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UNIVERSITY OF NOTRE DAME DEBIT PROGRAM AGREEMENT

I. Introduction

This is your Debit Program Agreement with the University of Notre Dame du Lac (“the University”) with respect to the debit function of your Campus Identification Card. By using the debit function of your card for any electronic transaction, you agree to be bound by the terms and conditions of this Agreement and the University’s Campus Identification Card policy. The debit program utilizes the Campus Identification Card. As explained in the Campus ID Card policy, you are the only authorized user of your identification card. You should not give anyone else your card or let anyone else use it. The loss or theft of the card must be reported to the Card Services Office. If such loss or theft occurs after regular office hours, the report should be made the Notre Dame Security/Police Department. It is important that the missing card be reported as soon as possible since the card could be misused. Upon notification, a new ID card will be issued promptly and the old care will be invalidated. There is a $30.00 charge for this service. Once a replacement card is issued, no refund will be made, even if the missing card is found.

II. Effective Date

The terms of this Agreement apply to all current and new debit account relationships you have or hereafter enter with the University. The University may change the terms of this Agreement and its Campus Identification Card Policy from time to time. The University will give you notice of the change as required by applicable law. The University reserves the right to waive the enforcement of any of the terms of this Agreement will respect with any transaction or series of transactions. Any such waiver will not affect our right to enforce any of the terms with respect to other cardholders or to enforce any terms with respect to later transactions involving the same cardholder.

III. Right to Close Account

You may close your debit account to any time. However, meal plan participants receiving meal plan credits from the University (e.g., Flex 14 participants) may only change meal plans at the end of an academic term. Once a debit account is closed, it may not be reopened again until the following academic term in the absence of prior written approval by Card Services. The University reserves the right to close your debit account at any time. Before closing your debit account, the University will give you any notice required by law. If your debit account is closing, the University will send the balance on deposit, less applicable fees, charges and any amounts you owe the University, to your most recent address shown on our records.

IV. Laws Governing Your Debit Account

Each of your debit accounts is governed by the laws of the state of Indiana, the laws of the United States, rules and regulations of the Federal Reserve board and all other applicable laws and regulations.

V. Interest and Fees

The University reserves the right to charge a fee for its service, including but not limited to a fee for maintaining your debit account. Interest shall not be paid, due or owing on any monies in your debit account. The University can begin charging such a fee, or change its fees, at any time but will give you prior notice of the change as required by applicable law.

VI. Transferring of Ownership

A debit account is not transferable, except by the University, in its discretion, on its own books and records. If transferred, the University may require that the account be closed and a new account opened in the name of the transferee.

VII. Notices and Other Mail

Any notice, statements or other correspondence that the University sends you regarding any of your debit accounts may be sent to you by electronic mail, or by U.S. Mail to the last address you have given us and will be effective upon forwarding or mailing to such address.

VIII. Right of Set-Off

The University reserves a right of set-off and may charge any of your debit accounts for any debts or liabilities you owe to the University. The University may exercise its right of set-off at any time and for any reason allowed by law. If there is more than one owner of an account, this includes the debts and liabilities of any owner. We will not be liable for the dishonor of any debit or proposed debit when the dishonor occurs because we set-off a debt or fee against your account. We may exercise the right of set-off even if it results in denial of a debit or proposed debit.

IX. Government Levy/Legal Attachment

The Internal Revenue Service (IRS) can issue Notice of Levy attaching money on deposit in any account the date the levy is received. In the event we receive a levy on your debit account, we will mail a copy of the levy, in addition to our instruction letter, to the address that we have on file for your account. An order from a court or other government authority could require us to hold or tender funds in your debit account, or any other property we are keeping for you. If we must comply with such an order, we reserve the right to subtract a reasonable fee from your account. If we must comply with a subpoena or legal process that forces us to provide information about your account, or about some other financial relationships you have with the University, the party that had the subpoena issued normally will be assessed any charge for compliance.

X. Unclaimed Property

Indiana law requires that we turn over your dormant debit account (exclusive of meal plan credits) to the state if you have not done any of the following:
1. Made a deposit or debit transaction within the time period specified by law;
2. Corresponded in writing with us concerning the dormant status of your account with the time period specified by law. To recover your funds, you must file a claim with the applicable state agency.

