ELECTRONIC FUNDS TRANSFER AGREEMENT AND
DISCLOSURE
This Electronic
Funds Transfer Agreement is the contract which covers your and our
rights and responsibilities concerning the electronic funds transfer
("EFT") services offered to you by Wyoming State Bank ("Bank"). In
this Agreement, the words "you" and "yours" mean those who sign the
application or account card as applicants, joint owners, or any
authorized users. The words "we," "us," and "our" mean the Bank. The
word "account" means any one or more checking and savings accounts
you have with the Bank. Electronic funds transfers are
electronically initiated transfers of money from your account
through the electronic funds transfer services described below. By
signing an application or account card for EFT services, signing
your Card, or using any service, each of you, jointly and severally,
agree to the terms and conditions in this Agreement and any
amendments for the EFT services offered.
1.
EFT Services.
If approved, you may conduct any one or more of the EFT services
offered by the Bank.
a.ATM Card. If
approved, you may use your Card and PIN (Personal Identification
Number) in automated teller machines of the Bank, and such other
machines or facilities as the Bank may designate. At the present
time, you may use your Card to:
·Make
deposits to your accounts at a Wyoming State Bank owned ATM.
·
Withdraw funds from your checking and savings accounts.
·
Transfer funds from your checking and savings accounts.
·
Obtain balance information for your checking and savings accounts.
·
Access your Line of Credit account.
·Make
POS (Point-of-Sale) transactions with your Card and PIN (Personal
Identification Number) to purchase goods or services at POS
terminals that the Bank may designate.
The following
limitations on the frequency and amount of ATM transactions may
apply:
·There
is no limit on the number of cash withdrawals you may make in any
one day.
·You
may withdraw up to a maximum of $300.00 in any one day, if there are
sufficient funds in your account.
·There
is no limit on the number of POS transactions you may make in any
one day.
·You
may purchase up to a maximum of $300.00 from POS terminals per day,
if there are sufficient funds in your account.
·You
may transfer up to the available balance in your accounts at the
time of the transfer.
·See
Section 2 for transfer limitations that may apply to these
transactions.
Because of the
servicing schedule and processing time required in ATM operations,
there may be a delay between the time a deposit (either cash or
check) is made and when it will be available for withdrawal.
b.VISA Check Card. You may use your Card to purchase goods and services from participating
merchants. You agree that you will not use your Card for any
transaction that is illegal under applicable federal, state, or
local law. Funds to cover your Card purchases will be deducted from
your checking account. If you initiate a transaction that overdraws
your Account, you agree to make immediate payment of any overdrafts
together with any overdraft charges to the Bank. In the event of
repeated overdrafts, the Bank may terminate all services under this
Agreement. You may use your Card and PIN (Personal Identification
Number) in automated teller machines of the Bank, STAR, Cirrus
Networks, and such other machines or facilities as the Bank may
designate. At the present time, you may also use your Card to:
·Make
deposits to your checking and savings accounts at a Wyoming State
Bank owned ATM.
·
Withdraw funds from your checking and savings accounts.
·
Transfer funds from your checking and savings accounts.
·
Obtain balance information for your checking and savings accounts.
·Make
POS (Point-of-Sale) transactions with your Card and PIN (Personal
Identification Number) to purchase goods or services at merchants
that accept VISA.
·Order
goods or services by mail or telephone from places that accept VISA.
The following
limitations on the frequency and amount of VISA Check Card
transactions may apply:
·There
is no limit on the number of VISA Check Card purchases you may make
per day.
·
Purchase amounts are limited to the amount in your account up to a
maximum of $2,500.00 per day.
·There
is no limit to the number of cash withdrawals you may make in any
one day from an ATM machine.
·You
may withdraw up to a maximum of $300.00 in any one day from an ATM
machine, if there are sufficient funds in your account.
·There
is no limit on the number of POS transactions you may make in any
one day.
·You
may purchase up to a maximum of $300.00 from POS terminals per day,
if there are sufficient funds in your account.
·You
may transfer up to the available balance in your accounts at the
time of the transfer.
See Section 2 for
transfer limitations that may apply to these transactions.
c.Preauthorized EFTs.
·
Direct Deposit. Upon instruction of (i) your employer or (ii) the
Treasury Department or (iii) other financial institutions, the Bank
will accept direct deposits of your paycheck or of federal recurring
payments, such as Social Security, to your share and/or share draft
account.
·
Preauthorized Debits. Upon instruction, we will pay certain
recurring transactions from your checking account.
·
Checking account: unlimited debits. Savings account: maximum three
(3) debits per month.
