Electronic Services Disclosures ^top

1. Introduction

This agreement governs the following products/services offered by ESL Federal Credit Union (ESL):

ESL ATM Card (ATM/POS Transactions) The ESL ATM Card allows you to access your ESL^® accounts at any ESL ATM as well as at other ATM and POS terminals displaying the Wegmans Electronic Teller, NYCE^®, or PLUS^® network logos across the country and worldwide.

ESL Check Card The ESL Check Card provides you with all of the features listed for the ESL ATM Card, and in addition, allows you to make electronic purchases directly from your designated ESL checking account. Visa purchases made with an ESL Check Card are directly debited from your designated ESL checking account.

TEL-E$L^® (Automated Telephone Transaction Service) TEL-E$L is a computer assisted telephone self-service banking system that's available 24 hours a day, seven days a week. You can complete transfers between accounts in your name and obtain important credit union or account information by following a series of computerized voice prompts. TEL-E$L requires the use of a pre-assigned Personal Identification Number (PIN).

Automated Clearing House (ACH) Transactions The ESL ACH transaction service allows you to electronically perform credits and debits against your share accounts at ESL and transfer funds from other financial institutions to pay your loans or mortgages at ESL. These transactions are authorized by you through ESL or another institution and transmitted electronically.

Electronic Check Conversion (ECK) When you provide a check for payment, you authorize us to either use information from your check to make a one-time electronic fund transfer (ECK) from your account or to process the payment as a check transaction. For electronic transactions, funds may be withdrawn from your account as soon as the same day we receive your payment, and your check will be destroyed.

Internet Banking This service allows you to access all your ESL accounts via the Internet 24 hours a day, seven days a week. You can transfer funds between accounts at ESL as well as external transfers. In addition, you can view check images, receive your statements, change your address, order checks and much more.

Internet Bill Pay ESL Bill Pay service is offered through Metavante Corporation to members who use ESL Internet Banking. Bill Pay allows you to make payments to merchants, other institutions or individuals from your designated ESL checking account via the Internet. You can make one-time payments as well as set up recurring periodic payments.

Transfers to External Accounts This service is offered through Cash Edge to members who use ESL Internet Banking. You can transfer funds between your ESL checking or savings accounts and any external financial institution checking, savings or investment account held in your name.

Person to Person Payments (via email) Also offered through Cash Edge to members who use ESL Internet Banking, this service allows you to send funds via email to anyone in the U.S. who has an email address.

Member to Member Transfers Using ESL Internet Banking, you can transfer funds from your ESL checking, savings or loan to another ESL member's ESL checking, savings or loan account.

All Electronic Funds Transfer (EFT) Services This agreement is a supplement to certain other share account agreements which you have already entered into with ESL. It supplements those accounts which you and ESL have agreed will be accessed by one of the above services. This agreement supersedes all other share account agreements to the extent that there is a conflict.

The provisions of this agreement apply to all transactions covered by this agreement except where otherwise noted.

2. Personal Identification Numbers and Security

ESL ATM Card & ESL Check Cards Taking steps to activate and use your ESL ATM or ESL Check Card indicates your acceptance of the terms of this agreement. Since the ESL Check Card is a debit card, you also need to sign it. The cards must be used, together with your Personal Identification Number (PIN), to activate at the ATM or POS terminal. Notice of your PIN will be mailed to your statement address of record in a sealed computer mailer so that no one sees your PIN except you. You may change your assigned PIN at any ESL ATM. You are responsible for the control and use of the cards and/or PIN for yourself and/or any other person you allow to possess the cards and/or PIN. For your protection, you should guard the secrecy of the PIN and not write it on the cards or keep it in any place where it may be found with the cards.

We will inform you of any changes in the way the cards may be used. You do not need to enter a PIN to use the ESL Check Card at Visa merchant locations. However, you must first use the ESL Check Card at any ATM in order to activate the Visa purchase capabilities of the card.

TEL-E$L We will assign you a PIN which will be linked to your ESL member number. Notice of your PIN will be mailed to your statement address of record in a sealed computer mailer so that no one sees your PIN except you. You can change your PIN by following special TEL-E$L prompts. For your protection, you should guard the secrecy of your PIN. You are responsible for the control and use of the PIN and/or any other person you allow to possess the PIN.

