy relief, or die, Tech CU may, at our option, terminate your Account and declare the entire unpaid balance due and payable immediately without notice. Tech CU’s acceptance of a late or partial payment will not waive the right to accelerate the payment of the Account and declare the entire unpaid balance due.
    2. If you have a VISA Signature® Rewards Card and your account is delinquent, you will not earn points and points you have already earned may be withdrawn.

    K. SECURITY INTERESTS

    If you have a VISA Classic® Share Secured Credit Card, a specified amount in your Tech CU savings account is pledged as security for the repayment of all amounts loaned to you under the terms of this Agreement. (IRAs and health savings accounts may not be pledged as security for loans.) The amount pledged and associated account number will be shown on a separate security agreement you must sign. You cannot withdraw the pledged funds from the account as long as the pledge is in effect. If you default in your payments under the terms of this Agreement, Tech CU has the right to apply the amount specifically pledged to pay off the loan in full or in part.

    L. COLLECTION COSTS

    If you fail to pay as agreed, you agree to pay all reasonable costs Tech CU incurs to collect on your Account before legal action is commenced. If Tech CU takes legal action to collect what you owe, you agree to pay our reasonable attorney’s fees and costs of suit in addition to any other amount you owe, whether the legal action taken is a collection lawsuit, a proceeding to protect our interests in bankruptcy, an appeal, an action to collect on a judgment we have against you, or another type of legal proceeding.

    M. ERROR CORRECTION

    Tech CU can correct clerical errors in loan documents, including but not limited to errors in the interest rate quoted to you. You will be notified of any corrections and the reasons for them.

    N. AGREEMENT TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS

    PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. ANY DISPUTE RELATED TO YOUR ACCOUNT (EXCEPT DISPUTES SUBJECT TO SMALL CLAIMS COURT JURISDICTION) MAY BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT AND ASSERT YOUR RIGHTS OR DEFENSES BEFORE A JURY OR COURT JUDGE. YOU ALSO GIVE UP YOUR RIGHT TO ASSERT CLAIMS ON A CLASS OR REPRESENTATIVE BASIS. YOU ARE ENTITLED TO A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. AN ARBITRATOR’S RULING CAN BE ENTERED AS A JUDGMENT IN COURT, AND IS SUBJECT TO APPEAL ONLY UNDER VERY LIMITED CIRCUMSTANCES.

    1. Arbitration of Claims Above Small Claims Jurisdictional Limit: In consideration for and as a condition of Tech CU’s establishing this Account for you, you agree that any dispute (other than a dispute referenced in section N(2) of this Agreement) related to your Account that cannot be resolved informally may be submitted by you or by Tech CU to binding non-judicial arbitration provided through an Arbitration Administrator. The Arbitration Administrator may be JAMS or the American Arbitration Association (“AAA”). The Arbitration will take place in the office of the selected Arbitration Administrator at its office in or nearest to your county of residence. If the Arbitration Administrator has more than one office in your county of residence, arbitration will occur in its office in or nearest to your city of residence.

      Neither Tech CU nor third parties collecting debts on our behalf will initiate arbitration to collect a consumer debt, but Tech CU reserves the right to arbitrate all other disputes with you. You can elect to require Tech CU or our third party collection agencies to submit to arbitration of a debt collection action we or they initiated against you in court.

      This Arbitration Agreement will remain in effect even if you pay off and close your Account.

      The term “dispute” includes any controversy or disagreement related to your Account, including but not limited to (a) claims that you or Tech CU failed to comply with applicable law or regulation or the terms of this Agreement, (b) claims that Tech CU injured you, or (c) claims related to the interpretation or enforceability of this Arbitration Agreement. Questions about whether a dispute is subject to arbitration shall be interpreted as broadly as the law allows.

      If either you or Tech CU refuse to submit to arbitration upon demand by the other party, the party that seeks enforcement of this arbitration provision against the refusing party will, if successful, recover its costs of doing so (including reasonable attorneys’ fees) from the other party.

