Our Liability for Failing to Make Transfers. If we do not complete an electronic fund 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, including but not limited to the following: • Through no fault of ours, you do not have enough available funds in your account to make the transfer; • Circumstances beyond our control such as fire, flood, and water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, natural disaster or a rolling blackout preventing or delaying the transfer despite reasonable precautions taken by us; • The system was not working properly and you knew about the problem when you started the transaction; • The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We have reason to believe the transaction may not be authorized by you. There may be other exceptions stated in our agreement with you. Business days are Monday through Friday, excluding Saturdays, Sundays, and federal holidays, even if we are open. Tell us AT ONCE if you believe your user name or password has been compromised or stolen, or if you believe that an electronic fund transfer has been made without your permission using your username or password. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days after you learn of the theft of your username or password, you can lose no more than $50 if someone used your username or password without your permission. If you do NOT tell us within two (2) business days after you learn of the theft of your username or password, and we can prove we could have stopped someone from using your account without your permission if you had told us, you could lose as much as $500. 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 made available 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. Unauthorized use does not include use by a person to whom you have given your username, password (or other access device) and you will be liable for all use by such person. If you have told us in advance to make regular payments out of your account, you can stop any of these payments by writing to us at CIT Bank, P.O Box 7056, Pasadena, CA 00000-0000 or by calling us at 855-462- 2652. We must receive your request at least three (3) business days before the payment is scheduled to be made. Please note that if you fail to give us your request at least three (3) business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing. If you call, we may require you to put your request to us in writing and to provide us with a copy of your notice to the payee, revoking the payee’s authority to originate debits to your account, within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. If you order us to stop one of these payments at least three (3) business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages, proximately caused by our failure to stop payment. If you believe your username or password has been compromised or stolen or that someone has transferred or may transfer money from your account without your permission, call us at the number or write us at the address described in the preceding section. Call us at the number or write us at the address described above as soon as you can if you think your statement or receipt is wrong or if you need more information about an electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Appears in 2 contracts
Samples: Cit Bank Agreement for Personal Accounts, Bank Agreement
Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer a transaction to or from your account the Card on time or in the correct amount according to our agreement with youthis Agreement, we will may be liable for your losses or damagesdamages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). However, there are some exceptions. We will not be liable, including but not limited to the followingfor instance: • Through (i) if, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because they have not been finally collected or are subject to legal process); (ii) if the ATM where you do are making the transfer does not have enough available funds in your account to make the transfercash; • Circumstances beyond our control such as fire(iii) if a computer system, floodATM, and water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, natural disaster or a rolling blackout preventing or delaying the transfer despite reasonable precautions taken by us; • The system POS terminal was not working properly and you knew about the problem when you started the transaction; • The funds in (iv) if a merchant refuses to honor the Card; (v) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account are subject to legal processCard privileges, an uncollected funds hold or are otherwise not available for withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We if we have reason to believe the transaction may is not be authorized by you; or (viii) as otherwise provided in this Agreement. There may be other exceptions stated in our agreement with you. Business days are Monday through Friday, excluding Saturdays, Sundays, and federal holidays, even if we are open. Tell us AT ONCE if you believe your user name or password has been compromised or stolen, or if you believe that an electronic fund transfer has been made without your permission using your username or password. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days after you learn of the theft of your username or password, you can lose no more than $50 if someone used your username or password without your permission. If you do NOT tell us within two (2) business days after you learn of the theft of your username or password, and we can prove we could have stopped someone from using your account without your permission if you had told us, you could lose as much as $500. 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 made available 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. Unauthorized use does not include use by a person to whom you have given your username, password (or other access device) and you will be liable for all use by such person. If you have told us in advance to make regular payments out of your account, you can stop any of these payments by writing to us at CIT Bank, P.O Box 7056, Pasadena, CA 00000-0000 or by calling us at 855-462- 2652. We must receive your written request at least three (3) business days before the payment is scheduled to be made. Please note that if you fail to give us your request at least three (3) business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing. If you call, we may require you to put your request to us in writing and to provide us with a copy of your notice to the payee, revoking the payee’s authority to originate debits to your account, within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to payments with your account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer and the identity of the payeeCard. Unless you tell us that all future transfers payments to a specific recipient are to be stopped, we may treat your stop stop-payment order as a request concerning the one transfer specific payment only. If you order us to stop one of these payments at least three (3) business days or more before the transfer is scheduled scheduled, and we do not do so, we will be liable for your losses or damages, proximately caused damages to the extent provided in this Agreement or required by our failure to stop paymentlaw. If these regular payments may vary in amount, the person you believe your username are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. Please note that the person you are going to pay may give you the option of receiving notice only when the payment would differ by more than a certain amount from the previous payment or password has been compromised or stolen or when the amount would fall outside certain limits that someone has transferred or may transfer money from your account without your permission, call us at the number or write us at the address described in the preceding section. Call us at the number or write us at the address described above as soon as you can if you think your statement or receipt is wrong or if you need more information about an electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appearedset.