Internet Banking You must use your TEL-E$L PIN to log onto our Internet Banking for the initial sign on. You will be forced to change your PIN upon initial logon to a secure password. Passwords must contain a mix of alpha and numeric characters and have a minimum of 6 and maximum of 16 characters. In addition to your member number and password, an extra layer of security involving three challenge questions is required for Internet Banking. During Internet Banking registration, you will be asked to select three challenge questions and provide simple, one-word answers to those questions. Upon completing this section, you will be provided the opportunity for the challenge question feature to recognize the computer you are using. If you select to have the computer recognized, a cookie will be placed on that computer, which will allow you to bypass the Enhanced Security challenge questions upon subsequent logins with that computer. If you select to not have the computer recognized, you will be prompted to respond to the three questions each time you log into Internet Banking.

3. Types of Available Electronic Transfers and Limits

ESL ATM Card You may use your ESL ATM Card and PIN for the following transactions relating to your account(s):

Withdraw cash from your checking or savings accounts.
Perform balance inquiries on your checking or savings accounts.
Transfer funds between your checking and savings accounts.
Make deposits to your checking or savings accounts at ESL or Wegmans ATMs.
Pay for purchases from your checking account at locations that have agreed to accept the card.

NOTE: Some of these services may not be available at all ATMs at all times. For POS terminal transactions, you may only withdraw from your checking account

Limitations: You can withdraw a maximum of $600.00 during any calendar day of the year. The combined daily amount of ATM deposits over $100 will be available no later than the second business day after the day of deposit (additional delays may apply). With your ATM card, you may make a maximum of 2 deposits each calendar day. Systems limits may apply to account transfers.

ESL Check Card You may use your Check Card for the following transactions relating to your account(s):

Items 1-5, as listed above for the ESL ATM Card.
Make electronic purchases directly from your designated ESL checking account at any Visa merchant location.

Limitations: You can authorize purchases up to a maximum of $2,500.00 during any calendar day of the year in addition to the $600.00 daily maximum for ATM withdrawals. Systems limits may apply to account transfers.

ACH Transactions Periodic electronic pre-authorized credits and debits will be made by third parties to the account which you indicated for such transactions. Examples of third-party ACH transactions include Social Security deposits, Kodak pension deposits, R.G.& E and Frontier payments.

The frequency and amount of these third-party pre-authorized transactions will be subject to the terms of the agreement which you have with the originator.

You can also authorize ESL to originate periodic electronic transfers from your accounts at other financial institutions to pay your loans and mortgages at ESL. The frequency and amount of any ESL originated pre-authorized transactions will be subject to the terms of this agreement and the authorization form you sign with ESL.

Internet Banking You may perform the following transactions to accounts in your name:

Perform inquiries on ESL accounts
Transfer funds between ESL checking, savings and Visa accounts
Transfer funds from an ESL checking or savings account to make an ESL loan payment
Receive account statements online
View images of cleared checks
Transfer funds between an ESL checking or savings account and an external financial institution checking, savings or investment account held in your name
Transfer funds between an ESL checking, savings or loan account in your name to an ESL checking, savings or loan account in another ESL member's name
Schedule transfers between ESL checking, savings and loan accounts in advance
Receive email notifications regarding the balance of your ESL accounts or when checks clear your ESL checking account

Internet Bill Pay When you apply for the Internet Bill Pay through Metavante Corporation, you must designate one or more ESL checking accounts as the accounts from which payments that you authorize will be deducted. You will be given the ability to set up merchants, institutions or individuals that you would like to pay. You are not permitted to designate governmental agencies or courts. ESL reserves the right to not allow the designation of a particular merchant or institution.

You can perform the following transactions:

From your designated ESL checking account, pay any designated merchant, institution or individual in accordance with this agreement a fixed recurring amount or a variable amount "on demand".
Obtain information (payee information, payment status information, etc.) about your Internet Bill Pay account.

ESL Internet Bill Pay Service is FREE with Premier checking or regular checking and direct deposit. (Members without Premier or direct deposit refer to the Fee Schedule.)

