ELECTRONIC FUNDS TRANSFER AGREEMENT REG E DISCLOSURE

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1 ELECTRONIC FUNDS TRANSFER AGREEMENT REG E DISCLOSURE The purpose of this disclosure statement is to inform you of certain rights which you have under the Electronic Funds Transfer Act. NOTICE REGARDING ATM FEES BY OTHERS: If you use an automated teller machine that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated teller network. AUTOMATED TELLER MACHINE (ATM) AND POINT OF SALE SERVICES You may use your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card with your personal Identification Number ( PIN ) at STAR sm SYSTEM Centers located throughout the United States, or at any CIRRUS Automated Teller Machine ( CIRRUS ATM ) located throughout the United States and the Commonwealth of Puerto Rico, to conduct any of the following transactions for each of the accounts that you have requested to be accessed by your Sterling ATM Card,, Health Savings Account or Sterling Banking Card. In the event of International Travel, contact your local Branch Manager to make arrangements to temporarily activate your card for international use. a) Withdraw cash from: b) Deposit cash and checks into: c) Transfer funds between d) Obtain Cash Advances from your Sterling V.I.P. Check Credit Plus (only at Star System Centers) e) Obtain available balance(s) from These are the present services available from the STAR sm SYSTEM and network, but other services may be provided in the future as they are developed. The above transactions are only applicable to the accounts which you list on your Sterling ATM Card or Sterling Banking Card application form and have designated as the primary account of each account type, or such other primary accounts which are added later at your written request. Other ATM Network Access From time to time we may make arrangements with other ATM networks to grant access to Sterling Banking Cards. We shall inform you when such arrangement is made and describe the services which are made available to you and the changes therefore at that time. Sterling Banking Card and Health Savings Account Card Purchase Transaction You may use the Health Savings Account Card or Sterling Banking Card with your PIN at any retail establishment ( Merchant ) where STAR sm SYSTEM cards are accepted to purchase goods and services and/or to obtain cash where permitted by the Merchant ( Purchase ). The amount of all such purchases (including any cash obtained, if permitted) will be deducted from your primary account. When you make a purchase using the Sterling Banking Card, you will be requesting us to withdraw funds from your selected Page 1 of 6

2 primary account in the amount of the Purchase and directing or ordering us to pay these funds to such Merchant. Any Purchase refund made by a Merchant will be posted to your primary account. Limitation on the Use of your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card You may use the Sterling ATM Card or Sterling Banking Card with your PIN to withdraw funds up to the dollar limit indicated below, according to the card type, each business day at a Sterling National Bank Merchant or a Network Machine provided the funds are available in your Account(s). In addition to the amount that you may withdraw in cash each day, you may use the Health Savings Account Card or Sterling Banking Card to make purchases up to the dollar limit indicated below, according to the card type. Daily Dollar Transaction Limits POS Transactions Card Type ATM Withdrawals Retail Purchases Sterling ATM Card $ $ 0.00 Health Savings Account Card $ $ 2, Sterling Banking Card $ $ 2, Professional Banking Card $ 1, $ 5, There are certain limitations on the frequency of use of a Sterling National Bank ATM Machine each day. These limitations are imposed and not revealed for security purposes. You will be denied the use of the Sterling ATM Card, Health Savings Account Card or Sterling Banking Card if you (i) exceed the daily withdrawal or Purchase Limit; (ii) do not have adequate funds available in your account; (iii) do not enter the correct PIN, or (iv) exceed the frequency of usage limitations. The receipt provided by the Sterling National Bank ATM Machine, Network Machine or Merchant terminal will notify you of the denial. There is a limit on the number of such denials permitted. Attempts to exceed the limit may result in machine retention of your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card. The number of attempts that result in machine retention of your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card is not revealed for security reasons. Use of your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card and the privileges associated with it can be canceled by us at any time for whatever reason we decided and without prior notice to you. The Sterling ATM Card, Health Savings Account Card or Sterling Banking Card remains the property of Sterling National Bank, and if we ask you to, you must return it to us, cut in half. STERLING BANKING CARD Cash Withdrawals and Visa Purchases Your Sterling Banking Card will be accepted at any VISA merchant location throughout the United States and the Commonwealth of Puerto Rico. You can use your Sterling Banking Card and signature to make purchases at VISA merchant locations the same as you would with a credit card. The cost of purchases will be immediately withdrawn from your Primary checking account. You agree that using your Sterling Banking Card is an additional way to access your checking account, and that the amount of these purchases will be withdrawn from your primary checking account. You authorized Sterling National Bank to debit or credit your account as necessary for the total amount of any sales draft, cash withdrawal slip or credit voucher originated by the proper use of the Sterling Banking Card. Sterling Banking Card Transactions Using the Sterling Banking Card to purchase goods and services at merchant locations or to withdraw cash will create a withdrawal from your primary account, even though the transaction may not actually be posted to your account until a later date. Any merchant honoring the Sterling Banking Card may be required to obtain approval or authorization for any transaction over a certain dollar amount. This will create a hold on your Account for the authorized amount. Any hold placed on your account may reduce the available funds in your account so that other checks or transfers presented may not be authorized, or other checks may not be approved. You agree that Sterling National Bank may take this action and you agree to relieve the Bank of any liability for placing a hold on the accounts as stated. Page 2 of 6