Appears in 1 contract
Samples: Cardholder Agreement
Our Liability for Failing to Make Transfers. If we do not complete an electronic fund 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 There are some exceptions. We will not be liable, including but not limited to the followingfor example, if: • Through no fault of ours, you do not have enough available funds in your account to make the transfer; • The transfer would exceed any permitted overdraft line you have with us; Circumstances beyond our control (such as fire, flood, and water damage, power failure, strike, labor dispute, computer breakdown, rolling blackout, telephone line disruption, natural disaster or a rolling blackout preventing natural disaster) prevent or delaying delay the transfer despite reasonable precautions taken by us; • The system funds in your account are subject to legal process, an uncollected funds hold, or are otherwise not available for withdrawal; The system, ATM, or terminal was not working properly and you knew about the problem when you started the transaction; • The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not available for withdrawalYour card is damaged; • The information supplied by you or a third party is incorrect, incomplete, ambiguous ambiguous, or untimely; • We have reason to believe the transaction may not be authorized by youThe fund transfers completed after 3:00 PM (EST) on a business day, or completed any time on Saturday, Sunday, or banking holiday. There may be other exceptions stated in our agreement with you. Business days are Monday through Friday, excluding Saturdays, Sundays, and federal holidays, even if we are open. Tell us AT ONCE if you believe your user name or password card(s) and/or PIN has been compromised lost or stolen, ; someone has transferred or if you believe that may transfer money from your account without your permission; or an electronic fund transfer has been made without your permission using information from your username or passwordcheck. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your accountaccount (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the theft of your username or passworddays, you can lose no more than $50 if someone used your username or password card without your permission. If you do NOT not tell us within two (2) business days after you learn of the loss or theft of your username or passwordcard and/or code, and we can prove we could have stopped someone from using your account card and/or code without your permission if you had told us, you could can lose as much as $500. Unless we determine that you were grossly negligent or fraudulent in the handling of your account or card, you will not be liable for the $50 or $500 amounts described above for transactions conducted with a Visa card. If you are a debit card holder, (I) the $500 liability provision does not apply to debit cards that may be used to initiate electronic funds transfers without a PIN; and (II) if a good reason (such as a long trip, a hospital stay, or the illness of a family member) kept you from telling us about an unauthorized debit card transaction, we will extend the time periods for reporting. 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 made available mailed to you, you . You may not get back any money you lost after the 60 days if we can prove that we you 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 trip, a hospital staystay or the illness of a family member) kept you from telling us, we will extend the time periods. Unauthorized use does not include use by a person to whom you have given your username, password (or other access device) and you will be liable for all use by such personperiod. If you have told us in advance to make regular payments out of your account, you can stop any of these payments by writing payments. [Note: you may not stop Debit card transactions.] Write to us at CIT Bank000 Xxxxxxxxxx Xxx Xxxxxx, P.O Box 7056, Pasadena, CA 00000-0000 XX. 07110 or by calling call us at 855(000) 000-462- 26520000. You may also contact one of our branches near you. We must receive your request at least three (3) business days before the payment is scheduled to be made. Please note that if Note: If you fail to give us your request at least three (3) business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing. If you call, we may require you to put your request to us in writing and to provide us with a copy of your notice to the payee, revoking the payee’s authority to originate debits to your account, within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your account. For individual payments, your Your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer transfer, and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may will treat your stop payment order as a request concerning the one transfer only. You should also notify the designated payee in writing that you are stopping payment, as we generally will not do so. If you order us to stop one of these payments at least three (3) business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages, proximately caused by our failure to . We may impose a fee on a stop paymentpayment order. If you believe your username or password Personal Identification Number has been compromised lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at the number or number, write us at the address described in the preceding section. When you give someone your card or Personal Identification Number, you are authorizing that person to use your card and you are responsible for all transactions that person performs with your card or PIN. All transactions that person performs, even those you did not intend or want, are authorized transactions. You will be liable for all authorized transactions. Call or write to us at the number or write us at the telephone number/address described above as soon as you can if you think your statement or receipt is wrong or if you need more information about an electronic transaction. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permissions. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Appears in 1 contract
