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ELECTRONIC FUND TRANSFERS
AGREEMENT & DISCLOSURE STATEMENT
Electronic Fund
Transfers
The following information is
provided to you concerning electronic fund transfers (EFT) to or from any
of your accounts maintained with Delta Bank (Bank) for personal,
family or household use. EFT service permits you or a third party acting
on your behalf to deposit to or withdraw from your account without the
need for a specific written instruction, such as a check or deposit slip,
for each transaction. In those instances where a third person will be
making deposits to or withdrawals from your account, the agreement you
have with that third person will authorize the EFT activity on your
account. The disclosures, which follow, will govern that activity. In
addition, this agreement in conjunction with other disclosures will
address online banking and bill payment.
Electronic Card Services
If
you have requested or obtained a Visa Debit Card (Card) from Delta Bank (Bank), this disclosure will apply to all EFT activity
occurring as a result of the use of that Card. Your signature on the
application for your Card will show that you have agreed to the terms of
this disclosure and agreement, which relate to the Card. Or you may agree
to receipt of disclosure electronically. Each person whose name appears
on the Card or account agreement for an account which has been designated
as accessible through the use of the Card jointly and severally agree to
use the Card and an automatic teller machine or point of sale (POS)
terminal only for the purposes authorized by the Bank and in accordance
with this agreement. You understand that even if your deposit account
agreement otherwise requires more than one signature for authorizing
withdrawals, anyone who has been given a Card and a personal
identification number (PIN) has the right and ability, acting alone, to
access any account linked to the Card. This applies equally to
transactions authorized via online banking or the bill payment program
available through the Bank’s authorized web site at
http://www.deltabank.com/.
Automatic Teller
Machine, Cards, POS Terminals, Online Transactions, and Bill Pay
Transactions
Delta is a member of the Star™ and Cirrus™ networks. As a member of Star™
and Cirrus™, certain services are available through various automatic
teller machines and POS terminals programmed to accept your Card in
addition to those services available through automatic teller machines
operated by Delta Bank. All of these machines are called “ATMs.”
Cards
All
Cards are non-transferable and you agree that they are the property of the
Bank. Your card will have emblems affixed to it designating which Networks
you may access for available service.
Applicability of this Policy
Please note that the provisions of this agreement do not cover Point of
Sale (POS) transactions you make or authorize through other EFT
service providers unless your Card is used to initiate the transaction and
the POS service provider has a direct EFT arrangement with the Bank, with
the Star™ or Cirrus™ networking, or with another network of which Star™
and Cirrus™ is a member. These transactions will be governed by the
agreement you have with the other EFT service provider even if those
transactions affect accounts you have with the Bank.
This agreement may apply to some items processed online depending on the
processing mechanism. Transactions including those processed through bill
payment services may or may not be processed electronically. In instances
in which the processing utilizes the banks EFT service providers as
defined above, this EFT Agreement shall apply. In instances in which items
are not processed in this manner, the type of processing will direct the
error resolution mechanism such as when checks are being processed when
the Bill Payment Service is utilized. For more information refer to the
Bank’s
Deposit Account Agreement and Disclosure,
Online Agreement, and the
Bill Paying Agreement.
Authorization for Card Transactions
You
authorize the Bank to accept all ATM deposits and permit all ATM
withdrawals and POS transactions initiated through the use of the Card by
you or anyone you authorize to use the Card.
Authorization for Online
Transactions
You
authorize the bank to facilitate all online transactions initiated
utilizing your name and password. Refer to
Online Agreement for more information and details regarding
Online Banking functions and
Bill Payment services.
What You Can Do at an
ATM
You
can use your Card to:
-
Withdraw cash from a designated checking or savings account.
-
Make a deposit to a designated checking or savings account.
-
Transfer money between a designated checking account and a designated
savings account.
-
Make a loan payment.
-
Inquire about your accounts balance. Please note that any balance
inquiry you may make at an ATM may not reflect recent deposits,
withdrawals or transfers to or from the account.
Not
all of your accounts may be accessible with your Bank’s Visa Debit Card
and some of the above services may not be available at all Network member
locations. Deposits to, transfers between accounts, or loan payments can
only be made at any ATM maintained by the Bank. All transactions are
covered by our existing rules and regulations governing accounts.
