NORTH SHORE TRUST AND SAVINGS

Transcription

1 NORTH SHORE TRUST AND SAVINGS ELECTRONIC FUNDS TRANFER AND CUSTOMER AGREEMENT NOTICE REGARDING ELECTRONIC FUND TRANSFER SERVICES The following disclosure of terms and conditions relating to your electronic fund transfer service with this institution is provided to you in accordance with the requirements of Federal and State Law. You should read this notice carefully to understand your rights, liabilities, and responsibilities relating to electronic banking services such as direct deposits to your account, telephone transfers, ATM Card and MasterMoney Card transactions, and Online Banking. This disclosure consists of the Electronic Fund Transfer Disclosure and the Customer Agreement, which outlines additional terms and conditions for electronic fund transfers from your accounts maintained with us. Please read the entire agreement. WHAT THE WORDS MEAN In this Disclosure and Agreement, the words "you" or "your", mean each deposit account owner. "We", "us" or "our" refers to this financial institution including all branches thereof. "Card", means your Automated Teller Machine card or other debit card that is owned by us. "MasterMoney Card" which has the MasterCard symbol on it, is a debit card that can be used as an ATM Card and to make purchases at MasterCard member locations. The MasterMoney Card is not a credit card. When you pay for purchases with your MasterMoney Card, the purchase amounts are automatically deducted from your checking account or NOW account. "PIN" means your Personal Identification Number or Password. "Transfer" means withdrawal, deposit, purchase, or transfer of funds via electronic transfer into or from your account(s) with us, including but not limited to Card transactions. "POS " means Point of Sale transactions made at merchants POS terminals. Online Banking means North Shore Online Banking services as accessed through the Internet using a personal computer or other device. For purposes of the Disclosure and Agreement, our business days include every day other than Saturday, Sunday, or one of the federal holidays. ELECTRONIC FUNDS TRANSFER DISCLOSURE A. ELECTRONIC BANKING SERVICES AVAILABLE

2 If you have a NOW, checking, statement savings or money market deposit account, the following services may be available subject to application, approval and type of activity. 1. Telephone Banking and Telephone Transfer. You may use your PIN to pay or transfer funds between your accounts with us by touch-tone telephone. 2. Automatic and Preauthorized Transfers. You may make automatic and preauthorized transfers to and from your accounts. 3. ATM Card and MasterMoney Card. You may use your card and PIN to withdraw cash, to make deposits and make loan payments, to transfer funds, and debit your account(s) in connections with Point of Sale transactions. 4. MasterMoney Card Purchases. You may access your checking account or NOW account with your MasterMoney Card at any MasterCard member merchant that displays the MasterCard logo to make purchases. When you use your MasterMoney Card to make purchases, you are requesting us to withdraw funds from your checking or NOW account to pay for the purchases. 5. Online Banking. You may use your PIN and your personal computer (PC) to electronically direct us to make payments from your checking or NOW account to third parties (payees), subject to certain conditions, whom you have selected in advance to receive payment through Online Banking. You may also use Online Banking to transfer funds between your accounts. B. LIMITS ON ELECTRONIC BANKING SERVICES In addition to any conditions listed above, the following transactions are subject to the specific conditions described below. In addition, for security reasons there are other limits on the transfers you can make using our electronic transfer systems. 1. Money Market Account. According to federal regulations, you may not make more than six (6) preauthorized, telephone, or computer transfers of which no more than three (3) may be by check, draft, debit card or similar order from your money market account during any monthly statement period. No more than three of these transfers may be made to third parties, such as Point of Sale transactions. You are not limited to the number of transfers you can make on your accounts in person, by messenger, or through the ATM. 2. Passbook Accounts. The only electronic transfers allowed on passbook accounts are electronic deposits. 3. ATM Card. Each cardholder may make ATM withdrawals or POS purchases up to a combined total of $ from available funds in your account (s) each day. Customers holding certain types of deposit accounts may request a higher daily withdrawal limit subject to our approval. You may also