Samples: Membership & Account Agreement
Our Liability for Failing to Make Transfers. If we do not complete an electronic fund 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, including but not limited for example, if: Lost or Stolen Card and/or PIN or Unauthorized Transactions. If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, or that a transfer has been made using information from your check without your permission, call us immediately at 0-000-000-0000 or write to us at 0000 X. Xxxxxxx Xxxxx Xxxx. Suite 300, Gardena, CA 90247. During after-hours (i.e. when the following: • Through no fault of oursBank is closed), you do not have enough available funds in should call our 24 hour toll free number 0-000-000-0000 and select the option 2 to report your account to make the transfer; • Circumstances beyond our control such as fire, flood, and water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, natural disaster card lost or a rolling blackout preventing or delaying the transfer despite reasonable precautions taken by us; • The system was not working properly and you knew about the problem when you started the transaction; • The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not available stolen. Your Liability for withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We have reason to believe the transaction may not be authorized by you. There may be other exceptions stated in our agreement with you. Business days are Monday through Friday, excluding Saturdays, Sundays, and federal holidays, even if we are openUnauthorized Electronic Fund Transfers. Tell us AT ONCE if you believe your user name Card or password PIN has been compromised lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your username or passwordcheck. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your accountaccount (plus your maximum overdraft line of credit). If you tell us within two (2) business days after you learn of the loss or theft of your username Card or passwordPIN, you can lose no more than $50 if someone used your username Card or password PIN without your permission. If you do NOT not tell us within two (2) business days after you learn of the loss or theft of your username Card or passwordPIN, and we can prove that we could have stopped someone from using your account Card or PIN without your permission if you had told us, you could lose as much as $500. If your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after [Note: Under the statement was made available to youVisa Rules, you may will not get back any money be liable for the $50 or $500 amounts described above for transactions conducted with a Visa debit Card, provided you lost after were not grossly negligent or fraudulent in 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 handling of your Card or a hospital stay) kept you from telling usaccount, we will extend the time periods. Unauthorized use does not include use by a person to whom where you have given someone your usernamecard, password (card number or other access device) PIN,and you will be liable for all use by notify us within two days of becoming aware of such person. If you have told us in advance to make regular payments out of your account, you can stop any of these payments by writing to us at CIT Bank, P.O Box 7056, Pasadena, CA 00000-0000 loss or by calling us at 855-462- 2652. We must receive your request at least three (3) business days before the payment is scheduled to be made. Please note that if you fail to give us your request at least three (3) business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing. If you call, we may require you to put your request to us in writing and to provide us with a copy of your notice to the payee, revoking the payee’s authority to originate debits to your account, within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. If you order us to stop one of these payments at least three (3) business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages, proximately caused by our failure to stop payment. If you believe your username or password has been compromised or stolen or that someone has transferred or may transfer money from your account without your permission, call us at the number or write us at the address described in the preceding section. Call us at the number or write us at the address described above as soon as you can if you think your statement or receipt is wrong or if you need more information about an electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appearedtheft.]
Appears in 1 contract
Samples: Deposit Account Agreement