Transfer to External Accounts (via Internet Banking) When you register to use the external transfer service through Cash Edge, your ESL Federal Credit Union checking and savings accounts are automatically enabled to perform transfers to and from external financial institution accounts in your name. A trial deposit, generally in amounts less than $1.00 which is funded by Cash Edge, is made to the designated account during the authentication process. After your receiving account has been authenticated and you verify the trial deposit amount, you are free to make transfers. External transfers are limited to $2,000 per day or $5,000 per month per member. A fee will be assessed for each transfer performed through this service, see Fee Schedule.

Person to Person Payments (via Email) When you register to use the Person to Person service through Cash Edge, your ESL Federal Credit Union checking and savings accounts are automatically enabled to send payments. You may choose to send funds to anyone who has Internet access and who has a world wide web email address. The payee must collect the funds by logging into a designated Cash Edge web site using a shared secret code provided by the originator. The payee will then provide a destination account for the funds to be deposited. Person to Person payments are limited to $500 per day and $1000 per month. A fee will be assessed for each person to person payment performed through this service, see Fee Schedule.

All EFT Services Limitations:

Transfers which will overdraft or close your checking or savings account are not permitted.
If you initiate a bill payment which creates an overdraft, the Bill Pay account will be blocked from access. All payments in Bill Pay are SUSPENDED during the blocked period. If the payment is by check, and the check has not cleared, the Bill Pay service will stop the check. If the payment was electronic, the Bill Pay provider will attempt to collect funds up to three (3) times, and an insufficient funds fee will be collected for each attempt where the funds are not available in the account.
Any external or internal transfer, person to person payment or bill pay which creates an overdraft will be charged an insufficient funds (NSF), see Fee Schedule.
If you attempt to send a Person to Person payment from an account with insufficient funds, the payment will be stopped. You will receive an email informing you of the situation. For your convenience, we will resubmit the payment once automatically. In the meantime, for security reasons, the account in question will be temporarily suspended for further transactions. If the payment goes through the second time, we'll send you a follow-up email to let you know, and the account will be reinstated for activity.
If the payment does not go through on the second try, you will receive an email informing you of the situation. This email will include the contact information of the personnel who can help you resolve the problem.
Transfers cannot be made from any account in an unavailable status, such as a dormant or inactive account or an account with a savings account loan for the full balance amount, or from any account subject to legal process or other encumbrance restricting the transfer.
There is a limit of 6 withdrawals a month from savings or Money Maker account that you can make by a preauthorized, automatic or telephonic transfer, including internet and CheckOK^sm transfers, to another account with us or a third party. You can make no more than 3 of the 6 withdrawals by check. ATM transactions are not included.

4. Posting and Timing of Transactions and Documentation of Transactions

ESL ATM & ESL Check Card Any transfer of funds accomplished through the use of an ATM to or from an account will be credited conditionally and subject to verification as to the availability of funds. NO deposit or payment of funds shall be considered final until ESL has verified and processed the transaction. Withdrawals, deposits, and transfers of funds will be posted to your account at ESL immediately.

ATM deposits made at ESL or Wegmans Electronic Teller terminals are immediately posted to your ESL account, but may not be immediately available for withdrawal. In some cases, funds will be unavailable for withdrawal until the 2nd business day following an ATM deposit. This time frame may vary, however, depending on the verification of the contents of the ATM deposit envelope.

ESL Check Card The amount of authorized purchases made with your ESL Check Card at Visa merchant locations will be made immediately unavailable for withdrawal from your designated ESL checking account for up to two full business days following the date you performed the transactions. Most Visa purchase transactions will clear your designated ESL checking account in one to two business days, but some Visa purchase transactions (especially those performed at Visa merchants not electronically connected to Visa) may take longer, even weeks.

You remain liable for the full amount of any Visa purchases made with your ESL Check Card regardless of how long the purchase transaction takes to clear your designated ESL checking account and regardless of the balance in your account at the time the transaction clears.

Exchange Rates for Foreign Transactions The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.

An International Service Assessment fee in the amount of 1% of the international transaction will be deducted from your account.