3 request a lower daily withdrawal limit. This limit applies to Card transactions that occur at ATM's and Point Sale terminals. At Point of Sale terminals, you insert your Card through a card reader at a terminal and enter your PIN to purchase goods and services (such as gas or groceries). The amounts of your Point of Sale purchases are automatically deducted from your account. 4. MasterMoney Card Purchases. Each cardholder may use the MasterMoney Card to make purchases through the MasterCard network in an amount up to $1, in available funds each day. Customers holding certain types of deposit accounts may request a higher daily purchase limit subject to our approval. You may also request a lower daily purchase limit. A MasterMoney Card is issued exclusively for use with a checking account or NOW account. At MasterCard member merchants, the merchant prepares a sales slip that you sign to authorize the purchase of goods or services. When you use your Master Money Card for purchases through the MasterCard network we may place a hold on the funds available in your account and any available overdraft protection that may be necessary to cover the transaction. The hold will be in the amount of the transaction request that has been submitted by the merchant for authorization. Held funds will not be available for withdrawal or check writing purposes during the period the hold is in effect. The hold will be in effect for no more than three (3) business days from the date of transaction. You are responsible for resolving all disputes concerning the quality of goods and services purchased with the merchant that accepted the Card. 5. ATM Networks. You can use your Card with your PIN at certain regional, national, and international networks. These network logos appear on your Card. The amount you may transfer, dollar denominations, daily limits, and other banks' charges which may be assessed when you use your Card at any other ATMs or terminals depends on the network agreement and prevailing law which permits the shared use of other terminals. Transactions may also be subject to the limitations of the ATM or terminal you are using. 6. Limitations on Online Banking. a. Payments to any one payee may be made in any amount not less that $1.00 and not exceeding $9, The total aggregate dollar amount of payments to

4 all payees cannot exceed $9, per day. You may not schedule duplicate payments made to the same payee on the same day. b. We may remit your payments by mailing your payee a check, by electronic funds transfer, or by other means. Because of the time it takes to transmit your payment to your payees, they generally will not receive payment on the date you instruct us to make the payment. Payees you establish on the Online Banking system will be assigned a specific number of business days in advance of the due date that you must make the payment instructions. This will be either two (2) or five (5) business days, depending on the payee. We will not be responsible for any loss or penalties you may incur as a result of a late payment if you do not allow the required number of business days between the date you instruct us to make the payment and the due date for that payment. c. According to Federal Regulations you may not make more than six (6) preauthorized, telephone, or computer transfers of which no more that three (3) may be by check, draft, debit card or similar order from your statement savings or money market account to your checking account during any monthly statement period. d. You may terminate your use of Online Banking or Telephone Banking subject to ten (10) days prior notice, by calling us at (847) or writing North Shore Trust and Savings, 700 S Lewis Avenue, Waukegan IL We may require that you put your request in writing. If you would like to transfer the service to a different account with us you must provide at least 10- business days advance written notice. Termination will not affect your liability or obligations. 7. Other Limits. We own the Card. If we ask for it, you must give it back to us. We can close any or all of our ATM's without notice. If you have a joint Card(s) that can be used by more than one person, you authorize each other to use the Card for transfers and purchases that affect your accounts. 8. Fees. There may be a fee for certain services. Please refer to your Fee Schedule. C. LIABILITY You must tell us AT ONCE if you believe your ATM or MasterMoney Card, your PIN or Password, or your Online Banking User ID has been lost or stolen or obtained without your permission. Notifying us by telephone immediately is the best way of limiting your possible losses. You may lose all of the money in your account. 1. ATM Card and PIN. If you tell us within two (2) business days after you discover that your ATM Card or your PIN has been lost or stolen, you will only be responsible for $ if someone used your ATM Card or Pin without your permission. If you do NOT tell us within two (2) business days after you learn