3 Stop Payment and Return of Drafts You waive your rights to stop payment on any sales draft or cash withdrawal slip originated by proper use of your Sterling Banking Card. You also agree that Sterling National Bank will not be responsible for returning, with your account statement, the original copy of any sales draft or cash withdrawal slip originated by the use of your Sterling Banking Card. How to Contact the Sterling Banking Card Service If you believe your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card or your PIN number has been lost or stolen or that an unauthorized transfer or Purchase from any of your accounts has occurred or may occur, please contact the STAR sm SYSTEM immediately by calling or writing Banking Card Services at Sterling National Bank: Sterling National Bank 42 Broadway, 4 th Floor New York, NY (212) A new card and PIN will be issued to you at the time and a hold will be placed on your old card. After such time, if you find your old card, you must notify us and return your old card to us. If you attempt to use your old card it may be captured and retained by the STAR sm SYSTEM or ATM. Charges for Transaction We reserve the right to change our fee schedule from time to time and to charge your account in accordance with the fee schedule that will be provided to you at least twenty-one (21) days prior to assessment or change in assessment. Record of Transaction You will receive a printed receipt for each Sterling ATM Card, Health Savings Account Card or Sterling Banking Card withdrawal or Purchase transaction, which you make at the time of your transaction. You will receive a monthly statement showing the status of your account(s), transactions made during the past month and any charges which we may impose for such services or transactions. Liability for Unauthorized Transfers CONTACT US IMMEDIATELY if you believe your Sterling ATM Card, Health Savings Account Card, Sterling Banking Card or PIN number has been lost or stolen. Telephoning us at (212) or 1 (800) is the best way of keeping your losses to a minimum. You could lose all your money in the account(s) if you take no action to notify us of the loss of your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card or PIN number. If you notify us of the loss, your liability will be as follows: a. If you contact us within two (2) business days of the loss or your discovery of the loss, you can lose no more than $50.00 if someone used your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card and PIN number without your permission. b. If someone used your Sterling ATM Card, Health Savings Account Card or Sterling Banking Card and PIN number without your permission, you could lose as much as $ if you DO NOT contact us within two business days after you learn of the loss and we can prove that we could have prevented the loss if you had contacted us. c. If your monthly statement shows transfers or Purchases that you did not make and you DO NOT contact us within 60 days after the statement was mailed to you, you may not get back any money lost after the 60 days, if we can prove that your contacting us would have prevented those losses. d. If a good reason, such as a long trip or a hospital stay kept you from calling us, we will extend the time period. Page 3 of 6

