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Electronic Funds Transfer Agreement
and Disclosures
This Agreement and Disclosure is made in
compliance with Montana and 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.
"ONLINE" Internet
Banking
Types of
Transactions: You may access certain account(s) you maintain with us
by computer using your assigned user ID and password by accessing the online
banking service. You may use the online banking service to perform the
following functions:
Transfer funds between eligible accounts.
Obtain balance information on eligible accounts.
Review transactions on eligible accounts.
Make loan payments.
Stop payment requests.
Online bill payment.
Obtain copy of statement.
Order checks.
Allow export of transaction history to personal finance
manager.
Fees and Charges for Online Service:
There is no charge for Online Banking
* Online Bill Payment is free of charge the first two calendar
months of service. Thereafter, Online Bill Payment users will be
assessed
$5.95 each month for an unlimited number of payments
CashCard Network
ATM CARD
This Card can be used either as an ATM
card or an On-Line Point-of-Sale Card. If you use the On-Line POS option and
the merchant utilizes a "PIN Pad" to initiate POS transactions, you will
need to select the 'Debit' option and input your PIN (this is the same PIN
that you have assigned to your ATM transactions). The withdrawal will be
deducted from your account immediately, the same way that ATM withdrawals
are deducted.
Please refer to the section title
'(On-Line) Point-of-Sale' for further information regarding On-Line
transactions.
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 not be available at all
ATMs):
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.
Mini-Statements.
Limitations on Frequency and Amount:
You may withdraw up to a maximum of $305.00 (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.
On-Line Point-of-Sale withdrawals are included in the daily ATM limit
referenced above.
Fees and Charges for ATM Transactions:
There is no charge for ATM withdrawals at machines owned by us.
There is a $1.00 charge for each ATM withdrawal at machines we do not
own.
* You may be assessed a service charge for an ATM withdrawal,
depending on the balance maintained in your account. Please refer to
your account agreement.
NOTICE REGARDING ATM FEES BY OTHERS (ATM
SURCHARGES): If you use an automated teller machine that is
not owned by us, you may be charged a fee by the operator of the
machine and/or by an automated transfer network used to complete the
transaction ( and you may be charged a fee for a balance inquiry).
ATM Fees. When you
use an ATM not owned by us, you may be charged a fee by the ATM operator or
any network used (and you may be charged a fee for a balance inquiry even if
you do not complete a fund transfer).
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 $25.00 for each stop-payment order for preauthorized
transfers.
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 $25.00 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 $25.00 for each stop-payment order for preauthorized
transfers.
VISA CHECK CARD
You can use your First Community Bank VISA Check Card as
an ATM card or a Point-of-Sale (POS) card, both on-line and off-line.
If the merchant utilizes a Pin Pad to POS
transactions, you will need to select the 'Debit' or 'Credit' option after
swiping your card in the machine. If you select 'Debit', you will need to
input your PIN (this is the same PIN that you have assigned to your ATM
transactions). The withdrawal will be deducted from your account
immediately, the same way that ATM withdrawals are deducted. You can also
obtain a cash advance or cash back in this manner. Please refer to the
section titled (On-Line) Point-of-Sale for further information regarding
these types of transactions.
If you select 'Credit', the withdrawal
will be considered Off-line POS and have a delay in posting to your account.
The merchant must honor Visa cards in order for you to conduct the Off-line
POS transaction. You will need to sign for this purchase as if you were
using a credit card.
Some merchants accept only one of these
two options (on-line or off-line). The on-line POS option is not available
where a merchant does not utilize the PIN pad procedure. The merchant will
insert your card into their normal credit card machine for processing,
thereby making the transaction off-line POS.
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 $1 500.00 worth of
goods and services per day, exclusive of ATM withdrawals.
Fees and Charges:
Lost card replacement fee $6.00.
(ON-LINE)
POINT-OF-SALE
This section pertains only to
On-Line-Point-of-Sale transactions. You have access to this service with
your ATM card and Visa Check Card. Please refer to the sections on CASHCARD
NETWORK ATM CARD and VISA CHECK CARD for further information regarding these
types of products.
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 $305.00 worth of
goods and services per day, inclusive of ATM withdrawals.
Fees and Charges:
* Please refer to the Fee Schedule brochure that you received
upon opening your account regarding these and other charges applied
to
ATM, POS and EFT transactions. This brochure can be obtained at any
First Community Bank office. Such charges may be changed
from time to time by us with appropriate notice to you. Entries
initiated with these methods and subsequently posted to your
account,
may be subject to the bank service charges just as if you had
actually written a check.
EZ BANC
24/7 TELEPHONE BANKING
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.
Give you tax information on interest earned or paid on your accounts.
Obtain balance information on your deposit accounts.
Verify the last date and amount of your payroll deposit.
Determine if a particular check has cleared your account.
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 transaction
types as described below.
Electronic Check Conversion.
You may authorize a
merchant or other payee to make a one-time electronic payment from your
account using information from your check to pay for purchases or pay
bills. Electronic check conversion is a payment process in which a
merchant or other payee (after obtaining your authorization) uses your
check to gather routing, account, and check number information to
initiate a one-time EFT. When information from your check is used to
make an electronic fund transfer, funds may be withdrawn from your
account as soon as the same day you make your payment. 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.