XI. Disclosure of Account Information

The University respects your right of privacy. We will disclose information about your account or electronic fund transfers under the following circumstances:
(a) Where it is necessary to complete any electronic funds transfer or other transaction;
(b) To verify the existence and status of your account for other creditors, credit bureaus;
(c) To report our experience regarding your account to financial institutions or credit reporting agencies;
(d) To comply with a request from a government agency, a court order or other legal process;
(e) To enforce our rights; or
(f) If we have written permission.
In addition, we may disclose information about your debit account to an account verification service if we close your account.

XII. Death/Incompetence of a Depositor

Your death, or the declaration that you are legally incompetent does not end our authority until we receive written notice of your death or declared incompetence. We may require the surviving owner(s) to provide proof of your death or incompetence and tax releases or other documents required by law or government authorities. Accounts belonging to the deceased may be frozen pending release. The University will not be liable for the action it takes until the University is informed of the fact of death or a judgment of incompetence by court order and has a reasonable opportunity to act on it.

XIII. Currency Transaction Reporting

The Bank Secrecy Act, a federal law, requires all financial institutions to report large currency transactions to the Internal Revenue Service (IRS). The University will prepare a currency transaction report at the time any large currency transaction occurs and forward it to the IRS. In order to complete the report, we are required to give out certain information about the individual presenting the transaction as well as the organization or individual for whom the transaction is being conducted.

XIV. Change of Address

Statements and other information regarding your debit accounts will be sent to your via electronic mail, campus mail or regular mail lat the last such address you have provided. Students should promptly notify the Registrar’s Office in writing with a change of address. Faculty and staff should promptly notify the Department of Human Resources in writing with a change of address.

XV. Deposits and Debits

Subject to our right to require notice before withdrawals from your debit account, we may make deposits to and withdrawals from your debit account at any time we are open to transact business. You may make such transactions in person or by any of the methods the University has or makes available. All deposits to your debit account are subject to the University’s right to review the cash, checks or other items deposited to confirm the amount of the deposit and that all checks and other items are properly payable. The University can correct any errors it finds and debit or credit your debit account accordingly. Unless otherwise agreed upon in writing, the University is authorized to accept a deposit to your account from anyone, made in any manner, at any time. The University reserves the right to refuse to accept any check or item to be deposited into your debit account. When we credit your account for a check or other non-cash items deposited we do so conditionally. We can revoke a debit or credit for any reason permitted under applicable law. The University has the right to supply any missing endorsements needed to facilitate our status as a “holder” of the check that you or a third party deposits to your account. You hereby agree to reimburse the University for any loss we incur because an item was not endorsed exactly as drawn.

XVI. Resolution of Disputes

Except as otherwise provided in this paragraph, you and the University agree to waive litigation and agree that the sole procedure for resolving every claim or dispute in connection with this Agreement shall be by applying the methods set forth in the Rules of Alternative Dispute Resolution (ADR) promulgated by the state of Indiana as amended from time to time on University property in 60 day increments as follows:
(a) conduct mediation and
(b) submit unresolved issues to binding arbitration at which time the arbitrator shall dismiss claims that, under Indiana law, are beyond an applicable statute of limitations or that do not constitute a cause of action. If necessary, you or the University may commence an action to compel ADR. Judgment on an ADR award with the costs may be entered in any court with competent jurisdiction. Provisions of this paragraph shall be specifically enforced by any court having jurisdiction.

XVII. Debit Account Terms

Statements and information pertaining to your debit account will be mailed to you at the last campus address, off-campus address or electronic mail address the University has on record for you. You agree to promptly and carefully examine the statement and any debit or transaction noted on the statement and report to the University any unauthorized transaction within 14 days of when the University mails your statement or otherwise makes it available to you. You will advise us of any errors or any claims for credit or refund. If you fail to do any of the foregoing within the 14 day period, the University will assume that you have accepted the stated balance as being correct. Your failure to promptly review your statements and its contents or to notify the University of any alterations or unauthorized signatures within the 14 day period precludes you from seeking redress from the University for all transactions or matters covered by the statement. CAUTION: You are in the best position to detect an unauthorized transaction or material alteration.

If the law requires a longer period for a specific transaction, the 14 day period will be extended for that period, notwithstanding the foregoing. The University will not be liable for any forgery or alteration that could not be detected by a reasonable financial institution. In addition, the University will not be liable for any debit account transactions signed with an unauthorized facsimile signature.

