Common use of LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING Clause in Contracts

LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING. Tell us AT ONCE if you think your Card and your code, or both, has been lost or stolen or used without your permission. Telephoning is the best way if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen card or code and your card or code is used without your permission. If you think your Card, your code, or both have been lost or stolen, or that someone has transferred or may transfer money from your account without permission call: 1. You can use your card and your own password on Cirrus® or NYCE® or other banking machines or devices approved by us. You can use your card to obtain the services described in this agreement and the Electronic Banking Disclosure Statement relating to your account or accounts which we have furnished to you. Some of these services may not be available at all locations. 2. All deposits, and other transactions with your card are subject to later proof and verification. All items are received for collection. All credits are provisional and are subject to final payment. The acknowledgment form provided is not a binding receipt. 3. Your card and any replacement card remain our property. The card is not transferable. You will return it to us upon request. 4. Your password should be memorized and kept secret. In no event should it be written on, or carried with, your card. If you believe that your password is no longer secret because it has been disclosed, you will notify us immediately. 5. You will promptly review all materials we send you, including account statements and notices. You will notify us immediately if you find any discrepancies between materials and your records, particularly, if you discover that an unauthorized use of your card, or your account or accounts may have occurred. 6. Any notices you give us should first be given orally in person or by telephone and should be confirmed in writing immediately. 7. After you have given notice of a lost or stolen card, a disclosed password, or an unauthorized use to us by calling the phone number or writing to the address listed in the Electronic Banking Disclosure Statement relating to your account or accounts, you will not be liable for subsequent unauthorized card transactions IF YOU FAIL TO GIVE US NOTICE, YOU WILL BE LIABLE FOR LOSSES UP TO A MAXIMUM OF $50.00. 8. The use of the card will be governed by our rules and regulations and the additional terms in the Electronic Banking Disclosure Statement relating to your account or accounts as in effect from time to time. 9. We may amend this agreement at any time by mailing you a written notice of the substance of the amendment at your listed address at least 30 days before it is to go into effect. The amendment will be effective for transactions after its effective date unless you notify us in writing before that date that you will not use your card further and return your card to us. Otherwise, you will agree to the amendment. 10. Either of us may terminate this agreement at any time by giving written notice to the other, but the termination will not affect previous transactions. Termination of this agreement does not terminate your account or accounts with us. Closing the account or accounts to which the card relates terminates this agreement simultaneously. 11. Questions about the terms of this agreement will be decided by Massachusetts law, except to the extent that any applicable Federal law controls. If there is a conflict between any terms of this agreement and Massachusetts or controlling Federal laws or regulations, that term shall be deemed to be modified to make it comply.