Tel-E$L TEL-E$L transactions performed Monday through Saturday during regular business hours are immediately posted to your account. Transactions completed after regular business hours and on Sundays and Holidays will be posted to your account on the next business day. At the time a transaction is performed, TEL-E$L will notify you of the posting date.

Automated Transactions In the case of ACH transactions originated by third parties, posting dates are determined by the originator of the transaction and are submitted to ESL with the transaction itself. ESL posts these ACH transactions on the date provided by the originator, even If ESL receives the transaction(s) before the scheduled posting date.

For ACH transactions authorized by you to be originated by ESL for the purpose of paying your ESL loan or mortgage, posting dates will be determine by ESL that satisfy the terms of your loan or mortgage agreement.

For ACH transactions authorized by you to be originated by ESL to transfer funds from another institution to your share account(s) at ESL, the posting date(s) will be authorized by you on the ACH transaction authorization form. However, the specific posting date(s) may periodically change to complete processing around weekends and holidays.

Internet Banking Internet Banking account transactions performed Monday through Saturday during regular business hours are immediately posted to your account. Transactions completed after regular business hours and on Sundays and Holidays will be posted to your account(s) on the next business day. Transaction confirmations will contain the posting date. A record of these transactions will be fully disclosed on your periodic statement. In addition, you will receive a confirmation number at the time of each transaction.

Internet Bill Pay You should allow at least 3 business days for electronic payments and 5 business days for merchants, institutions or individuals to receive your check payment. For recurring payments, your payment will be sent to the merchant, institution or individual on the date you selected or the previous business day if that date is a weekend or holiday. If you authorize an "on demand' payment to be made on the same business day, that payment will be sent to the merchant, institution or individual on the next business day. Payments will be posted to your ESL account within two business days of the date that the payment was sent to the merchant, institution or individual. A record of these transactions will be fully disclosed on your periodic statement. In addition, you will receive a confirmation number at the same time of each transaction.

Transfer to External Accounts (via Internet Banking) External transfers requested Monday through Friday during regular business hours are posted to your destination account once the funds have been successfully drawn from your source account. Your transaction remains "In Process" for the number of days indicated while initiating your transfer from the day you send your request. After that, the status gets updated to "Complete", indicating a successful transaction, provided we have not received notice of any problems with the transfer.

Member to Member Transfers (via Internet Banking) Transactions performed Monday through Saturday during regular business hours are immediately posted to the recipient's account. Transactions completed after regular business hours and on Sundays and Holidays will be posted to your account(s) on the next business day. Transaction confirmations will contain the posting date. A record of these transactions will be fully disclosed on your periodic statement. In addition, you will receive a confirmation number at the time of each transaction.

Person to Person Payments are generally available for your payee to collect within two to three business days from the day you have submitted your request. The recipient must complete the collection process within 30 days of receiving email notification of your Person to Person payment. If there has been no response from your payee, the funds are automatically returned to the source account.

Periodic Statement A record of all EFT transactions will be fully disclosed on your periodic statement.

5. Documentation of Transfers

ESL ATM Card You will get an acknowledgment form at the time you make any transaction from or to your account(s) using either an ATM or POS facility.

ESL Check Card You will get an acknowledgment form at the time you make any transaction from or to your account(s) using either an ATM or POS facility. You will also get a receipt at the time of purchase when using your card at Visa merchant locations.

ACH Transactions If you have arranged to have direct deposit of payroll made to your account, the company making the deposit will tell you every time they send us a deposit. If you have arranged to have other types of direct deposits made to your account at least once every 60 days from the same person or company, you can call TEL-E$L at 585.336.1200 to find out whether or not the deposit has been made.

If you are making pre-authorized payments to a person or company through ACH transactions and the amount of the payments could vary, the person or company you are going to pay, including ESL, will tell you, ten calendar 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 fan outside certain limits that you set.

Transfer to External Accounts and Person to Person Payments will be documented with an email to the email address you provided upon registration for the service.

All EFT Services Checking, Premier, Money Maker, and some Daily Dividend savings account statements are sent to you each month. Other daily Dividend Savings account statements, where there are no EFT transactions in a particular month, are mailed at the end of each calendar quarter. Statements will indicate all of your account activity including EFT and POS transactions during the statement period.