The following limitations may be applicable to your
accounts, except as provided by law:
Liability for
Unauthorized MasterCard Point of Sale Debit Card Transactions.
Tell us, AT ONCE, if you believe your MasterCard point of sale debit
card has been lost or stolen or of any unauthorized transactions. Your
liability for unauthorized use of your point of sale debit card with the
MasterCard logo when it is used as a MasterCard point of sale debit card
will not exceed (A) Zero dollars ($0.00) if the conditions set forth below
have been met, or (B) if those conditions have not been met, the lesser of
fifty dollars ($50.00) or the amount of money, property, labor, or services
obtained by the unauthorized use before notification to us. Zero liability
will apply only if: (1) you can demonstrate that you have exercised
reasonable care in safe-guarding your card from risk of loss or theft; and
(2) you have not reported two or more incidents of unauthorized use to us
within the preceding twelve (12) months; and (3) your account is in good
standing. These liability limits apply only to United States issued
MasterCard branded cards. If the transaction does not meet the conditions
set forth above, these limits with respect to unauthorized transactions may
be exceeded to the extent allowed under applicable law (see Liability for
Unauthorized Transfers paragraph below). For specific restrictions,
limitations and other details, see your Cardholder Agreement. "Unauthorized
use" means the use of your point of sale debit card by a person, other than
you, who does not have actual, implied, or apparent authority for such use,
and for which you receive no benefit. To notify us of lost or stolen cards,
or of unauthorized transactions, call or write to us at the telephone number
or address set forth below. This will help prevent unauthorized access to
your account and minimize any inconvenience.
MasterCard is a registered trademark of MasterCard
International Incorporated.
The following limitations may be applicable to your
accounts, except as provided by law:
Liability for
Unauthorized VISA Point of Sale Debit Card Transactions. Tell
us, AT ONCE, if you believe your VISA point of sale debit card has been
lost or stolen or of any unauthorized transactions. Your liability for
unauthorized VISA point of sale debit card transactions that take place on
the VISA system is Zero dollars ($0.00). We may require you to provide a
written statement regarding claims of unauthorized VISA point of sale debit
card transactions.
These provisions limiting your liability
do not apply to VISA commercial credit cards, ATM transactions, or PIN
transactions not processed by VISA; and apply only to cards issued in the
United States. With respect to unauthorized transactions, these limits may
be exceeded to the extent allowed under applicable law (see Liability for
Unauthorized Transfers paragraph below) only if we determine that you
were grossly negligent or fraudulent in the handling of your account or
point of sale debit card. For specific restrictions, limitations, and other
details see your Cardholder Agreement. To notify us of lost or stolen cards,
or of unauthorized transactions, call or write to us at the telephone number
or address set forth below. This will help prevent unauthorized access to
your account and minimize any inconvenience.
VISA is a registered trademark of Visa International.
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, Audio
Response PIN, or online banking PIN has been lost or stolen or if you
believe that an electronic fund transfer has been made without your
permission using information from your check. 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
two (2) business days after you learn of the loss or theft of your card or
code, 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 two (2) business days
after you learn of the loss or theft of your card or code, and we can prove
that we could have stopped someone from using your card or code without your
permission if you had told us, you could lose as much as $500.00. Also, if
your statement shows transfers that you did not make, including those made
by card code or other means, tell us at once. If you do not tell us within
sixty (60) days after the statement was mailed to you, you may not get back
any money lost after the sixty (60) days if we can prove that we could have
stopped someone from taking the money if you had told us in time. 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 (406) 228-8231, or write us at
FIRST COMMUNITY BANK.PO BOX 191, GLASGOW, MT 59230. You should also call the
number or write this address if you believe a transfer has been made using
the information from your check without your permission.
Illegal
Transactions. You may not use your ATM, POS, or Debit Card, or other
access device for any illegal or unlawful transaction, and we may decline to
authorize any transaction that we believe poses an undue risk of illegality
or unlawfulness. Notwithstanding the foregoing, we may collect on any debt
arising out of any illegal or unlawful transaction.
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
quarterly. You will get a quarterly 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. A
description of the transactions performed at an ATM terminal will be
provided on any periodic statement of account furnished to you.
Terminal Receipt. You can get a receipt at the
time you make a transfer to or from your account using an ATM or a POS
terminal. However, receipts for transactions of $15.00 or less may not
always be available. The receipt shall be admissible as evidence in any
legal proceeding and constitutes prima facie proof of the legal
transaction which it records.
Record Keeping. It is important that you retain
records relating to your account as well as your transactions at any ATM
terminal. In order to have a current understanding of your account as
well as detect errors, it is important that you retain your terminal
receipts until such time that you have reconciled your account statement
provided by us with your account records.
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 (800) 645-5739 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.
There may be other exceptions stated in our agreement with you.
In Case of Errors or Questions
About Your Electronic Transfers. Telephone us at (406)
228-8231, or write us at FIRST COMMUNITY BANK. PO BOX 191, GLASGOW, MT 59230
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. You may also contact us on the web:
fcbg@fcbank.net 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) 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) 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) 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) 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.
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 $ 25.00 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.
FOREIGN TRANSACTION CURRENCY
EXCHANGE RATE. The exchange rate for transactions in a foreign
currency will be 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 plus up
to a 1 % international transaction fee.
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