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DISCLOSURES AND RULES GOVERNING
ELECTRONIC FUND TRANSFERS
Since you are a
customer of the Bank, Federal Reserve regulations require the
Bank to advise you of regulations affecting Electronic Fund
Transfers to or from your accounts. The regulations outlined in
this Part V will apply to you if you have an account (other than
account held under a bona fide trust agreement) established
primarily for personal, family or household purposes and utilize
one or more of the electronic fund transfer services offered by
the Bank such as debit card and point of sale transactions,
electronic check transactions, the direct deposit of federal
recurring payments, or automated clearinghouse transfers (such
as payroll, dividend checks or automated bill paying). If you
have any problems, questions or would like to resolve any
errors, please write, telephone or e-mail the Bank during
regular business hours on any business day (Monday through
Friday, excluding Holidays) at the address or telephone number
listed: First State Bank & Trust, P.O. Box 219,
Tonganoxie, KS 66086-0219 or (800) 463-7782.
CONSUMER LIABILITY
Tell the Bank AT ONCE if you believe your Visa debit card and/or
personal identification number has been lost or stolen.
Telephoning is the best way of keeping your possible losses
down. You could lose all the money in your account plus your
maximum overdraft line of credit. If you tell the Bank within
four business days after you learn of the loss or theft, you can
lose no more than $50.00 if someone used your Visa debit card or
personal identification number without your permission. If you
do NOT tell the Bank within four business days after you learn
of the loss or theft of your Visa debit card or personal
identification code, and the Bank can prove that it could have
stopped someone from using your Visa debit card or personal
identification number without your permission if you had told
the Bank, you could lose as much as $300.00. Also, if your
statement shows transfers/transactions that you did not make,
tell the Bank at once. If you do not tell the Bank within 60
days after the statement was mailed to you, you may not get back
any money you lost after the 60 days if the Bank can prove that
it could have stopped someone from taking the money if you had
told the Bank in time. If a good reason (such as a long trip or
a hospital stay) kept you from telling the Bank, it will extend
the time periods.
CONTACT IN THE EVENT OF UNAUTHORIZED TRANSFERS
If you believe your Visa debit card and/or personal
identification number has been lost or stolen or that someone
has transferred, or may transfer, money from your account
without your permission, write, telephone or e-mail the Bank at
the address or phone number shown in this Agreement.
TYPES OF TRANSFERS AND LIMITATIONS:
ATM Transactions are those instituted at an
automated teller machine initiated using your Visa debit card
and personal identification number. If we have issued you a
debit card, it has ATM capabilities. Any reference in this
Electronic Funds Transfer Notice to an ATM card shall also refer
to your use of a debit card at an ATM.
Direct Deposits are preauthorized credits to
your designated checking/savings account by governmental
agencies, employers or other third parties, which are
transmitted electronically, such as direct deposit of Social
Security checks, payroll checks, etc.
Automated Clearing House Debits or Credits are
preauthorized periodic payments to, or receipts from third
parties by electronic means, such as automatic payment of your
insurance premiums, utility bill, etc.
Point of Sale Transactions are purchases of
goods and services paid for by debiting your checking account
through a point of sale terminal at the location of a
participating merchant, which are initiated through the use of
your VISA DEBIT CARD and personal identification number.
Electronic Check Transactions occur when a
merchant uses your blank, partially or fully completed check to
obtain information for initiating a one-time ACH transaction
from your account.
Federal regulations limit the payments you may make from your
money market account to third parties to six (6) per statement
cycle of which no more than three (3) may be check, draft,
direct debit at a point of sale terminal or similar order. There
will be no limitation on the number of withdrawals from your
money market account when such withdrawals are completed in
person or through an automated teller machine.
Transactions that may be performed at an automated teller
machine depend upon the location as indicated below. Cash
withdrawals will be limited to a maximum of $505.00 per business
day cycle. Purchases of goods & services per business day cycle,
inclusive of cash withdrawals, will be limited to a maximum of
$2,505.00. If our ATM network host is unavailable or if the
network system is off-line; your cash withdrawal will be limited
to $255.00 per business day, and purchases of goods and
services, inclusive of cash withdrawals will be limited to a
total of $1,255.00 per business day. For purposes of applying
this limit, a business day cycle generally starts at 12:00 a.m.
on one business day and continues until 12:00 a.m. on the next
business day. Thus, for example, the period from 12:00 a.m. on
Friday until 12:00 a.m. on the following Monday (or Tuesday, if
that Monday is a Holiday) is one business day cycle. Service is
usually available 24 hours per day, 7 days a week. If you do not
use your VISA DEBIT CARD for 12 successive months, the Bank may
make your card inactive.
Subject to these general limitations, the following types of
transfers are available: 1. At an automated teller machine owned
by the Bank, you may use your Visa debit card and personal
identification number to: a) Withdraw cash from your checking or
savings account. There is a $450 limit per transaction. b) Make
a deposit to your checking or savings account and immediately
withdraw up to $100.00 of the first deposit made on that
business day. c) Transfer funds either way between your checking
and savings account. d) Determine the balance in your checking,
money market and/ or savings account. 2. At automated teller
machines owned by other institutions, you may use your Visa
debit card and personal identification number to: a) Withdraw
cash from your checking account or savings account. The limit on
the amount of cash that may be withdrawn in any one transaction
may vary from machine to machine. b) Transfer funds either way
between your checking account and savings account. c) Determine
the balance in your checking account and/ or your statement
savings account. 3. You may use your Visa debit card and
personal identification number to pay for purchases at places
that have agreed to accept the card, provided your Visa debit
card accesses a checking, interest checking, or money market
account. 4. You may pay bills directly from your checking
account in the amounts and on the days you request. 5. The Bank
also allows electronic check transactions to post to your
account. Some of these services may not be available at all
locations.