      This Arbitration Agreement is governed by the Federal Arbitration Act.
    2. Small Claims Matters: Disputes in which the dollar amount in controversy does not exceed Small Claims jurisdictional limits may be brought by either you or Tech CU in the Small Claims Court in your county of residence. Although you and Tech CU can agree to arbitrate disputes subject to Small Claims Court jurisdiction, neither party can be compelled to arbitrate such disputes.
    3. Self-Help, Provisional and Ancillary Remedies: This Arbitration Agreement does not prohibit you or Tech CU from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including set off and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction.
    4. Statutes of Limitations: The statute of limitations that would apply to any dispute subject to this Arbitration Agreement also applies to arbitration.
      1. Individual Actions Only: All claims will be arbitrated on an individual rather than a class or representative basis. If your Account has multiple Borrowers and/or Co-signers, a single proceeding may be maintained by or against all of those parties to your Account.
      2. Costs of Arbitration Services: All costs of arbitration assessed by the Arbitration Administrator and fees charged by the Arbitrator will be borne by Tech CU, except that if you initiate the arbitration, you will pay the Arbitration Administrator’s then-current fee for consumer-initiated arbitrations.
      3. Single Arbitrator: All claims will be heard by a single arbitrator knowledgeable in the subject area of the dispute who is either a retired state or federal court judge or an attorney with at least ten years of relevant practice experience.
      4. Arbitrator Selection Process: The party initiating the arbitration will ask the Arbitration Administrator to provide a list of qualified arbitrators. If you and we cannot agree to the selection of an arbitrator from the list, you and we will each select one arbitrator from the list, and those two arbitrators will select a third arbitrator to hear the dispute.
      5. Governing Rules and Law: The arbitration will be conducted under the Consumer Arbitration Rules of the selected Arbitration Administrator. The arbitrator will apply applicable substantive law. Each party may be represented by counsel of its own choosing.
      6. Available Remedies: Each party will have the same remedies available in arbitration as would be available if the dispute were heard in court, including but not limited to recovery of attorney’s fees, expert witness fees and costs, subject to applicable law and if awarded by the arbitrator.
      7. Discovery: The arbitrator shall allow discovery of non-privileged information relevant to the dispute.
      8. Time for Resolution: Unless otherwise agreed by you and Tech CU or unreasonable given the nature of the dispute or actions of the parties, the arbitrator shall render a decision within six months after submission of the dispute to arbitration.
      9. Written Statement of Decision: The arbitrator shall issue a written statement of decision setting forth his or her ruling on each claim. The statement of decision will include the findings of fact and conclusions of law on which the ruling on each claim is based.
      10. Final and Binding Nature of Decision: Absent clear abuse of discretion by the arbitrator in making findings of facts or conclusions of law, the arbitrator’s decision will be final, binding, and not subject to appeal. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
       

    O. TERMINATION

    Without prior written notice, Tech CU can terminate your Account, reduce or cancel all credit available on the account, refuse to make further advances, and revoke all cards and Convenience Checks issued on the account for any breach of the Agreement or for any specific reason shown in section J. You can close your Account at any time by submitting a written request to Tech CU. If you voluntarily resign your Tech CU membership, cause the Credit Union a loss, or are expelled from Tech CU membership, your Account will be terminated. If a Borrower or Co-signer on the Account dies or submits a notice of non-responsibility for future transactions, Tech CU can require any remaining Borrowers to re-apply to keep the Account open, provide an acceptable substitute Co-signer, or if the remaining Borrower(s) and/or Co-signers do not meet Tech CU’s credit criteria, close the Account to further borrowing. If your Account is terminated by you or by Tech CU, you will surrender all issued Cards and Convenience Checks to Tech CU. Termination of the Account does not relieve you of your obligation to repay the full account balance due under this Agreement.

    P. OTHER RIGHTS APPLICABLE TO CREDIT CARDS

    1. Unauthorized use of Lost or Stolen Cards. Under VISA® operating rules, you are generally not liable for unauthorized use of your Credit Card. However, if you are grossly negligent in handling your Credit Card or otherwise fall under an exception to VISA® operating rules, you may be liable for up to $50 in unauthorized Card use. In any event, you agree to promptly report the loss, theft or other actual or potential unauthorized use of your Card to us and to cooperate in our investigation of your claim. Call (800) 553-0880, 24 hours a day to report lost or stolen Cards, or write to: Technology Credit Union, P.O. Box 1409, San Jose, CA 95109-1409, Attn: Credit Card Servicing. You agree to cooperate in our efforts to determine the circumstances of the unauthorized use of the Account and impose civil and/or criminal responsibility for unauthorized use of your Account on any person whose use of your Card results in a loss to us. All member-owners of Tech CU benefit when unauthorized Card use losses are kept to a minimum. The limitations on liability for unauthorized use do not apply to business or organization accounts on which 10 or more cards have been issued.
    2. Merchant Disputes. Tech CU will not be responsible for the refusal of any merchant or financial institution to honor your Credit Card.
    3. Credits: Merchants who honor your card and give you credit for returns or adjustments will do so by sending Tech CU credit notices, which we will post to your account. If your credits and payments exceed what you owe us, Tech CU will hold and apply this credit balance against future Purchases and Cash Advances, or refund it on your written request if it is $1.00 or more. Payments and credits are posted promptly as required by law so you avoid excess Finance Charges, but Tech CU reserves the right to delay restoring your credit limit or issuing a credit balance refund until final collection of non-cash items presented to pay your account.

    Q. YOUR CONSENT TO OUR CONTACTING YOU REGARDING YOUR CREDIT CARD ACCOUNT

    You agree that Tech CU can contact you at any postal mail address, email address or telephone number you provide to us regarding your Account. Communications may include efforts to collect any balance you owe if you do not pay as agreed. You further agree that Tech CU or our third-party agents can telephone you at any number you provide to us, using live agents or automated dialing systems, and can leave messages at any such telephone number, including pre-recorded messages.