Appears in 1 contract

Samples: Electronic Funds Transfer Disclosure and Card Holder Agreement

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LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING. Tell us AT ONCE if you think your Card and your code, or both, has been lost or stolen or used without your permission. Telephoning is the best way if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen card or code and your card or code is used without your permission. If you think your Card, your code, or both have been lost or stolen, or that someone has transferred or may transfer money from your account without permission call: 1. You can use your card and your own password on Cirrus® or NYCE® or other banking machines or devices approved by us. You can use your card to obtain the services described in this agreement and the Electronic Banking Disclosure Statement relating to your account or accounts which we have furnished to you. Some of these services may not be available at all locations. 2. All deposits, and other transactions with your card are subject to later proof and verification. All items are received for collection. All credits are provisional and are subject to final payment. The acknowledgment form provided is not a binding receipt. 3. Your card and any replacement card remain our property. The card is not transferable. You will return it to us upon request. 4. Your password should be memorized and kept secret. In no event should it be written on, or carried with, your card. If you believe that your password is no longer secret because it has been disclosed, you will notify us immediately. 5. You will promptly review all materials we send you, including account statements and notices. You will notify us immediately if you find any discrepancies between materials and your records, particularly, if you discover that an unauthorized use of your card, or your account or accounts may have occurred. 6. Any notices you give us should first be given orally in person or by telephone and should be confirmed in writing immediately. 7. After you have given notice of a lost or stolen card, a disclosed password, or an unauthorized use to us by calling the phone number or writing to the address listed in the Electronic Banking Disclosure Statement relating to your account or accounts, you will not be liable for subsequent unauthorized card transactions IF YOU FAIL TO GIVE US NOTICE, YOU WILL BE LIABLE FOR LOSSES UP TO A MAXIMUM OF $50.00. 8. The use of the card will be governed by our rules and regulations and the additional terms in the Electronic Banking Disclosure Statement relating to your account or accounts as in effect from time to time. 9. We may amend this agreement at any time by mailing you a written notice of the substance of the amendment at your listed address at least 30 days before it is to go into effect. The amendment will be effective for transactions after its effective date unless you notify us in writing before that date that you will not use your card further and return your card to us. Otherwise, you will agree to the amendment. 10. Either of us may terminate this agreement at any time by giving written notice to the other, but the termination will not affect previous transactions. Termination of this agreement does not terminate your account or accounts with us. Closing the account or accounts to which the card relates terminates this agreement simultaneously. 11. Questions about the terms of this agreement will be decided by Massachusetts law, except to the extent that any applicable Federal law controls. If there is a conflict between any terms of this agreement and Massachusetts or controlling Federal laws or regulations, that term shall be deemed to be modified to make it comply. When we pay Overdraft Items for you, you will be charged our standard Overdraft Fee, currently $35, for each item we pay (except as described below for ATM and one-time debit card transactions). Even if you have the Overdraft Privilege service, we pay Overdraft Items only in our discretion, which means that we do not guarantee that we will always authorize and pay any type of Overdraft transaction. If we do not pay your Overdraft Item, you will be charged our standard Return Item Fee, currently $35, for each item we return unpaid. We will charge a total daily maximum of $175 in Overdraft Fees and Return Item Fees. This daily fee cap does not apply to accounts that are maintained for your business purposes rather than your personal, family or household purposes. The Overdraft Privilege service is not a line of credit. Overdrafts and Overdrawn Account - An “Overdraft” occurs when your Available Balance is not enough to cover a transaction, but we pay (or cover) the transaction anyway. This Overdraft condition is also called having an “Overdrawn” account, and transactions that cause an Overdraft or that increase the amount by which your Available Balance is less than $0 are sometimes called “Overdraft Transactions.” An “Overdraft Item” is any item covered by Overdraft Privilege (described below) that is presented to your account that causes an Overdraft. Whether we pay an Overdraft Transaction depends on the type of transaction (check or ATM transaction, for example) and, in some cases, whether you are using our Automatic Transfer service or Overdraft Line of Credit. Please note that the Automatic Transfer service and Overdraft Line of Credit, when used in accordance with their terms, prevent Overdrafts from occurring when the transaction can be paid using one of those services. payment more than once if the item was returned by us because your Available Balance was not enough to pay the charge in full. For purposes of this section only, we refer to the items listed above as “Charge Items.” We do not monitor or control the number of times any transaction is submitted for payment. If any of these Charge Items was previously returned by us and is then re-presented, and your Available Balance is again insufficient to pay the item in full, we decide in our discretion whether to pay or return the re-presented Charge Item. Every time we return any Charge Item unpaid because your Available Balance is insufficient to pay the item, we will assess a Return Item Fee; and every time we pay any Charge Item presented to your account for payment despite the fact that your Available Balance is insufficient to cover the amount of the charge, we will charge you an Overdraft Fee (except as described above for ATM and one-time debit card transactions). This means that multiple presentments to us of the same Charge Items can result in multiple Return Item Fees, or one or more Return Item Fees and an Overdraft Fee. You agree that we may charge you these fees, even if it means multiple fees because a Charge Item is presented to us more than once and your Available Balance is not sufficient to pay the item each time. We can return any Charge Item unpaid when your Available Balance is not sufficient to fully pay the item even if you are using our Overdraft Privilege service but we choose not to pay the item. We decide in our discretion whether to pay or return any check or