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Regulation E
- Electronic Funds Transfer Agreement
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 a deposit 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.
Liability
for Unauthorized Transfers: Tell us AT ONCE is you believe
your card, ATM PIN, POS card or PIN, or CenterVoice PIN has been lost or
stolen. Telephoning is the best way to keep 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, 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, 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 (217)792-3216 or (217)544-2950, or write us at The
First National Bank of Mt. Pulaski, 205 E. Jefferson Street, P.O. Box 50
Mt. Pulaski, Illinois 62548 or at Capital Community Bank, 2950 South
Sixth Street, Springfield, Illinois 62703.
Business
Days: For purposes of these electronic funds transfer
disclosures, our business days are Monday through Friday. Holidays
are not included.
Transfer
types and limitations:
ATM
Card: You may use your 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. At present, you may use your card to (some of these services
may not be available at all ATMs): deposit funds to your checking or
savings accounts; withdraw funds from your checking or savings accounts;
obtain balance information on your deposit accounts; and transfer funds
between your accounts (after signing an authorization form at the
bank). You may withdraw up to a maximum of $200.00 (if there are
sufficient funds in your account) per day. There is no charge for
ATM transactions (deposits or withdrawals) performed at ATM
machines owned by our bank. There is a $.50 charge for ATM
transactions performed at ATM machines that we do not own, plus any
charges assessed by the owner of the machine. There is a
replacement card fee of $5.00 per card.
VISA
Check Card: You may use your VISA Check Card and personal
identification number (PIN) 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 at the Bank
may designate from time to time. You may make purchases at POS terminals
up to your card limit for one business day (if there are sufficient
funds in your account). There is a replacement charge of $5.00 per
card.
Center
Voice Telephone Response System: 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 (after signing an authorization for
at the bank), obtain balance information on your deposit accounts,
verify the last date and amount of your deposits, determine if a
particular check has cleared your account, and obtain current rates for
loans and deposit products. There are no limits on the number or
dollar amount of inquiries, transfers, or withdrawals you may make per
day. We do not charge for audio response system transactions.
Documentation: Periodic
Statements: 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 our 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 purchase at a
POS terminal. Direct
Deposits: If you have arranged to have direct deposit made to
your account at least once every sixty days from the same person or
company, you can call us at (217)792-3216 or (217)544-2950 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: (1) If through no fault of ours, you do
not have enough money in your account to make the transfer, (2) If the
money in your account is subject to legal process or other claim
restricting such transfer, (3) If the transfer would go over the credit
limit on your overdraft line, (4) If the ATM where you are making the
transfer does not have enough cash, (5) If the terminal or system was
not working properly and you knew about the breakdown when you started
the transfer, (6) If circumstances beyond our control (such as fire or
flood) prevent the transaction, despite reasonable precautions that we
have taken, or (7) there may be other exceptions stated in our agreement
with you. 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; 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 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
attorney fee's 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 (1) 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; (2) we have reason to believe that there has been an
unauthorized use of your ATM PIN, POS card or PIN, or Audio Response
PIN; or (3) we notify you or any other party to your account that we
have cancelled or will cancel this Agreement. Your 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 Transfer. 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.<return to top of page> |