5 of the loss or theft of your ATM Card or PIN and we could have prevented unauthorized transactions, you may be responsible for as much as $ Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you and we could have prevented unauthorized transactions, you may be responsible for any transactions after the 60 days. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time frames for a reasonable period of time. If you believe your ATM Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, notify us immediately by telephone or in writing. 2. MasterMoney Card. If your MasterMoney Card is lost or stolen, you agree to notify us immediately. You will not be responsible if someone used your MasterMoney Card to make a purchase without your permission. 3. Our Liability. 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: a. If through not fault of ours, you do not have enough available funds in your account to make the transfer. b. If the funds are subject to legal process or other encumbrance restricting the transfer. c. If the transfer would go over the credit limit on your overdraft line, if applicable. d. If the ATM where you are making the transfer does not have enough cash. e. If the ATM or system, the POS terminal or system, our Telephone Banking system, your telephone or communications link, the Online Banking system, your PC or modem, or other electronic system was not working and you knew about the malfunction when you started the transfer. f. If for Online Banking, a payee mishandles or delays in handling payments sent by us; or, if you have not provided us with the correct payee name, address, account information or payment amount. g. If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken. h. If for Online Banking, there is any loss, damage, or injury resulting from (i) an interruptions in your electrical power or telephone service; (ii) the disconnection of your telephone line by your local telephone company or from deficiencies in your line quality; or (iii) any defect, or malfunction of your PC,

6 modem, or telephone line. We are not responsible for any Online Banking transaction other than those specified in this Agreement. i. Except as otherwise provided in this Agreement or by law, for any loss, injury, or damage, whether direct, indirect, special, or consequential, caused by the Online Banking service or use thereof or arising in any way out of the installation, use or maintenance of the software and/or telephone or other telecommunications equipment. j. If we are otherwise exempted from liability under applicable laws and regulations. 4. Error Resolution Notice. In case of errors or questions about your electronic transfers, telephone us or write us 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. Our address and telephone number are listed on the last page. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared. a. Tell us your name and account number. b. 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. c. Tell us the dollar amount of the suspected error. If you tell us verbally, we will require that you send us your complaint or question in writing within 10 business days. Generally, we will tell you the results of our investigation within 10 business days (20 business days if the transfer involved, a new account) after we receive the notice from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this we will credit your account within 10 business days (20 business days if the transfer involved a new account) 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 do not receive your complaint or question in writing within 10 business days we may not credit your account. For Point of Sale transfers, for transfers that were initiated in a foreign country or for accounts less than 30 days old the investigation period is extended to 90 days. However, we will credit your account within 10 business days unless your account is less than 30 days old, in which case we will credit your account within 20 business days.

7 If we determine that there was no error we will send you a written explanation within three (3) business days after we complete our investigation. You may ask for copies of the documents we used in our investigation. If we have provisionally credited your account during the investigation and determine that there was no error you will be required to return any credit of funds you have received from us. If you do not return the funds, subject to certain restrictions, we have the right to take the funds out of your accounts(s). D. OTHER INFORMATION 1. Right to Receive Documentation of Transfers. a. Receipts. You can get a receipt at the time you make any transfer to or from your account using one of our ATM's or at a Point of Sale terminal. b. Account Statements. You will get a monthly account statement unless there are no transfers in a particular month. In any event, you will receive a statement at least quarterly. c. Passbook Accounts. The only electronic transfers allowed on passbook accounts are electronic deposits. If you bring your passbook to us we will record any electronic deposits that were made to your account since the last time you brought in your passbook. d. Preauthorized Deposits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company you can call us to find out whether or not the deposit has been made. 2. Confidentiality. We will disclose information to third parties about your account or the transfers you make: a. Where is necessary for completing transfers or other items, or b. In order to collect information for our internal use, the use of our service providers, and our servicing agents and contractors concerning our electronic fund transfer services, or c. In order to verify the existence and condition of your account for a third party such as a credit bureau or merchant, or d. In order to comply with government agency or court orders, or e. If you give us written permission, or f. If it involves a claim by or against us concerning a deposit to or withdrawal from your account, or g. Where otherwise required under state or federal laws and regulations. 3. Stop Payments and Notice of Varying Amounts. Unless otherwise provided in this Disclosure and Agreement, you understand that you cannot stop an electronic fund transfer other than a preauthorized payment. 4. Right to Stop Payment and Procedure. If you told us in advance to make regular payments out of your account you can stop any of these payments. Call