other Charge Item presented against your account when your Available Balance is insufficient to pay the item, based on the amount of the Charge Item and other factors. The amount of each Return Item Fee and Overdraft Fee currently is $35. • We, in our sole discretion, conclude that you are managing your checking account in a manner which may cause us undue credit risk. • You do not bring your checking account to a positive balance at least once every 30 days. • You are more than 30 days past due on any Bank loan or delinquent on any other obligation to the Bank. • Your account is linked to an Overdraft Line of Credit, or you have enrolled in our service for automatic transfers from your savings account to your checking account to pay overdrafts. • You are subject to any legal or administrative orders, legal process or other dispute, or are currently a party in a bankruptcy proceeding. • You have an outstanding balance on an Overdraft Privilege Repayment Plan. • You are a minor and are the primary accountholder. • A Chex Systems or any other negative account management indicator is present. • Your checking account has not yet generated two statements, or you were overdrawn for more than 5 consecutive days during the first 30 days your checking account was open. • Your checking account is a fiduciary, trust or escrow account. • Your checking account is classified as dormant. • Your checking account has had its Overdraft Privilege suspended (see below). This Overdraft Privilege service also applies to ATM transactions and one-time debit card transactions, but only if you give your consent (opt-in) by completing and submitting our Overdraft Consent Form. “One-time debit card transactions” include all one-time debit card transactions whether those transactions are conducted at point-of sale, in an online transaction, or by telephone. A one-time debit card transaction does not include a transaction using your debit card that is made under an authorization you have made in advance for recurring (repeat) transactions. Payment Order of Items - All deposits and credits to your account for the business day will be posted to your account in timestamp order before any checks or other Debits. When we use the word Debit in this Overdraft Privilege Disclosure we mean any check written on your account, any ATM transaction, any debit card transaction, any automated clearinghouse charge to your account, any bill payment from your account, any wire transfer from your account, and any other transaction intended to withdraw or send funds from your account. We post Debits to your account in different orders depending on the type of Debit. First, all of the following are posted to your account throughout the day at the time of the transaction: cash withdrawals at one of our branches, wire transfers, and purchases of official checks. All other Debits will be posted in the following order: (1) Telephone or Internet Banking transfers in timestamp order, (2) ATM and one-time debit card transactions in timestamp order, (3) Automated Clearinghouse debit transactions and Internet Banking Bill Pay transactions in timestamp order, and (5) checks in serial number order. Checks with no serial number will post before any other checks. For other Debits with no timestamp, transactions will post in order of transaction amount from low to high transaction amount. We use your Available Balance to determine whether a transaction will overdraw your account (bringing your account to a negative balance) or if the transaction is being presented to us when your checking account is already overdrawn. We also use your Available Balance to decide whether we will pay or return a Debit that causes your account to have a negative Available Balance or a Debit that is presented to us when your account already has a negative Available Balance. Your Ledger Balance or Current Balance, defined below, is not the same as your Available Balance and it is important to understand the differences between these two balances. Your Ledger Balance includes the full amount of any deposits made to your account without regard to any portion of a deposit that may be on “hold.” (See our Funds Availability Policy Disclosure for how and when holds may be placed on deposits.) Your Ledger Balance is also referred to as your Current Balance in some account summaries that are available to you. These balances also reflect payment transactions that have “posted” to your account. However, your Ledger Balance/Current Balance does not include payment transactions (i.e., Debits, as defined above) that have been authorized but still are pending, which means that your Ledger Balance/Current Balance may appear higher than it will be after any pending transactions are posted. The Ledger Balance/Current Balance does not reflect any holds on deposits, holds on funds authorized for purchases, and payments, fees, outstanding checks and other Debits and charges made on your account that have not yet posted, which means that your Ledger Balance/Current Balance is not reduced by these transactions. Your Available Balance is the amount of funds available for withdrawal or use at that moment. The Available Balance takes into account holds placed on deposits and pending transactions (such as pending debit card purchases) that we have authorized but have not yet posted to your account. That means that your Available Balance is reduced by these amounts. It also means that your Available Balance will often be lower than your Ledger Balance/Current Balance. On the other hand, your Available Balance is not reduced for scheduled bill payments or checks that you have written that have not yet been processed for payment. It is important to keep track of your transactions so that you know your Available Balance in case any of those transactions have not yet posted to your account. When you check your balance at an ATM, that will be your “Available Balance” regardless of the name provided by the ATM operator. Date: Overdraft Privilege Department 000 Xxxxxxx Xxxxxx Raynham, Massachusetts 02767 To Whom It May Concern: I hereby notify Bluestone Bank (Bank) that I have elected to opt-out of the Bank’s Overdraft Privilege Service (the Service). To fulfill my election, I am providing the Bank with the following information: TELEPHONE NUMBER: _( ) By opting out of the Service, I understand that the Bank will return or pay overdraft checks written on, or other debits from, my Bank checking account in the manner described more fully in the Bank’s Deposit Account Agreement, a copy of which I received when I opened my Bank checking account. I also understand that I may continue to receive periodic information about the Service. An overdraft occurs when the Available Balance in your account is not enough to cover a transaction, but we pay it anyway. We can cover your overdrafts in two different ways: 1. We have standard overdraft practices that come with your account. 2. We also offer overdraft protection plans, such as a link to a savings account or overdraft line of credit, which may be less expensive than our standard overdraft practices. To learn more, ask us about these plans.

