|
Electronic Funds
Transfer Agreement and Disclosures
This Agreement and Disclosure is made in compliance with
federal law regulating electronic funds transfer (EFT)
services. Electronic funds transfers are electronically
initiated transfers of money involving an account at the
Financial Institution. The following disclosures set
forth your and our rights and responsibilities
concerning the electronic funds transfers. In this
Agreement, the words “you” and “your” mean those who
sign as applicants or any authorized user(s). The words
“we”, “us” and “our” mean the Financial Institution. The
abbreviation “PIN” or word “code” means a personal
identification number.
ATM Card
Types of Transfers: You may use the automated
teller machine (ATM) card and personal identification
number (PIN) issued to you to initiate transactions at
ATMs of ours, ATMs within the networks identified on
your card and such other facilities as we may designate
from time to time. Unless you specify a different
account during Automated Teller Machine (ATM)
transactions, your Primary account will be used for your
transactions. Your Primary Account number and
information may be obtained from the ATM Request Form.
At present you may use your card to (some of these
services may no be available at all ATMs):
- Deposit funds to your checking account.
- Withdraw cash from your checking account.
- Withdraw cash from your savings account.
- Transfer funds between your checking and savings
accounts.
- Obtain balance information on your deposit accounts.
Limitations on Frequency and Amount
- You may withdraw up to a maximum of $300.00 (if there
are sufficient funds in your account) per day.
- For security purposes, there are limits on the
frequency and amount of transfers you may make using
ATMs.
Fees and Charges for ATM Transaction:
- There is no charge for ATM withdrawals at machines
owned by us.
- There is a $1.50 charge for each ATM withdrawal at
machines we do not own.
- There is no charge for ATM deposits at machines owned
by us.
- There is a Replacement Card Fee of $5.00 per card.
- There is a $5.00 fee to send a PIN reminder.
ATM Fees. When you use an ATM not owned by us, you may
be charged a fee by the ATM operator (and you may be
charged a fee for a balance inquiry even if you do not
complete a fund transfer).
Government Direct Deposit
Types of Preauthorized Transfers: You may arrange for us
to complete the following preauthorized transfers to
your deposit accounts:
- Accept direct deposits from the U.S. Treasury
Department to your checking or savings account.
Fees and Charges:
- We do not charge for any preauthorized EFTs.
- We will charge $20.00 for each stop-payment order for
preauthorized transfers.
Other Direct Deposit
Types of Preauthorized Transfers: You may arrange for us
to complete the following preauthorized transfers to
your deposit accounts:
- Accept direct deposits from your employer or other
financial institutions to your checking or savings
account.
Fees and Charges:
- We do not charge for any preauthorized EFTs.
- We will charge $20.00 for each stop-payment order for
preauthorized transfers.
Preauthorized Debit
Types of Preauthorized transfers: You may arrange for us
to complete the following preauthorized transfers to or
from your deposit accounts:
- Pay certain recurring bills from your checking or
savings account.
Fees and Charges:
- We do not charge for any preauthorized EFTs.
- We will charge $20.00 for each stop-payment order for
preauthorized transfers.
Check Card
Types of Transactions: You may use the card and PIN
issued you to pay for purchases from merchants who have
agreed to accept the card at Point of Sale (POS)
terminals within the networks identified on your card
and such other terminals as the Bank may designate from
time to time. Point of Sale (POS) transactions will be
deducted from your Primary account. Point of Sale (POS)
transactions involving a refund will be credited to your
Primary Account. Your Primary Account number and
information may be obtained from the POS Request Form.
Limitations on Frequency and Amount:
- You may purchase up to a maximum of $1,000.00 worth of
goods and services per day, exclusive of ATM
withdrawals.
Fees and Charges:- We do not charge for any POS transactions.
TeleBanc
Types of Audio Response Services: You may access your
deposit accounts by using a separate personal
identification number (PIN) assigned to you and your
account number in our audio response system. At the
present time you may use the system to:
- Transfer funds between your deposit accounts.
- Obtain balance information on your deposit accounts.
- Determine if a particular check has cleared your
account.
- Make Payments on your Loan with us.
Limitations on Frequency and Amount:
- There are no limits on the number or dollar amount of
inquiries, transfers or withdrawals you may make per
day.
Fees and Charges for Audio Response Transactions:
- We do not charge for any Audio Response Transactions.
Other EFT Transactions. You may access certain account(s)
you maintain with us by other EFT tranaction types as
described below.
