Agreements & Disclosures

ELECTRONIC FUND TRANSFERS YOUR RIGHTS AND RESPONSIBILITIES

Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed.

Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your checking or savings account(s).

Preauthorized payments. You may make arrangements to pay certain recurring bills from your checking, savings, or money market account(s).

ATM Transfers - types of transfers and dollar limitations - You may access your account(s) by ATM using your ATM card and personal identification number to:

  • make deposits to checking account(s) with an ATM card
  • make deposits to savings account(s) with an ATM card
  • get cash withdrawals from checking and savings account(s) with an ATM card--you may withdraw no more than $200 per day
  • transfer funds from savings to checking account(s) with an ATM card
  • transfer funds from checking to savings account(s) with an ATM card
  • get information about:
    the account balance of your checking accounts with an ATM card
    the account balance of your savings accounts with an ATM card

Some of these services may not be available at all terminals. Please also see Limitations on frequency of transfers section regarding limitations that apply to ATM transfers.

ATM Operator/Network Fees - When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer)

Types of Point-of-Sale Transactions - You may access your checking or savings account(s) to purchase goods (in person), pay for services (in person), and get cash from a merchant, if the merchant permits, or from a participating financial institution.

Point-of-Sale Transactions - dollar limitations and charges - Using your ATM card for point-of-sale:

You may not exceed $1000 in transactions per day.
There is a charge for each transaction (please refer to our Deposit Account Disclosure -
Services and Fees brochure)

Please also see Limitations on frequency of transfers section regarding limitations that apply to point-of-sale transactions.

Electronic Check Conversion. You may authorize a merchant to use your check as a source of information to initiate an EFT from your account (ECK). Electronic check conversion is a payment process in which a merchant (after obtaining your authorization) uses your check to gather routing, account, and check number information to initiate a one-time EFT. This type of EFT transaction involving a consumer account is covered by the Electronic Funds Transfer Act and this disclosure. A description of the transaction will appear on your statement.

Limitations on frequency of transfers - In addition to those limitations on transfers elsewhere described, if any, the following limitations apply:

  • Transfers from a money market account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per statement cycle by check, point-of-sale, or similar order to third parties.
  • Transfers from a savings account to another account or to third parties by preauthorized, automatic, or telephone transfer are limited to six per month by point-of-sale or similar order to third parties.

FEES

• We do not charge for direct deposits to any type of account.
• We do not charge for preauthorized payments from any type of account.
• Please refer to our Deposit Account Disclosure - Services and fees brochure for additional information about charges.

Except as indicated elsewhere, we do not charge for these electronic fund transfers.

DOCUMENTATION

  • Terminal transfers. You can get a receipt at the time you make any transfer to or from your account using one of our automated teller machines or point-of-sale terminals. We are not required to make available a receipt if the amount of the transfer is $15 or less.
  • Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, the person or company making the deposit will tell you every time they send us the money.
  • Preauthorized credits. 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 at (620) 697-2777 to find out whether or not the deposit has been made.
  • Periodic statements. You will get a monthly account statement from us for your checking accounts. You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.

PREAUTHORIZED PAYMENTS

  • Right to stop payment and procedures for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
    Call or write to us at the telephone number or address listed in this brochure in time for us to receive your request 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 14 days after you call.
    You will be charged for each stop payment order you give. Please refer to our Deposit Account Disclosure - Services and Fees brochure for the charge.
  • Notice of varying amounts. If these regular 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 that you set.)
  • Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these 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.

FINANCIAL INSTITUTION'S LIABILITY

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 you have an overdraft line and the transfer would go over the credit limit.
  3. If the automated teller machine where you are making the transfer does not have enough cash.
  4. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
  5. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  6. 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:

  1. where it is necessary for completing 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. in order to comply with government agency or court orders; or
  4. if you give us written permission.

YOUR RESPONSIBILITIES AND OUR RIGHTS

The use of a Card presents opportunities for fraudulent transactions and for loss both to you and to us. An EFT withdrawal is different from a withdrawal made by means of a paper check. We have the opportunity to examine the paper check and to refuse payment if it is irregular. An EFT withdrawal on the other hand occurs without any exercise of discretion on our part; if funds are available in your Account, our computer debits the Account automatically and instantaneously. Also, it is in your best interest and ours that we know your current mailing address so that you can promptly receive your statements and examine them to detect improper EFTs.

You must use caution to protect both your Card and your PIN from unauthorized use which might result in loss to you or to us. Therefore, we reserve the right to permanently or temporarily revoke your right to use the Card, and to close your Account by sending you a check for the balance, if

  1. we suffer a loss as a result of your failure to safeguard your Card or your PIN; or
  2. you overdraw your Account using the Card; or
  3. you fail to notify us of a change of your address.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT

In compliance with the Patriot Act, enacted to assist the government fight against the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account, effective October 1, 2003.  The First National Bank of Elkhart may require documentary evidence for customer identification purposes to open any type of account. Non-documentary methods (such as credit bureaus, public databases, and other financial institutions) may be utilized in addition to any documentary evidence required.

UNAUTHORIZED TRANSFERS

(a) Consumer liability. Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all of the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your card without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.)

If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us 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 the 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.

(b) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this brochure.

ERROR RESOLUTION NOTICE

In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this brochure, 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 appeared.

  1. Tell us your name and account number (if any).
  2. 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.
  3. Tell us the 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 10 business days.

We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear 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 ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.

We will tell you the results within three business days after 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.

HEARTLAND TRI-STATE BANK
ELKHART/ROLLA
CUSTOMER SERVICE
601 MORTON, P.O. BOX 1000
ELKHART, KANSAS 67950
Business Days: Monday through Friday Excluding Federal Holidays
Phone: (620) 697-2777
MORE DETAILED INFORMATION IS AVAILABLE UPON REQUEST