Limitation on Amount
of ATM Transfers
You
may withdraw up to $500 from an ATM on any given day if the ATM you are
using is then communicating “on line” with the Bank. Additional withdrawal
restrictions may apply on holidays. Withdrawals must be in multiples of
$20. Different limitations may apply at Star™ and Cirrus™ ATM’s maintained
by other banks that are programmed to accept your Card or at POS
terminals. Refer to the
Online Agreement and
Bill Paying Agreement for terms and conditions regarding online
banking transactions.
ATM Transactions
Subject to Verification and Collection
All
transactions initiated through an ATM are subject to the Bank’s
verification and receipt upon opening the ATM and Bank’s actual collection
of any non-cash item. Any transaction involving an ATM other than at the
office of the Bank where your account is located is subject to receipt and
verification by that office. Deposits made at an ATM may not be available
for withdrawal at an ATM or otherwise until verification and collection.
Items may be subject to the banks Funds Availability policy.
Preauthorized Deposits or
Payments
Deposits
If
you have arranged for someone, such as your employer, your pension fund or
the Social Security Administration, to make direct deposits to your
account at least once every 60 days, you may call the Bank at
1-866-81DELTA or pull up the information online to find out whether the
deposit has been made. You may also contact (209) 824-4000 for additional
information. If you want to call about a deposit, please wait until at
least one business day after the deposit should have been made so that the
Bank will have time to update your records.
Stop Payment
If
you have arranged to have regular payments to be withdrawn from your
account, you can stop any of these payments. You may process a Stop
Payment by any of the following methods: Calling the bank at
1-866-81DELTA, completing a stop payment online, calling the
branch office where your
account is located, calling (209) 824-4060 or writing the Bank at 611
North Main Street, Manteca, CA 95336 in time for the Bank to receive your
request at least 3 business days or more 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. If the
Bank requires written confirmation and you fail to provide it, your stop
payment request will no longer be binding upon the Bank after 14 days.
If
you order the Bank to stop one of these payments 3 business days or more
before the transfer is scheduled, and the Bank does not do so, the Bank
may be liable to you for your losses or damages. NOTE: This procedure
applies only to preauthorized electronic payments. To stop payment on
checks, drafts or other items, contact the Bank for instructions. Refer to
Deposit Agreement Disclosure for additional information. Refer to the
Online Agreement and the
Bill Paying Agreement/Terms & Conditions for more information
regarding stop payments on items initiated via Internet Banking or Bill
Pay Services.
Electronic Services
Electronic Funds
Transfer Documentation
Written information concerning each EFT transaction and online
transactions which will include the date, amount and location of the
activity, will be included with your monthly account statement.
Documentation of
Transaction
You
will receive a receipt at the time you make a transaction at an ATM. You
should retain the receipt so that you can compare it with your account
statement.
In
addition, if regular payments from your account may 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 (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 payment would fall outside
certain limits you set.)
Online Banking transactions are available for you to review on a daily
basis. It is important for you to review activity on your account
frequently to ensure accuracy and assist in fraud prevention.
Business Days
The
Bank’s business days are Monday through Friday. Holidays are not included.
However, the Bank’s ATMs and DNB Online Banking Service are generally open
every day.
In Case of Errors or
Questions About Your Electronic Transactions
Telephone your branch of account or call the bank at (209) 824-4060 or
write the Bank at 611 North Main Street, Manteca, CA 95336 IMMEDIATELY, if
you think your statement is wrong or if you need more information about a
transfer listed on the statement. The Bank must hear from you no later
than 60 days after the bank sent the FIRST statement on which the problem
or error appeared.
1)
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 verbally, the Bank may require that you send your
complaint or question in writing within 10 business days.
In
regard to Online transactions, DO NOT E-MAIL the bank your account number
or any other personal information. The bank will never ask for your
personal information via E-mail.
The Bank will tell you the results of its investigation
within 10 business days (5 business days if involving a Visa*
point-of-sale transaction processed by Visa or 20 business days if the
transfer involved a new account) after the Bank hears from you and will
correct any error promptly. If
we need more time however, we may take up to 45 days to investigate your
complaint or question. If the Bank decides to do this, the Bank 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 that it
takes the Bank to complete its investigation. If the electronic funds
transfer occurred within 30 days after the first deposit to a new account
was made, the bank will credit your account within 20 days rather than 10
days. If the Bank asks you to put your complaint or question in writing
and the Bank does not receive it within 10 business days, we may not
credit your account. If the transfer under investigation resulted from a
point-of-sale debit card transaction, a transfer initiated outside of the
United States, or an electronic transaction occurring within 30 days after
the first deposit to a new account was made, the time period for
investigation is extended from 45 calendar days to 90 calendar days.