Electronic Check Conversion. You may authorize a
merchant to use your check as a source of information to
initiate an EFT from your account. Electronic check
conversion is a payment process in which a merchant
(after obtaining your authorization) uses your check to
gather routing, account, and check number information to
initiate a one-time EFT. This type of EFT transaction
involving a consumer account is covered by the
Electronic Funds Transfer Act and this disclosure. A
description of the transaction will appear on your
statement.
Re-presented check Transactions and Fees. You may
authorize a merchant to electronically collect a fee
associated with the re-presentment of a check that is
returned due to insufficient or unavailable funds. The
resulting fee transaction if debited as an EFT from a
consumer account is covered by the Electronic Funds
Transfer Act and this disclosure. When a merchant
re-presents a check electronically, that transaction is
not covered by the Electronic Funds Transfer Act or this
disclosure. A description of the transaction will appear
on your statement.
In addition to the limitations set forth above, the
following limitations may be applicable to your
accounts:
Liability for Unauthorized Transfers. Tell us AT ONCE if
you believe your card, ATM PIN, POS card or PIN, or
Audio Response PIN 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 us within
four (4) business days, you can lose no more than $50.00
if someone used your card or code without your
permission. If you do NOT tell us within for (4)
business days after you learn of the loss or theft of
your card or code, you could lose as much as $300.00.
Also, if your statement shows transfers that you did not
make, tell us at once. If a good reason (such as a long
trip or a hospital stay) kept you from telling us, we
will extend the time periods. If you believe that your
card or code has been lost or stolen or that someone has
transferred or may transfer money from your account
without your permission, call (620) 251-5500, or write
us at CONDON NATIONAL BANK, 814 WALNUT, COFFEYVILLE, KS
67337.
Business Days. For purposes of these electronic funds
transfer disclosures, our business days are Monday
through Friday. Holidays are not included.
Documentation.
Periodic Statement. You will get a monthly account
statement from us, unless there are no transactions in a
particular month. In any case you will get a statement
semi-annually. You will get a semi-annual statement from
us on your savings account if this is the only account
you maintain and the only possible electronic transfer
to or from the account is a preauthorized deposit.
Terminal Receipt. You can get a receipt at the time you
make any transfer to or from your account using one of
our ATMs or a POS terminal.
Direct Deposits. If you have arranged to have direct
deposits made to your account at least once every sixty
(60) days from the same person or company, you can call
us at (620) 251-5500 to find out whether or not the
deposit has been made.
Our Liability for Failure to Make Transfers. If we do
not complete a transfer to or from your account on time
or in the correct amount according to our agreement with
you, we will be liable for your losses or damages.
However, there are some exceptions. We will NOT be
liable for instance:
- If, through no fault of ours, you do not have enough
money in your account to make the transfer.
- If the money in your account is subject to legal
process or other claim restricting such transfer.
- If the transfer would go over the credit limit on your
overdraft line
- If the ATM where you are making the transfer does not
have enough cash.
- If the terminal or system was not working properly and
you knew about the breakdown when you started the
transfer.
- If circumstances beyond our control (such as fire or
flood) prevent the transaction, despite reasonable
precautions that we have taken.
In Case of Errors or Questions About Your Electronic
transfers. Telephone us at (620) 251-5500, or write us
at CONDON NATIONAL BANK, 814 WALNUT, COFFEYVILLE, KS
67337 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. We must
hear from you no later than sixty (60) days after we
sent the FIRST statement on which the problem or error
appeared.
- Tell us your name and account number (if any).
- 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.
If you tell us orally, we may require that you send us
your complaint or question in writing within ten (10)
business days.
We will determine whether an error occurred within ten
(10) business days after we hear from you and will
correct any error promptly. If we need more time,
however, we may take up to forty five (45) days to
investigate your complaint or question. If we decide to
do this, we will credit your account within ten (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 us to complete our investigation. 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
credit your account.
If a notice of error involves an electronic fund
transfer that occurred within thirty (30) days after the
first deposit to the account was made, the error
involves a new account. For errors involving new
accounts, point of sale debit card transactions, or
foreign-initiated transactions, we may take up to ninety
(90) days to investigate your complaint or question. For
new accounts, we may take up to twenty (20) business
days to credit your account for the amount you think is
in error.
We will tell you the results within three (3) business
days after completing our investigation. If we decide
that there was no error, we will send you a written
explanation. You may ask for copies of the documents
that we used in our investigation.