XVIII. Electronic Banking Agreement (Regulation E)

Electronic Funds Transfer is a means of transferring funds other that by using a check, draft or similar form. EFT’s include but are not limited to debit card transactions. The University may limit the availability of these services. This disclose outlines the basic rights, liabilities and responsibilities stated in the Electronic Funds Transfer Act, Regulation E.

XIX. Fees

The University reserves the right to deduct from your debit account any fees or expenses incurred for EFT services. You agree not to hold the University responsible for refusing to honor debit transactions because of insufficient funds in your account as a result of these fees or expenses.

XX. Terminating Card Privileges

The University reserves the right to deduct from your debit card privileges at any time without notice to you. You may terminate your debit card privileges at any time, subject to the restrictions set forth in Article III above, by notifying Card Services in writing at 217 South Dining Hall, University of Notre Dame, Notre Dame, IN 46556.

XXI. Reporting Lost or Stolen Cards/Unauthorized Use

If your debit card has been lost or stolen, you must contact the campus Card Services Office immediately. If you believe an unauthorized electronic funds transfer has taken place with respect to your debit account, contact the Card Services Office as soon as possible by phone 631-7814 or in person at B001 South Dining Hall, University of Notre Dame, Notre Dame, IN 46556. Notice can be given be telephone, in writing or in person. The University’s regular office hours are 8:00 a.m. to 7:00 p.m. Monday through Friday, exclusive of holidays. Extended hours will be posted.

XXII. Customer Liability

Prompt action is crucial in the event of a lost or stolen debit card. If you believe a loss, theft or error has occurred or someone has used your hard without your permission and you contact us within two (2) business days of discovery, your loss will be no more than $50.00

It is important to note that you could lost as much as $500.00 if you do not contact us within two (2) business days after discovering the loss and it appears that the University could have prevented the loss had you contacted us within that period. Also, if your statement shows transactions that you did not make, and you do not contact us within 14 days after the statement is mailed to you, you may not be able to recover any money lost after that time if it appears that your contacting us would have prevented the loss. An unauthorized transaction is one that does not benefit you, by a person who does not have your actual permission. A withdraw by a joint owner or other person with an interest in or authority to transact business on your debit account is not an unauthorized withdraw.

XXIII. Right to Receive Documentation

You will receive a memo receipt at the time you make any transfer to or from your debit account. You will receive a monthly statement by electronic mail, campus mail or U.S. mail (in the University’s discretion). The statement will reflect your debit card account activity during the month. The monthly statement will be sent only to the cardholder unless the cardholder requests in writing that Notre Dame Food Services send the statement to a third party.

XXIV. Location of Transactions

Your debit account may be used on the Notre Dame campus at authorized campus outlets.

XXV. Termination of Electronic Transfer

Either the University or you may terminate an Electronic Transfer Service. The University may terminate your right to receive electronic funds transfers and your card privileges at any time by sending you a notice in writing to the last campus address, U.S. Mail address or electronic mail address the University has on record for you. You may terminate electronic funds transfers, subject to the restrictions set forth in Article III above, by writing Card Services at 217 South Dining Hall, University of Notre Dame, Notre Dame, IN 46556.

XXVI. Preauthorized Credits

You must specifically authorize the person or governmental authority to deposit funds electronically into your debit account. You have the right to find out whether an electronic payment has been credited to your account. You can contact Notre Dame Food Services at 631-7814 or write to the address in the paragraph above.

Electronic payment is provisional until the University receives final settlement or payment. If the final settlement or payment is not received, the University is entitled to a refund. At the (direction of the person or government agency which deposited the funds, the University may return the funds from your account without notice to you.

XXVII. Liability for Failure to Make Transfers

If the University does not complete a transfer to or from your debit on time or for the correct amount, according to this Agreement with you, the University will be liable for your actual losses or damages but not for any consequential or incidental damages. However, there are some exceptions. For instance, the University will not be liable.

(a) if, through no fault of yours, your account does not contain sufficient collected and available funds to make the transfer;
   

 


Page last modified on
July 24, 2003
Notre Dame Food Services
Email: ndfood.1@nd.edu

Copyright © 2001 University of Notre Dame
Notre Dame Indiana 46556 (219) 631-5000