See Section 2 for
transfer limitations that may apply to these transactions.
d.Internet Banking Electronic/PC EFTs. If we approve the Internet Home Banking
electronic/PC access service for your accounts, a separate PIN
(Personal Identification Number) will be assigned to you. You must
use your PIN (Personal Identification Number) along with your
account number to access your accounts. At the present time, you may
use the Internet Banking access service to:
·
Transfer funds from your checking and savings accounts.
·
Obtain balance information for your checking and savings accounts.
·Make
loan payments from your checking and savings accounts.
Your accounts can
be accessed under the Internet Banking electronic/PC access service
via personal computer. Internet Banking service will be available
for your convenience twenty-four (24) hours per day. This service
may be interrupted for a short time each day for data processing. 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. All checks are payable to you as a owner and
will be mailed to your address of record. We may set other limits on
the amount of any transaction, and you will be notified of those
limits. We may refuse to honor any transaction for which you do not
have sufficient available verified funds. The service will
discontinue if no transaction is entered after numerous unsuccessful
attempts to enter a transaction, and there may be limits on the
duration of each access.
·There
is no limit to the number of inquiries, transfers, or withdrawal
requests you may make in any one day.
See Section 2 for
transfer limitations that may apply to these transactions.
e.WyoPay (Bill Payment). We will process bill payment transfer requests only to
those creditors the Bank has designated in the User Instructions and
such creditors as you authorize and for whom the Bank has the proper
vendor code number. We will not process any bill payment transfer if
the required transaction information is incomplete. We will withdraw
the designated funds from your share draft account for bill payment
transfer by the designated cut-off time on the date you schedule for
payment. We will process your bill payment transfer within a
designated number of days before the date you are scheduled for
payment. You must allow sufficient time for vendors to process your
payment after they receive a transfer from us. Please leave as much
time as though you were sending your payment by mail. We cannot
guarantee the time that any payment will be credited to your account
by the vendor.
·There
is no limit on the number of bill payments per day.
2.
Transfer Limitations.
·For
all savings accounts, no more than six (6) preauthorized, automatic
transfers and withdrawals may be made from these accounts to another
account of yours or to a third party in any month, and no more than
three (3) of these six (6) may be made by check, draft, or access
card to a third party. If you exceed these limitations, your account
may be subject to a fee of $5.00 per transaction in excess of 6 or
may be closed.
3.
Conditions of EFT Services.
a.Ownership of Cards. Any Card or other device which we supply to you is our property and
must be returned to us, or to any person whom we authorize to act as
our agent, or to any person who is authorized to honor the Card,
immediately according to instructions. The Card may be repossessed
at any time at our sole discretion without demand or notice. You
cannot transfer your Card or account to another person.
b.Honoring the Card. Neither we nor merchants authorized to honor the Card will be
responsible for the failure or refusal to honor the Card or any
other device we supply to you. If a merchant agrees to give you a
refund or adjustment, you agree to accept a credit to your account
in lieu of a cash refund.
c.Foreign Transactions. VISA Purchases and cash withdrawals made in foreign countries and
foreign currencies will be debited from your account in U.S.
dollars. The conversion rate to dollars will be determined in
accordance with the operating regulations established by VISA
International. Currently the currency conversion rate used to
determine the transaction amount in U.S. dollars is generally either
a government-mandated rate or the wholesale rate in effect the day
before the transaction processing date, increased by 1%. The
currency conversion rate used on the processing date may differ from
the rate that would have been used on the purchase date or
cardholder statement posting date.
d.Security of Access Code. You may use one or more access codes with your electronic
funds transfers. The access codes issued to you are for your
security purposes. Any codes issued to you are confidential and
should not be disclosed to third parties or recorded on or with the
Card. You are responsible for safekeeping your access codes. You
agree not to disclose or otherwise make your access codes available
to anyone not authorized to sign on your accounts. If you authorize
anyone to use your access codes, that authority shall continue until
you specifically revoke such authority by notifying the Bank. You
understand that any joint owner you authorize to use an access code
may withdraw or transfer funds from any of your accounts. If you
fail to maintain the security of these access codes and the Bank
suffers a loss, we may terminate your EFT services immediately.
e.Joint Accounts.
If any of your accounts accessed under this Agreement are joint
accounts, all joint owners, including any authorized users, shall be
bound by this Agreement and, alone and together, shall be
responsible for all EFT transactions to or from any share and share
draft or loan accounts as provided in this Agreement. Each joint
account owner, without the consent of any other account owner, may,
and hereby is authorized by every other joint account owner to, make
any transaction permitted under this Agreement. Each joint account
owner is authorized to act for the other account owners, and the
Bank may accept orders and instructions regarding any EFT
transaction on any account from any joint account owner.
4.