If
the Bank decides that there was no error, the Bank will send you a written
explanation within three business days after the Bank finishes its
investigation. You may ask for copies of the documents that the Bank used
in our investigation.
Your Liability For
Unauthorized EFT Transfers
Tell the Bank AT ONCE if you believe your Card has been lost or stolen or
your account has had possible unauthorized online activity. 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 have one). Regarding certain EFT processed items, If you tell the Bank
within 2 business days, you can lose no more than $50 if someone used your
Card without your permission.
If
you do NOT tell the Bank within 2 business days after you learn of the
loss or theft of your Card, and the Bank can prove it could have stopped
someone from using your Card without your permission if you had told the
Bank, you could lose as much as $500. Also, if your statement shows
transactions that you did not make, tell the Bank at once. If you do not
tell us within 60 days after the statement was mailed to you, you may not
get back any money you lost after 60 days if the Bank can prove that it
could have stopped someone from taking the money if you would have told
the Bank in time. If a good reason (such as a long trip or a hospital
stay) kept you from telling the Bank, the Bank may extend this time
period.
Address and Telephone
Number
If
you believe that your Card has been lost or stolen or that someone has
transferred or may transfer money from your account without your
permission the account must be closed immediately. Call the branch office
where your account is located, or call (209) 824-4000, or write the bank
at 611 North Main Street, Manteca, CA 95336. After business hours, you
may report your lost or stolen Card by calling 1-800-264-5578.
The Bank’s Liability
for Failure to Make Transfers
If
the Bank does not complete a transfer to or from your account or in the
correct amount according to the Bank’s agreement with you, the Bank may be
liable for the actual losses incurred. 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 or available credit to complete the
transaction.
2)
If the
Automatic Teller Machine you are using does not have enough cash.
3)
If the ATM
is not working properly and you knew of the breakdown when you started the
transaction.
4)
If the
circumstances beyond the Bank’s control (such as fire or flood) prevent
the transaction from being completed, despite reasonable precautions that
the Bank has taken.
5)
If the
Bank has been enjoined by law from allowing any withdrawals from your
account.
6)
If there
is any other exception in this or any other agreement you have with the
Bank.
Service Charges
Generally, EFT transactions are subject to the same charges as are
applicable to your “regular” transactions on your account, such as service
charges when your account balance falls below a specified level, when an
overdraft is created or a transaction is dishonored due to insufficient
funds or when a deposit items is returned unpaid and when a stop payment
order is placed. However, there is a special fee of .25˘ per balance
inquiry and $2.00 per withdrawal at Star™ and Cirrus™ ATMs not maintained
by the Bank and the operators of POS terminals may impose fees when you
use your Card at a POS terminal. (If you use an automated teller machine
that is not operated by us, the owner of the machine may charge you a
fee.) Please refer to the Bank’s
Schedule of Fees and Charges for further details.
Account Information
Disclosure
The
Bank will disclose information about your account or the transfers you
make:
1)
When it is
necessary for complete transfers, or
2)
In order
to verify the existence and condition of your account for a third party,
such as a credit bureau or merchant, or
3)
To
facilitate Online Banking and/or Bill Payment Services
4)
In order
to comply with government agency or court orders, or
5)
If you
give the Bank written permission.
Right to Revoke Card
and/or Change the Terms and Conditions of your Account
Subject to applicable law or regulation, the Bank may, at any time and
without notice or cause, or in any way affecting your obligations to Bank
and without liability to you, revoke your Card, and you agree to surrender
the Card upon Bank’s demand. The Bank may change the terms and conditions
of this disclosure by providing the disclosure electronically (if you have
agreed to accept electronic disclosures) or by mailing written notice of
the change to your address as it appears on the Bank’s records within the
required notification period dependent on the type of change or amendment
that is made. However, prior notice need not be given where an immediate
change in terms or conditions is necessary to maintain the security of
your account.
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