6. Liability for Failure to Make Transfers

If we do not complete a transfer from or to your account(s) on time or in the correct amount, ESL's liability is limited to any late fees you may have incurred as a result of the failure to effect the transfers. In addition ESL is not liable:

ESL ATM Card & ESL Check Card

If the ATM where you are making the transfer does not have enough cash, or;
If the ATM, POS, or Visa terminal was not working properly.

TEL-E$L

If there is a terminal or equipment failure.

ACH Transactions

If the following occurs: Originator's of ACH transactions to ESL may send ESL a "pre-notification" of impending transactions, before the actual transaction(s) is sent. ESL may reject a pre-notification and/ or subsequent ACH transaction(s) if the required information to successfully post the transaction is inaccurate and/or incomplete. This process could delay the actual posting date of a scheduled ACH transaction or payment.
If ESL is originating the transaction:
- If you have not given us complete, accurate, or current account number or other identifying information so that we or another financial institution can properly process your request
- If your account at another financial institution that you have requested ESL to draw funds from has an insufficient balance, stop payment, or some other encumbrance at the time of the transaction to prevent ESL from completing the transaction.
- If another financial institution that you have requested ESL to draw funds from does not promptly or properly process your transaction within the guidelines of the New York Automated Clearing House (NYACH) or the National Automated Clearing House Association (NACHA).

Internet Banking and Bill Pay If we do not complete a transfer from or to your account(s) on time or in the correct amount, ESL's liability is limited to any late fees you may have incurred as a result of the failure to effect the transfers. In addition ESL is not liable:

If there is terminal or equipment failure.
If your telephone, PC, Internet Banking, or Internet Bill Pay was not working properly and the equipment failure should have been apparent to you when you attempted to authorize a transaction.
If you have not given us complete, accurate, or current account numbers or other identifying information so that we or a merchant institution can properly credit your account.
If you have not properly followed the Internet Banking or Internet Bill Pay instructions or have provided us with wrong or inaccurate information.
If you fail to notify us of any inaccuracy in any merchant list that has been set up on your account.
If you receive notice from a merchant or institution that any payment you have made through Internet Banking and Internet Bill Pay remains unpaid, and you fail to notify us promptly of that fact.
If the payee was a merchant or institution you are not permitted to designate (see Section 3).
If you do not set up the payment soon enough for your payment to be received and credited by the payee by the due date.
If the payee does not credit your payment promptly or properly after receipt.

All EFT Services

If, through no fault of ours, your account(s) does not contain enough money to make the transfer, or;
If the funds are subject to legal process or other encumbrances restricting such transfer, or;
If the transfer would go over the credit limit on an overdraft line of credit you may have, or;
If circumstances beyond our control (such as fire or flood) prevent the transfer, and we have taken reasonable precaution to avoid such circumstances.

7. Liability for Unauthorized Transfers

All EFT Services An unauthorized transfer is a transfer that you have not authorized, including one made with a lost or stolen ESL ATM or ESL Check Card and/or PIN or TEL-E$L PIN. If you believe that someone has transferred or may transfer money from your account without your permission, or if your account statement shows transfers you did not make you must notify ESL. Telephoning is the best way of informing us and keeping your possible losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit). If you tell us as soon as discovery is made of an unauthorized transfer, you may have no liability for the losses. Notwithstanding the above, you may be liable for greater amounts than listed above to the extent allowed under applicable law only if we determine that you were grossly negligent or fraudulent in the handling of your account.

8. Unlawful Use of Financial Services

Any financial service provided by ESL may be used for any transaction permitted by law. You agree that illegal use of any financial service will be deemed an action of default and/or breach of contract and such service and/or other related services may be terminated at ESL's discretion. You further agree, should illegal use occur, to waive the right to sue ESL for such illegal activity directly or indirectly related to it. You also agree to indemnify and hold ESL harmless from any suits or other legal action or liability, directly or indirectly, resulting from such illegal use.