Appears in 1 contract

Samples: Deposit Account Agreement

LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING. Tell us AT ONCE if you think your Card and your code, or both, has been lost or stolen or used without your permission. Telephoning is the best way if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen card or code and your card or code is used without your permission. If you think your Card, your code, or both have been lost or stolen, or that someone has transferred or may transfer money from your account without permission call: 1. You can use your card and your own password on Cirrus® or NYCE® or other banking machines or devices approved by us. You can use your card to obtain the services described in this agreement and the Electronic Banking Disclosure Statement relating to your account or accounts which we have furnished to you. Some of these services may not be available at all locations. 2. All deposits, and other transactions with your card are subject to later proof and verification. All items are received for collection. All credits are provisional and are subject to final payment. The acknowledgment form provided is not a binding receipt. 3. Your card and any replacement card remain our property. The card is not transferable. You will return it to us upon request. 4. Your password should be memorized and kept secret. In no event should it be written on, or carried with, your card. If you believe that your password is no longer secret because it has been disclosed, you will notify us immediately. 5. You will promptly review all materials we send you, including account statements and notices. You will notify us immediately if you find any discrepancies between materials and your records, particularly, if you discover that an unauthorized use of your card, or your account or accounts may have occurred. 6. Any notices you give us should first be given orally in person or by telephone and should be confirmed in writing immediately. 7. After you have given notice of a lost or stolen card, a disclosed password, or an unauthorized use to us by calling the phone number or writing to the address listed in the Electronic Banking Disclosure Statement relating to your account or accounts, you will not be liable for subsequent unauthorized card transactions IF YOU FAIL TO GIVE US NOTICE, YOU WILL BE LIABLE FOR LOSSES UP TO A MAXIMUM OF $50.00. 8. The use of the card will be governed by our rules and regulations and the additional terms in the Electronic Banking Disclosure Statement relating to your account or accounts as in effect from time to time. 9. We may amend this agreement at any time by mailing you a written notice of the substance of the amendment at your listed address at least 30 days before it is to go into effect. The amendment will be effective for transactions after its effective date unless you notify us in writing before that date that you will not use your card further and return your card to us. Otherwise, you will agree to the amendment. 10. Either of us may terminate this agreement at any time by giving written notice to the other, but the termination will not affect previous transactions. Termination of this agreement does not terminate your account or accounts with us. Closing the account or accounts to which the card relates terminates this agreement simultaneously. 11. Questions about the terms of this agreement will be decided by Massachusetts law, except to the extent that any applicable Federal law controls. If there is a conflict between any terms of this agreement and Massachusetts or controlling Federal laws or regulations, that term shall be deemed to be modified to make it comply. We believe it is important for you to use your checking account responsibly and to never intentionally overdraw your checking account. However, we realize that mistakes happen from time to time and we have several options available for you. As a benefit to our customers, we offer these useful services to cover you in the event that you inadvertently overdraw your checking account.