4 Business Days Our business days are Monday through Friday excluding National Holidays. Preauthorized Credit 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 may contact your branch office to find out whether or not the deposit has been made, at the telephone number listed on your statement. Preauthorized Debit A preauthorized debit is an automatic payment from your account which you have authorized to be made on a regular basis. Stopping Payment on Preauthorized Payments If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Call us at the number listed 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 may also require that you put your request in writing and get it in to us within 14 days after your call. The number to call is (212) , or you may contact your branch office. Our Liability for Failure to Stop a Payment If you order us to stop any of these preauthorized payments 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. In the Case of Errors or Questions About Your Electronic Transfers Telephone the Branch Support Department at (212) or write us at Sterling National Bank, 42 Broadway, 4 th Floor, New York, NY Attention: Branch Support. 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 60 days after we sent the first statement on which the problem or error occurred. a. Tell us your name and account number. b. Describe the error of 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. d. Tell us if the transaction took place at an ATM operated by us, at a network ATM or if it was a POS transaction. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 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 45 days to investigate your complaint or questions and 90 days for point of sale transactions. If we decide to do this, we 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 it takes to complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, w may not credit your account. If the error involves an electronic transfer to or from a new account (an account is new during the 30 calendar days after the initial deposit), each 10-business day period referred to in this paragraph will be 20 business days, and the 45-day period referred to in this paragraph will be 90 days for transfers that were (a) not initiated within a state; (b) resulted from a POS debit card transaction; or (c) occurred within 30 days after first deposit to the account was made. If we decide there was not an error, we will send you a written explanation within 3 business days after we finish our investigation. If we credit your account with funds while investigating an error, you must repay those funds to us if we conclude no error has occurred. Page 4 of 6

5 Disclosure of Account Information We will disclose information about your account or the transaction you make to third parties. a. Where it is necessary to complete transaction; b. To verify the existence and standing of your account with us upon the request of a third party, such as a credit bureau; c. In accordance with your written permission; d. In order to comply with court orders or government administrative agency summons, subpoenas, orders, examinations and escheat reports; and/or e. On receipt of certification from a federal agency or department that a request for information is in compliance with the Right to Financial Privacy Act of Our Liability for Failure to Complete an Electronic Fund Transfer Transaction If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for damages caused by the failure unless: a. There are insufficient funds in your account to complete the transaction through no fault of ours; b. The funds in your account are unavailable; c. The funds in your account are subject to legal process; d. The transaction you requested would exceed the funds in your account plus any available overdraft credit; e. The Sterling machine or network machine has insufficient cash to complete the transaction; f. Your card has been reported lost or stolen and you are using the reported card; g. We have reason to believe that the transaction requested is unauthorized; h. The failure is due to an equipment breakdown which you knew about when you started the transaction at the Sterling or merchant terminal; i. The failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control; j. You attempt to complete a transaction at a STAR sm SYSTEMS, ATM, or Merchant terminal which is not a permissible transaction listed above; k. The transaction would exceed security limitations on the use of your Sterling Banking Card; or l. Exceptions are stated in other agreements between you and us, such as your Deposit Account Agreement and Disclosures. In any case, we shall only be liable for actual proven damages, if the failure to make the transaction resulted from the bonafide error, despite our procedure to avoid such errors. GOVERNING LAW Any dispute arising from or related to your accounts provided to you by Sterling National Bank shall be governed by the laws of the State of New York (without reference to the conflict of laws rules thereof). In addition, any dispute arising from or related to your Account with Sterling National Bank or services provided to you by Sterling National Bank shall be governed by federal laws and regulations; Federal Reserve Bank rules and general commercial banking practices applicable to Accounts of your type or to the service provided by Sterling National Bank. NOTICES All notices required to be sent under this Agreement will be mailed to you, or electronically mailed if you chose that method at the address we have in our files. Notices sent to one of the business entities named in the card application will be deemed notice to all. AMENDMENT OF THIS AGREEMENT You agree that from time to time we may amend or change the terms of this Agreement including amendments or changes to services or to amend or change the charges for these services. We may do so by notifying you in writing of such amendments or changes and your use of the Sterling ATM Card, Page 5 of 6

6 Health Savings Account Card or Sterling Banking Card after the effective date of any such amendment or change shall constitute your acceptance of any agreement to such amendment or change. Consumer Safety Information a. The activity of the automated teller machine facilities will be recorded by a surveillance camera or cameras; b. Customers should close the entry door completely upon entering and exiting; c. Customers should not permit any unknown persons to enter after regular banking hours; d. Customers should place withdrawn cash securely upon their person before exiting the automated teller machine facility; e. Complaints concerning security in the automated teller machine facility should be directed to Sterling National Bank s Security Department at (212) or the Department of Consumer Affairs at (212) ; and f. The nearest available public telephone should be used to call the police if emergency assistance is needed. Page 6 of 6

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