9. Who to Call for Lost and Stolen Cards or Unauthorized Transfers

ESL ATM Card & ESL Check Card If you believe that your ESL ATM Card or ESL Check Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you should call 800.848.2265, Monday-Friday, 7:30a.m.-4:30p.m. All other times, call 800-754-4128.

TEL-E$L and Internet Banking If you believe that your TEL-E$L PIN and/or Internet Banking PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you should call 585.336.1000 or 800.848.2265, or write:

Tele-Banking Center
ESL Federal Credit Union
100 Kings Highway South, Suite 1200
Rochester, N.Y. 14617-5598

10. Business Days of ESL Federal Credit Union

All EFT Services Our regular business days for posting ATM, VISA Check Card, and TEL-E$L transactions to your account are Monday through Saturday, except for holidays normally observed by the banking community in Rochester, New York. Our regular business days for posting ACH and Internet Bill Pay transactions to your account are Monday through Friday, except for holidays normally observed by the banking community in Rochester, New York.

11. In Case of Errors or Questions About Your Electronic Transfers

All EFT Services Telephone us at 585.336.1000 or 800.848.2265, or write us at:

Tele-Banking Center
ESL Federal Credit Union
100 Kings Highway South, Suite 1200
Rochester, N.Y. 14617-5598

Contact us as soon as you can if you think your statement is wrong; if you think that someone has transferred or may transfer money from your account without your permission, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error occurred If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

Tell us your name and account number(s).
Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error. We will determine whether an error has occurred within ten (10) business days (20 business days for new member accounts) after we hear from you and will correct any error promptly, by crediting your account within one (1) business day. If we need more time, however, we may take up to forty-five (45) days (or 90 days for foreign-initiated transactions and all transfers resulting from point-of-sale debit card transactions and new member accounts) to investigate your complaint or question. If we decide to do this, we will re-credit your account within ten (10) business days (or 20 business days for new member accounts), so that you will have access to the money during the time it takes us to investigate your complaint or question. 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 re-credit your account. If we decide there is no error, we will send you a written explanation within three (3) days after we complete our investigation and re-debit your account. You may ask for copies of the documents that we used in our investigation.

12. 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 to us on a separate sheet at the address listed on your statement. We must hear from you no later than 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 the letter give us the following information:

Your name and account number.
The dollar amount of the suspected error.
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.

YOUR RIGHTS AND RESPONSIBILITIES; AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 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 in question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against you 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 the 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 your questioned amount. If we didn't 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 that it is due.

If you fail to pay the amount that we determine that you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten 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 we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is.

If we don't follow these rules, we cannot collect the first $50 of the questioned amount, even if your statement was correct.

Special Rule for Credit Card (which could also include your check card) Purchases If you have a problem with the quality of property or services that you purchased with a credit card (which could also include your check 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 on this right:

You must have made the purchase in your home state or, if not within your home state within 100 miles of your current mailing address; and
The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services.

13. Documentary Evidence Charges

If you request documentary evidence of a transaction on your account (for example, a verification of a withdrawal), we may pass along to you the cost to us of researching this evidence (see Fee Schedule for amount). No such charge will be imposed if the documentary evidence differs from the transaction as previously reflected on your statement.

14. Service Charges

ESL ATM & ESL Check Card All transactions are free when using an ESL ATM. Deposits, inquiries, transfers, POS, and Visa Check Card transactions are free. 5 free non-ESL ATM withdrawals per month with direct deposit or Premier checking. Thereafter, we will charge your account and you agree to pay a charge for all withdrawals over 5 per account each month that were processed at a non-ESL ATM. See Fee Schedule for amount.

You may be charged additional ATM transaction "surcharges" at certain ATMs owned and operated by other institutions and not controlled by ESL, even if the NYCE or PLUS network logos are displayed (and you may be charged a fee by them for a balance inquiry). An institution implementing an ATM transaction surcharge at their ATMs must disclose to you the amount of the surcharge before you complete your transaction and must give you the option to discontinue your transaction before you incur such a surcharge. ESL has no control over these surcharges and does not receive any portion of the surcharge.