Fees and Charges.
·There
are certain fees and charges for electronic funds transfer services.
For a current listing of all applicable fees, see our current Fee
Schedule that was provided to you at the time you applied for or
requested these electronic services. From time to time, the charges
may be changed. We will notify you of any changes as required by
applicable law.
·If
you use an ATM not owned by us, you may be charged a fee by the ATM
operator or any network used to complete the transfer (and you may
be charged a fee for a balance inquiry). The fee will be debited
from your account if you elect to complete the transaction or
continue with the balance inquiry.
5.
Member Liability.
·You
are responsible for all EFT transactions you authorize. If you
permit someone else to use an EFT service, your Card or your access
code, you are responsible for any transactions they authorize or
conduct on any of your accounts.
Tell us AT ONCE if
you believe your card has been lost or stolen or if you believe
someone has used your Card or access code or otherwise accessed your
accounts without your authority. 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 a
transaction was made with your Card or Card number without your
permission, and was either a VISA or Interlink transaction, you will
have no liability for the transaction, unless you were grossly
negligent in the handling of your account or card. For all other EFT
transactions, including ATM transactions or if you were grossly
negligent in the handling of your account or card, your liability
for an unauthorized transaction is determined as follows. If you
tell us within two (2) business days you can lose no more than $50
if someone used your Card 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, and we can prove we could have stopped someone
from using your Card 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
making the transfers if you had told us in time. If a good reason
(such as a hospital stay) kept you from telling us, we will extend
the time periods. If you believe your Card has been lost or stolen
or that someone has transferred or may transfer money from your
account without your permission, call:
(307) 721-9100
Fax: (307) 721-9102
Or, write to:
Wyoming State Bank
PO Box 700
Laramie, WY 82073-0700
6.
Right to Receive Documentation.
a.Periodic Statements. Transfers and withdrawals made through any ATM or POS terminal, Debit
Card transactions, audio response transactions, preauthorized EFTs,
electronic/PC transactions or bill payments you make will be
recorded on your periodic statement. You will receive a statement
monthly unless there is no transaction in a particular month. In any
case, you will receive a statement at least quarterly.
b.Terminal Receipt. You will get a receipt at the time you make any transaction (except
inquiries) involving your account using an ATM, POS terminal, or
Debit Card transaction with a participating merchant.
c.Direct Deposit.
If you have arranged to have a direct deposit made to your account
at least once every sixty (60) days from the same source and you do
not receive a receipt (such as a pay stub), you can find out whether
or not the deposit has been made by calling (307) 721-9100. This
does not apply to transactions occurring outside the United States.
7.
Account Information Disclosure.
We will disclose information to third parties about your account or
the transfers you make:
·As
necessary to complete transfers;
·To
verify the existence of sufficient funds to cover specific
transactions 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.
8.
Business Days.
Lobby hours are 9:00 am to 5:00 pm, Monday through Friday. Drive-up
banking hours are 7:30 am to 5:30 pm, Monday through Friday and 9:00
to Noon on Saturday, excluding holidays.
9.
Bank 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 may be
liable for your losses or damages. However, we will not be liable
for direct or consequential damages in the following events:
·If,
through no fault of ours, there is not enough money in your accounts
to complete the transaction, if any funds in your accounts necessary
to complete the transaction are held as uncollected funds pursuant
to our Funds Availability Policy, or if the transaction involves a
loan request exceeding your credit limit.
·If
you used your Card or access code in an incorrect manner.
·If
the ATM where you are making the transfer does not have enough cash.
·If
the ATM was not working properly, and you knew about the problem
when you started the transaction.
·If
circumstances beyond our control (such as fire, flood, or power
failure) prevent the transaction.
·If
the money in your account is subject to legal process or other
claim.
·If
funds in your account are pledged as collateral or frozen because of
a delinquent loan.
·If
the error was caused by a system of any participating ATM network.
·If
the electronic transfer is not completed as a result of your willful
or negligent use of your Card, access code, or any EFT facility for
making such transfers.
·If
the telephone or computer equipment you use to conduct audio
response or electronic/PC transactions is not working properly and
you know or should have known about the breakdown when you started
the transaction.
·If
you have bill payment services, we can only confirm the amount, the
participating merchant, and date of the bill payment transfer made
by the Bank. For any other error or question you have involving the
billing statement of the participating merchant, you must contact
the merchant directly. We are not responsible for investigating such
errors.