FEES FOR TRANSACTIONS
PLEASE REFER TO THE GUIDE TO PRODUCTS, SERVICES AND FEES. If at
any time your use of your Visa debit card creates a negative
balance in any account for which the card was used, your account
may be charged for each occurrence pursuant to the issuer Bank’s
rules and regulations for the account. When you use an automated
teller machine not owned by the Bank, you may be charged a fee
by the operator of that automated teller machine or any network
used; and you may be charged a fee for a balance inquiry even if
you do not complete a fund transfer.
RIGHT TO RECEIVE DOCUMENTATION
Terminal Transactions: You can get a printed
receipt at the time you make any transfers to or from your
account when using an automated teller machine or point of sale
terminal.
Preauthorized Credits: If you have arranged to
have direct electronic deposits made to your account at least
once every 60 days from the same person or company, and for
which you do not receive a written notification from that person
or company, you can call the Bank at the number shown in this
disclosure brochure during normal business hours on or after the
payment date to find out whether or not the deposit has been
made.
Periodic Statement: You will receive a monthly
account statement, unless there are no transfers in a particular
month. In any case, you will receive a statement at least
quarterly.
STOP PAYMENT OF PREAUTHORIZED TRANSFERS
Right to stop payment and procedure for doing so:
If you have told the Bank in advance to make regular payments
out of your account, you can stop any of these payments. Here’s
how: telephone, write or e-mail the Bank at the number and
address shown in this disclosure in time for the Bank to receive
your request 3 or more business days before the payment is
scheduled to be made. If you call, the Bank may also require you
to put your request in writing and get it to the Bank within 14
days after you call. The fee, if any, for stop payment of a
preauthorized transfer is set forth in the Bank’s schedule of
fees.
Notice of varying amounts. If these regular
payments vary in amount, the person you are going to pay will
tell you, 10 days before each payment, when it will be made and
how much it will be.
Liability for failure to stop payment of preauthorized
transfer. If you order the Bank to stop one of these
payments 3 or more business days before the transfer is
scheduled and the Bank does not do so, the Bank will be liable
for your losses or damages.
BANK’S LIABILITY FOR FAILURE TO MAKE TRANSFERS
If the Bank does not complete a transfer to or from your account
on time in the correct amount according to the Bank’s agreement
with you, the Bank will be liable for your losses or damages.
However, there are some exceptions. The Bank will not be liable,
for instance: 1. If, through no fault of the Bank, you do not
have enough money in your account to make the transfer. 2. If
the transfer would go over the credit limit on your overdraft
line. 3. If the automated teller machine where you are making
the transfer does not have enough money. 4. If the Automated
Teller Machine system was not working properly and you knew
about the breakdown when you started the transfer. 5. If
circumstances beyond the Bank’s control, such as fire, flood,
etc. prevent the transfer, despite reasonable precautions that
the Bank has taken. 6. There may be other exceptions stated in
the Bank’s agreement with you.
CONFIDENTIALITY
The Bank will disclose information to third parties about your
account or the transfers you make: 1. When it is necessary for
completing transfers; or 2. In order to verify the existence and
conditions of your account for a third party, such as credit
bureau or merchant; or 3. If required to comply with government
agency or court orders; or 4. If you give the Bank your written
permission.
ERROR RESOLUTION
In case of errors or questions about your Electronic Transfers,
telephone, write or e-mail us at the number or address shown in
this disclosure statement as soon as you can, if you think your
statement or receipt is wrong, or if you need more information
about a transfer listed on the statement or receipt. The Bank
must hear from you no later than 60 days after it sent you the
FIRST statement on which the problem or error appeared. When you
notify the Bank, please be prepared with the following
information: 1. Please tell the Bank your name and account
number. 2. Describe the error or 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. 3. Tell the Bank the dollar
amount of the suspected error. If you tell the Bank orally, it
may require that you send the Bank your complaint or question in
writing within 10 business days. The Bank will determine whether
an error occurred within 10 business days after the Bank hears
from you and will correct any error promptly. If the Bank needs
more time, however, it may take up to 45 days to investigate
your complaint or question. If the Bank decides to do this, it
will credit your account within 10 business days for the amount
you think is in error, so that you will have the use of the
money during the time it takes the Bank to complete its
investigation. If the Bank asks you to put your complaint or
question in writing and the Bank does not receive it within 10
business days, the Bank may not credit your account. For errors
involving new accounts, point of sale or foreign-initiated
transactions, the Bank may take up to 90 days to investigate
your complaint or questions. For new accounts, the Bank may take
up to 20 business days to recredit your account for the amount
you think is in error. The Bank will tell you the results within
three business days after completing its investigation. If the
Bank decides that there was no error it will send you a written
explanation. You may ask for copies of the documents that the
Bank used in its investigation.
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