Appears in 1 contract

Samples: Electronic Funds Transfer Disclosure and Card Holder Agreement

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LIABILITY FOR UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING. Tell us AT ONCE if you think your Card and your code, or both, has been lost or stolen or used without your permission. Telephoning is the best way if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen card or code and your card or code is used without your permission. If you think your Card, your code, or both have been lost or stolen, or that someone has transferred or may transfer money from your account without permission call: 1. You can use your card and your own password on Cirrus® or NYCE® or other banking machines or devices approved by us. You can use your card to obtain the services described in this agreement and the Electronic Banking Disclosure Statement relating to your account or accounts which we have furnished to you. Some of these services may not be available at all locations. 2. All deposits, and other transactions with your card are subject to later proof and verification. All items are received for collection. All credits are provisional and are subject to final payment. The acknowledgment form provided is not a binding receipt. 3. Your card and any replacement card remain our property. The card is not transferable. You will return it to us upon request. 4. Your password should be memorized and kept secret. In no event should it be written on, or carried with, your card. If you believe that your password is no longer secret because it has been disclosed, you will notify us immediately. 5. You will promptly review all materials we send you, including account statements and notices. You will notify us immediately if you find any discrepancies between materials and your records, particularly, if you discover that an unauthorized use of your card, or your account or accounts may have occurred. 6. Any notices you give us should first be given orally in person or by telephone and should be confirmed in writing immediately. 7. After you have given notice of a lost or stolen card, a disclosed password, or an unauthorized use to us by calling the phone number or writing to the address listed in the Electronic Banking Disclosure Statement relating to your account or accounts, you will not be liable for subsequent unauthorized card transactions IF YOU FAIL TO GIVE US NOTICE, YOU WILL BE LIABLE FOR LOSSES UP TO A MAXIMUM OF $50.00. 8. The use of the card will be governed by our rules and regulations and the additional terms in the Electronic Banking Disclosure Statement relating to your account or accounts as in effect from time to time. 9. We may amend this agreement at any time by mailing you a written notice of the substance of the amendment at your listed address at least 30 days before it is to go into effect. The amendment will be effective for transactions after its effective date unless you notify us in writing before that date that you will not use your card further and return your card to us. Otherwise, you will agree to the amendment. 10. Either of us may terminate this agreement at any time by giving written notice to the other, but the termination will not affect previous transactions. Termination of this agreement does not terminate your account or accounts with us. Closing the account or accounts to which the card relates terminates this agreement simultaneously. 11. Questions about the terms of this agreement will be decided by Massachusetts law, except to the extent that any applicable Federal law controls. If there is a conflict between any terms of this agreement and Massachusetts or controlling Federal laws or regulations, that term shall be deemed to be modified to make it comply. 12. MasterCard requires all debit card issuers to participate in the Automatic Xxxxxx Updater Program, which allows for automatic update of a cardholder’s expiration date or card number (if a new card number is issued) to merchants who have the cardholder’s information on file for direct/recurring billing. You have the right to opt out of this service and can do so by contacting us at800.356.8622 or 508.884.3300. If you do not opt out of this service, you will be automatically enrolled.

Appears in 1 contract

Samples: Electronic Funds Transfer Disclosure and Card Holder Agreement

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