·Any
other exceptions as established by the Bank.
a.Stop Payment Rights. If you have arranged in advance to make regular electronic fund
transfers out of your account(s) for money you owe others, you may
stop payment of preauthorized transfers from your account. You must
notify us orally or in writing at any time up to three (3) business
days before the scheduled date of the transfer. We may require
written confirmation of the stop payment order to be made within
fourteen (14) days of any oral notification. If we do not receive
the written confirmation, the oral stop payment order shall cease to
be binding fourteen (14) days after it has been made.
b.Notice of Varying Amounts. If these regular payments may vary in amount, the person
you are going to pay is required to 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.
c.Liability for Failure to Stop Payment of Preauthorized Transfers.
If you order us to stop payment of a preauthorized transfer 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.
10.
Notices.
All notices from us will be effective when we have mailed them or
delivered them to your last known address in the Bank's records.
Notices from you will be effective when received by the Bank at 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. Use of this service is subject to
existing regulations governing the Bank account and any future
changes to those regulations.
The following information
is a list of safety precautions regarding the use of Automated
Teller Machines (ATM) and Night Deposit Facilities.
·Be
aware of your surroundings, particularly at night.
·
Consider having someone accompany you when the ATM or night deposit
facility is used after dark.
·If
another person is uncomfortably close to you at the time of your
transaction, ask the person to step back before you complete your
transaction.
·
Refrain from displaying your cash at the ATM or night deposit
facility. As soon as your transaction is completed, place your money
in your purse or wallet. Count the cash later in the safety of your
car or home.
·If
you notice anything suspicious at the ATM or night deposit facility,
consider using another ATM or night deposit facility or coming back
later. If you are in the middle of a transaction and you notice
something suspicious, cancel the transaction, take your Card or
deposit envelope, and leave.
·If
you are followed after making a transaction, go to the nearest
public area where people are located.
·Do
not write your personal identification number or code on your ATM
Card.
·
Report all crimes to law enforcement officials immediately.
11.
Billing Errors.
In case of errors or questions about electronic funds transfers from
your checking and savings accounts, telephone us at the following
number or send us a written notice to the following address as soon
as you can. We must hear from you no later than sixty (60) days
after we sent the FIRST statement on which the problem appears. Call
us at:
(307) 721-9100
Fax: (307) 721-9102
Or, write to:
Wyoming State Bank
PO Box 700
Laramie, WY 82073-0700
·Tell
us your name and account number.
·
Describe the electronic transfer you are unsure about, and explain
as clearly as you can why you believe the Bank has made an error or
why you need more information.
·Tell
us the date and 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 tell you
the results of our investigation within ten (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 forty-five (45)** days to
investigate your complaint or question. If we decide to do this, we
will credit your account within ten (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 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. We will tell you the results within three (3) business days
of 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
you give notice of an error within thirty (30) days after you make
the first deposit to your account, we will have twenty (20) business
days instead of ten (10) business days. ** If you give notice of an
error within thirty (30) days after you make the first deposit to
your account, notice of an error involving a point of sale
transaction, or notice of an error involving a transaction initiated
outside the U.S. its possessions and territories, we will have
ninety (90) days instead of forty-five (45) days to investigate.
NOTE: If the error you assert is an unauthorized VISA debit card
transaction, other than a cash disbursement at an ATM, we will
credit your account within five (5) business days unless we
determine that the circumstances or your account history warrant a
delay, in which case you will receive credit within ten (10)
business days.
12.
Termination of EFT Services.
You may terminate this Agreement or any EFT service under this
Agreement at any time by notifying us in writing and stopping your
use of your Card and any access code. You must return all Cards to
the Bank. You also agree to notify any participating merchants that
authority to make bill payment transfers has been revoked. We may
also terminate this Agreement at any time by notifying you orally or
in writing. If we terminate this Agreement, we may notify any
participating merchants making preauthorized debits or credits to
any of your accounts that this Agreement has been terminated and
that we will not accept any further preauthorized transaction
instructions. We may also program our computer not to accept your
Card or access code for any EFT service. Whether you or the Bank
terminates this Agreement, the termination shall not affect your
obligations under this Agreement for any EFTs made prior to
termination.
13.
Governing Law.
This Agreement is governed by the Bylaws of the Bank, federal laws
and regulations, the laws and regulations of the state of Maryland
and local clearinghouse rules, as amended from time to time. Any
disputes regarding this Agreement shall be subject to the
jurisdiction of the court of the county in which the Bank is
located.
14.
Enforcement.
You are liable to us for any loss, cost or expenses we incur
resulting from your failure to follow this Agreement. You authorize
us to deduct any such loss, costs or expenses from your account
without prior notice to you. If we bring a legal action to collect
any amount due under or to enforce this Agreement, we shall be
entitled, subject to applicable law, to payment of reasonable
attorney's fees and costs, including fees on any appeal, bankruptcy
proceedings, and any post-judgment collection actions.