Any ATM, POS, or Visa Check card transaction that clears against insufficient funds in your account at ESL will result in an NSF fee for each transaction, regardless of the account balance indicated at the ATM, POS, or Visa terminal at the time you performed the transaction. Due to different computer updating processes, the account balance indicated at the ATM, POS, or Visa terminal may not always reflect the actual balance in your account at ESL. Refer to the ESL Fee Schedule for fee amounts.

If you request a new ATM or Check card to be expedited, there may be a rush charge fee. See Fee Schedule for fee amount.

ACH Any ACH transaction that clears against insufficient funds in your account at ESL will result in an NSF fee for each transaction according to the ESL Fee Schedule.

Internet Bill Pay If you have elected to use Internet Bill Pay, we will charge your designated ESL checking account according to the ESL Fee Schedule for each payment that you send. If you authorize an Internet Bill Pay transaction that causes your designated ESL checking account to overdraft, your account will be charged an overdraft charge, see Fee Schedule for amount.

Transfers to External Accounts If you have requested an external account transfer, we will charge the account which you are transferring funds from according to the ESL Fee Schedule for each transfer that you send. If you authorize an External Account transfer that causes your designated ESL account to overdraft, your account will be charged an overdraft charge (see Fee Schedule for amount). However, ESL reserves the right to cancel any External Transfer that would cause your designated ESL account to be overdrafted. All charges will be automatically debited from your designated account at ESL.

Person to Person Payments If you have requested a Person to Person payment, we will charge the account which you are authorizing the funds to be withdrawn from according to the ESL Fee Schedule for each payment that you send. If you authorize a Person to Person payment that causes your designated ESL account to overdraft, your account will be charged an overdraft charge (see Fee Schedule for amount). However, ESL reserves the right to cancel any Person to Person payment that would cause your designated ESL account to be overdrafted. All charges will be automatically debited from your designated account at ESL.

15. Stopping Payment

ESL ATM Card & ESL Check Card & TEL-E$L In view of the immediate posting of some of these transactions, you may not stop payment on any ESL ATM Card, ESL Check Card or TEL-E$L transactions.

ACH Transactions If you have arranged with a third party to make regular ACH debits from your account, you can stop any of those withdrawals:

Single Pre-Authorized Payment: If you wish to stop a single pre-authorized payment, call us at 585.336.1000 or write us at the address in Section 11 in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we will require you to put your request in writing, and submit it to us within fourteen (14) days after you call. A Stop Payment fee may be charged for this service; refer to the ESL Fee Schedule.

Series of Pre-Authorized Payments: If you wish to stop a series of pre- authorized payments to be made to the same person or company over a period of time, you must first contact the payee who was to receive the payments, requesting that the payments be discontinued. Then, call us at 585.336.1000 or write us at the address in Section 9 in time for us to receive your request three (3) business days or more before the next payment is scheduled to be made. We will then stop all future payments to that payee. If you call, we will require you to complete an Affidavit of Unauthorized ACH Debit Activity, and submit it to us prior to the next scheduled debit. We may also require a copy of the notice that you sent to the payee who was to receive the pre-authorized payments, requesting that the payments be discontinued. A stop payment fee may be charged for this service; refer to the ESL Fee Schedule.

Internet Banking and Internet Bill Pay:In view of the immediate posting of Internet Banking transactions, you may not stop payment on any Internet Banking transaction. However, you may stop payment on the Internet Bill Pay transactions. If you wish to stop a payment to a merchant that has not yet been processed, you may simply cancel the payment through the Internet Bill Pay system. If you wish to stop a payment that has already been processed by the Internet Bill Pay, you must call the Internet Center at 800.848.2265 or 585.336.1000 and speak with an Internet Representative.

Transfers to External Accounts You may cancel an External Transfer any time before the cutoff time (1:00 a.m. EST) by clicking on the "cancel' link next to the transaction in the status column. Once your Transfer Funds request has been transmitted to ACH, you can not cancel the transaction. You may request a second transfer between the same two accounts to attempt to send the funds back to their point of origin (reversing your first transfer).

Person to Person Payments You can stop a Person to Person payment at any time before the recipient collects the funds by going to your History screen, find the transaction in question, and click "Cancel' next to the transaction under the Status column. You will be asked if you're sure you want to cancel the transaction. Click "Yes." You can also cancel a transaction in the exact same manner from the "Action" column of your Overview screen. The funds will be returned to the account of origin.