8 us or write us 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 will also require you to put your request in writing and deliver it to us within 14 days after you call. There is a fee to place a stop payment on a preauthorized payment. Please refer to your Account Fee Schedule. NOTE: If you want to stop these preauthorized payments, you agree to notify the person or organization that you have told us to pay. An EFT Stop Payment will only stop a specific payment. An EFT Revocation will permanently stop all payments to a particular person or company. 5. Notice of Varying Amounts. If these regular preauthorized payments 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 amount would fall outside certain limits you set. 6. 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 may be liable for your losses or damages. 7. Notice of Change. You will notified in writing 30 days prior to the effective date of any change in terms or conditions if the change would result in increased fees, greater liability, fewer types of available electronic transfers, or limit the access to your account. You will not be notified if an immediate change must be made to protect the electronic fund transfer system or your account. CUSTOMER AGREEMENT A. Transaction. If you use your Card, Telephone or Online Banking Services you are bound by this Customer Agreement in addition to the terms of the Electronic Fund Transfers Disclosure. B. Your Liability. 1. Safeguarding Your Card PIN and Online Banking User ID and Password. Your agree to protect your Card and PIN and to sign the signature panel on the back of your Card immediately upon receipt of your Card. Do not keep your Card and PIN in the same place. You agree to memorize your PIN, User ID and Password. Do not let anyone see you enter your PIN.

9 2. Wrongfully Use. If someone uses your Card, Card number or PC User ID without your consent you agree to give us a sworn statement detailing the wrongful use and help us in investigating the circumstances. The statement will be in the form prescribed by us and completed by you. 3. Reviewing Your Statements. You agree to look at your statements as soon as you receive them. If a statement shows a transaction not made by you, you will tell us promptly. If you do not tell us within 60 days after we mail the statement to you, the statement will be deemed to be correct and you will not be able to challenge any errors. 4. Receipts. Always take your ATM receipt(s) before leaving an ATM. Keep the merchant receipt(s) and destroy carbon copies to safeguard your account number. C. When you Owe Us Money. If funds have been deposited into your account which you are not legally entitled, by mistake or otherwise, you agree that such amounts are debts you owe us and you authorize us to summarily withdraw such amounts from the account or any other account you have with us. We can do this without giving prior notice or demand. We can also exercise our right of off-set to recover any such amount. (An example of such overpayment to your account would be a Social Security payment received by direct deposit after your death.) If an error you reported is not supported by our investigation, you agree to pay us the amount of any provisional credit you have received from us. D. Attorney Fees. If you bring legal action against us or if we bring a legal action against you and the legal action involves EFT's or matters discussed in this Disclosure and Agreement, you agree to pay our attorney's fees if we win. E. Our Liability. Unless otherwise in conflict with applicable laws and regulations governing our liability in connection with electronic fund transfers, you may recover only your actual damages if our failure to make a transfer: 1. Is not intentional, or 2. Results from a mistake made in good faith, or 3. Should have been prevented by our usual practices. F. Non- Enforcement of Our Rights. We may choose not to enforce, or delay enforcing, any of our rights under this Disclosure and Agreement without losing them in the future. G. Notices. Notices sent by us shall be effective when mailed to you at your last address that appears in our records. Except as otherwise provided in this Disclosure and Agreement or by applicable law, notice from you to us must be in writing and will be effective when received by us. For Your Safety When Using ATM Please Observe the Following:

10 a. Choose a well-lighted ATM and park close to it. Have someone come with you when using ATM at night. b. If the ATM you are using is inside a building close the entry door completely upon entering. c. Be aware of your surroundings. If you believe you are being watched or followed cancel your transaction and go to a populated area. If necessary, call the police. d. Do not write your PIN on or near the Card. Do not give your PIN or Card to anyone. e. Have your Card and any paperwork ready before you get to the ATM. This will save time and allow you to pay more attention to your surroundings. f. Place withdrawn cash out of sight in a secure place before stepping away from the ATM. Write to us at: 700 S Lewis Avenue Waukegan IL Or telephone us at: (847) Our Business Hours Monday through Friday (Except for holidays) 8:30am to 5:00pm