    R. DISCLOSURE OF INFORMATION

    In order to provide your Account, Tech CU may provide your personal information to VISA® and its contractors and service providers.

    S. GENERAL TERMS

    If any part of this Agreement is found to be invalid, the other parts of this Agreement shall remain in effect. Applicable federal and California laws shall govern the interpretation of this Agreement.

    T. ATM DISCLOSURE

    This part of the disclosure includes special provisions applicable to the use of the Credit Card to a VISA® Cash Advance at Automated Teller Machines (ATMs). Please refer to your separate Electronic Funds Transfer disclosure in the Tech CU Member Handbook for information on other ATM use.

    Available Services

    1. The amount and number of ATM transactions you can make may be limited by the ATM you are using.
    2. ATM service is generally available seven days a week, 24 hours a day.

    Documentation of Transactions

    Cash Advances made using an ATM will be shown on a transaction receipt dispensed by the ATM (unless the ATM notifies you that receipts are not available or you elect not to get a receipt), and also on your periodic statement.

    Tech CU Liability

    If Tech CU does not properly complete a transaction according to our agreement with you, we will be liable for your direct losses or damages. However, there are some exceptions. We will not be liable if:

    1. Through no fault of Tech CU’s, you do not have sufficient available credit to make the transaction.
    2. The ATM system was not working properly and you knew about the breakdown when you started the transaction.
    3. Your PIN (personal identification number) has been reported missing and Tech CU has blocked its use.
    4. Circumstances beyond Tech CU’s control, such as fire, flood, electrical failure, or malfunction of the central data processing facility prevent the completion of the transaction despite our reasonable precautions; or there are other lawful exceptions established by Tech CU and you are given proper advance notice of them. In no event will Tech CU be liable for consequential indirect costs or damages.

    ATM Security

    Do not use an ATM machine unless it appears safe to do so. Do not key in your PIN if someone is looking. Be sure you take your card and receipt when you are done. Put your money away quickly and leave the site.

    U. YOUR BILLING RIGHTS: KEEP THIS NOTICE FOR FUTURE USE

    This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

    What to Do If You Find a Mistake On Your Statement

    If you think there is an error on your statement, write to Tech CU at P.O. Box 1409, San Jose, CA 95109-1409. In your letter, give us the following information:

    1. Account information: Your name and account number.
    2. Dollar amount: The dollar amount of the suspected error.
    3. Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.

    You must contact Tech CU:

    1. Within 60 days after the error appeared on your statement.
    2. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.

    You must notify Tech CU of any potential errors in writing. You may call us but we are not required to investigate any potential errors received by phone. You may have to pay the amount in question.

    What Will Happen After We Receive Your Letter

    When Tech CU receives your letter, we must do two things:

    1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.
    2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.

    While Tech CU investigates whether or not there has been an error:

    1. We cannot try to collect the amount in question or report you as delinquent on that amount.
    2. The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
    3. While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
    4. We can apply any unpaid amount against your credit limit.

    After Tech CU finishes our investigation, one of two things will happen.

    1. If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
    2. If we do not believe there was a mistake:

      You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.

      If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.

    If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question, even if your bill was correct.

    Special Rule for Credit Card Purchases

    If you are dissatisfied with the goods or services that you have purchased with your 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 purchase.

    To use this right, all of the following must be true.

    1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50.00. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you or if we own the company that sold you the goods or services.)
    2. You must have used your credit card for the purchase. Purchases made with Cash Advances from an ATM or with a Convenience Check that accesses your credit card account do not qualify.
    3. You must not yet have fully paid for the purchase. If all the criteria above are met and you are still dissatisfied with the purchase, contact us at: (800) 553-0880.

    While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe the amount and you do not pay, we may report you as delinquent.

    NOTICE TO CALIFORNIA RESIDENTS

    1. Under California law, Tech CU’s right to recover credit extended to you for purchases is subject to any defenses that you have against the seller if:
      1. The purchase price for the item in question exceeded $50.00
      2. The purchase was made in California
      3. You made a written demand on the retailer and made a good faith attempt to get satisfaction of your complaint
      4. You notify Tech CU in writing of the name of the seller, the date of purchase, the price paid, the goods or services purchased, the nature of your defense, and the acts which you took to obtain satisfaction from the seller.
       
    2. The amount to which the defense applies is limited to the amount outstanding on the purchase as well as late fee and Finance Charges at the time Tech CU receives your letter.
    3. This remedy is the only one you have against Tech CU. Your rights are limited to those circumstances outlined in California Civil Code Section 1747.90. Purchases with cash or check are not included in this section even though you used your Credit Card to validate your credit.
    4. Tech CU cannot penalize you by either giving out unfavorable credit information about you or canceling or refusing to renew your credit card solely because you obtained relief under the remedies you have for correcting billing errors.

    © 2016 Greene & Allison. All rights reserved. Used under license with publisher.

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