If a notice of error involves unauthorized use of your
point of sale debit card with the Visa logo when it is
used as a Visa point of sale debit card, we will provide
provisional credit within five (5) business days after
you notify us instead of within ten (10) or twenty (20)
business days. We may withhold providing this
accelerated provisional credit, to the extent allowed
under applicable law, if the circumstances or account
history warrants the delay.
VISA is a registered trademark of Visa International.
Confidentiality. We will disclose information to third
parties about your account or the transfers you make:
- To complete transfers as necessary;
- To verify the existence and condition of your account
upon the request of a third party, such as a credit
bureau or merchant; or
- To comply with government agency or court orders; or
- If you give us your written permission.
Personal Identification Number (PIN). The ATM PIN, POS
PIN or Audio Response PIN issued to you is for your
security purposes. The numbers are confidential and
should not be disclosed to third parties or recorded on
the card. You are responsible for safekeeping your PIN(s).
You agree not to disclose or otherwise make your ATM
PIN, POS PIN or Audio Response PIN available to anyone
not authorized to sign on your accounts.
Notices. All notices from us will be effective when we
have mailed them or delivered them to your last known
address on our records. Notices from you will be
effective when received by us at the telephone number or
the address specified in this Agreement. We reserve the
right to change the terms and conditions upon which this
service is offered. We will mail notice to you at least
twenty one (21) days before the effective date of any
change, as required by law. Use of this service is
subject to existing regulations governing your account
and any future changes to those regulations.
Enforcement. In the event either party brings a legal
action to enforce this Agreement or collect amounts
owing as a result of any Account transaction, the
prevailing party shall be entitled to reasonable
attorneys’ fees and costs, including fees on any appeal,
subject to any limits under applicable law.
Termination of ATM, POS and Audio Response Services.
You
agree that we may terminate this agreement and your use
of the ATM Card, POS or Audio Response services, if:
- You or any authorized user of your ATM PIN, POS card
or PIN or Audio Response PIN breach this or any other
agreement with us;
- We have reason to believe that there has been an
unauthorized use of your ATM PIN, POS card or PIN or
Audio Response PIN;
- We notify you or any other party to your account that
we have cancelled or will cancel this Agreement. You or
any other party to your account can terminate this
Agreement by notifying us in writing.
Termination of service will be effective the first
business day following receipt of your written notice.
Termination of this Agreement will not affect the rights
and responsibilities of the parties under this Agreement
for transactions initiated before termination.
Preauthorized Electronic Fund Transfers.
Stop Payment rights. If you have told us in advance to
make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here’s
how: Call us or write to us at the telephone number or
address set forth above, 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 may
also require you to put your request in writing and get
it to us within fourteen (14) days after you call. We
will charge you $20.00 for each stop payment order you
give.
Notice of Varying Amounts. If these regular payments may
vary in amount, the person you are going to pay will
tell you, ten (10) 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 fall outside certain
limits that you set.
Liability for Failure to Stop Payment of Preauthorized
Transfers. If you order us to stop one of these payments
three (3) business days or more before the transfer is
scheduled, and we do not do so, we will be liable for
your losses or damages.
Other Provisions. There may be a delay between the time
a deposit is made and when it will be available for
withdrawal. You should review our Funds Availability
Policy to determine the availability of the funds
deposited at ATMs. We reserve the right to refuse any
transaction which would draw upon insufficient funds,
exceed a credit limit, lower an account below a required
balance, or otherwise require us to increase our
required reserve on the account.
ATM Safety Tips.
As issuers of Automated Teller Machine (ATM) access
devices, we have provided for your information a list of
safety precautions regarding the use of automated teller
machines. Please read the following safety tips:
- Be aware of your surroundings, particularly at night.
- Consider having someone accompany you when the
automated teller machine is used after dark.
- It is appropriate to politely ask someone who is
uncomfortably close to you to step back before you
complete your transaction.
- Refrain from displaying your cash. Pocket it as soon
as your transaction is completed. Count the cash later
in the safety of your car or home.
- Consider using another automated teller machine or
coming back later if you notice anything suspicious. If
you are in the middle of a transaction and you notice
something suspicious, cancel the transaction, pocket
your ATM access device and leave.
- Go to the nearest public area where people are located
if you are followed after making a transaction.
- Report all crimes to law enforcement officials
immediately.
|
|