16. Liability for Failure to Stop Payment

If you request to stop one or more payments three (3) business days or more before the transfer is scheduled and we do not do so, ESL's liability is limited to any late fees you may have incurred as a result of the failure to effect the transfers. In addition ESL is not liable:

If there is a terminal or equipment failure.
If circumstances beyond our control (such as fire or flood) prevent the transfer, and we have taken reasonable precaution to avoid such circumstances.
Our failure to stop payment resulted in payment on your behalf of a debt for which you were actually liable and you thereby received the benefit of our payment.

17. Cancellation

ESL ATM Card & ESL Check Cards You may not use your ESL ATM Card or ESL Check Card for any transaction after the expiration date printed on the card. You may cancel card privileges at any time by delivering all cards to us cut in half. We may cancel your card privileges at any time, and need not give you advance notice of such cancellation. You must return all cards immediately upon request. Cancellation of card privileges in no way affects your responsibility for card transactions chargeable to your account(s), whenever the transactions are posted to us.

TEL-E$L If you do not access TEL-E$L for a period of 12 consecutive months, your access privileges will be cancelled. You can reinstate these privileges simply by calling us at 585.336.1000 or 800.848.2265.

ACH Transactions ACH transactions authorized by you to be originated by ESL for the purpose of paying your ESL loan or mortgage will remain in effect until you provide further written notice to ESL in such a manner as to afford ESL reasonable opportunity to cancel such transactions before they are processed. ESL reserves the right to revoke your authorization for us to originate ACH transactions for the purpose of paying your ESL loan or mortgage if your account at the institution you designate ESL to obtain funds from has insufficient funds in any given month for us to process your request.

Internet Banking and Internet Bill Pay If you do not access either the Internet Banking or Internet Bill Pay Services for a period of 6 consecutive months, your access privileges will be cancelled. You can reinstate these privileges simply by calling us at 585.336.1000 or 800.848.2265.

You may terminate Internet Banking or Internet Bill Payment Service at any time by notifying us in writing and no longer using the service. To cancel Internet Bill Payment Services you may also call 1-800-848-2265. Any authorizations from you to make payments will continue in effect until we have received your written notice of termination and have had a reasonable opportunity to process it. Once we have acted upon your verification of termination, no further payments will be made; including payments scheduled in advance or preauthorized recurring payments.

ESL also reserves the right to terminate your Internet Banking and/or Internet Bill Pay Service at any time and without advance notice if you incur excessive NSF or overdraft transactions, or otherwise misuse the service(s). Termination of Internet Banking and/or Internet Bill Pay privileges in no way affects your responsibility for Internet Banking and Internet Bill Pay transactions chargeable to any of your ESL accounts, when the transactions are posted to us. Any such termination by you or ESL applies only to Internet Banking and/or Internet Bill Pay service(s) and does not necessarily close any of your accounts or services.

18. Disclosure of Account Information

All EFT Services We will disclose information to third parties about your account(s) or transfer(s):

Where it is necessary for completing transfers; or
In order to verify the existence and condition of your account for a credit bureau; or
In order to comply with government agency or court order; or
If you give us your written permission.

19. Applicable Law

Except to the extent that Federal law is controlling, your rights, our rights, and the terms of this Agreement will be governed in all respects by New York State law.

20. Amendments

From time to time, we may amend this agreement. If an amendment results in increased cost to perform an EFT transfer or service; or increased liability to you, decreases the type of electronic funds transfers available to you, or places stricter limitations on the frequency or dollar amount of transfers, written notice of the amendment will be mailed to your current address as shown on our records at least 21 days before the effective date of the amendment. However, if an immediate change in terms or conditions is necessary to maintain or restore the security of an electronic funds transfer system or account, we will provide written notice of the change to you on the next periodic statement or within 30 days, unless disclosure would jeopardize the security of the system or account.

ACCEPTED BY:
ESL Federal Credit Union
Administrative Offices, 100 Kings Highway South, Suite 1200
Rochester, New York 14617-5598

20-4112 (9/07)