Common use of Overdraft Privilege Clause in Contracts

Overdraft Privilege. We are not obligated to pay any item presented for payment if the available balance in your account is insufficient to pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your account. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your account, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balance. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible account type” has been open for at least 30 days and thereafter you maintain your account in good standing, which includes at least: ▪ Continuing to make deposits consistent with your past practices; ▪ You are not in default on any loan obligation to us; ▪ You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. You have no legal right to defer payment of your outstanding overdrafts including our fees; and ▪ Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient funds. We will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactions. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, an additional overdraft fee will be charged for that transaction because the available balance at the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficient. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. Non-sufficient funds items paid or returned that you have will be listed on your monthly statement; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege to you from time to time and withdraw or withhold the service at any time without prior notice, reason or cause. For example and not by way of limitation, we may elect not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out of Overdraft Privilege by calling us at (000) 000-0000 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.

Appears in 2 contracts

Samples: Service Agreement, Service Agreement

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Overdraft Privilege. We are not obligated to pay any item presented for payment if the available balance in your account is insufficient to pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your account. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your account, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balance. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are contain sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your accountcollected funds. Rather than automatically returning, unpaid, any non-sufficient funds items presented for payment when your available balance is insufficient to pay the itemyou may have, if your eligible account type” has been open for at least 30 days and thereafter you maintain your account in good standing, which includes at least: ▪ : a) Continuing to make deposits consistent with your past practices; ▪ ; b) You are not in default on any loan obligation to us; ▪ ; c) You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. You have no legal right to defer payment of your outstanding overdrafts including our fees; and ▪ and d) Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your reasonable overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient funds. We will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactions. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, an additional overdraft fee will be charged for that transaction because the available balance at the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficient. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. NonYou will be notified by mail of any non-sufficient funds items paid or returned that you have will be listed on your monthly statementhave; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We we may provide Overdraft Privilege to you from time to time and withdraw which may be withdrawn or withhold the service withheld by us at any time without prior notice, reason or cause. For example Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point- of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and not by way of limitation, we $30.00 for items returned. An overdrawn balance must be repaid within 30 days. We may elect not pay items under your Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out of Overdraft Privilege by calling us at (000) 000-0000 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.

Appears in 2 contracts

Samples: Account Agreement & Disclosure, Account Agreement & Disclosure

Overdraft Privilege. We are not obligated to may pay any item presented for payment if the available balance in your account is insufficient to pay the item. Your available balance means the totalchecks or drafts, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited permit withdrawals and make transfers to your account plus checks that from insufficient funds if you have been deposited enrolled in our overdraft protection plan. The term “pay” in this Agreement means to transfer funds from your account to any other account, including another account in your name, or the account and for which funds of any third party. However, the fact that we may pay withdrawal requests that overdraw your available account balance does not obligate us to do so later. So, you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have been made paid overdrafts on your account in the past. We can change our practice of paying overdrafts on your account without notice to you. You can ask us if we have other account services that might be available to you pursuant where we commit to our Funds Availability Policypaying overdrafts under certain circumstances, less any such as an overdraft protection line of credit or a plan to sweep funds from another account you have with us. You agree that we may charge fees for overdrafts. For consumer accounts, we will not charge fees for overdrafts caused by ATM withdrawals from or one-time Debit Card transactions if you have not opted-in to that service. We may use subsequent deposits, including direct deposits of social security or other items that have cleared government benefits, to cover such overdrafts and been deducted from your accountoverdraft fees. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your The actual balance is the amount of money that is actually in your account at any given time. Your actual balance It reflects transactions that have posted been finally settled and paid to your accountaccount (in the case of deposits you receive), or from your account (in the case of payments), but it does not include transactions that have been authorized and are pending. While it may seem that the actual Your available balance is the most up-to-date display amount of the funds money in your account that is available to you can spend from your account, this is not always the caseto use. Your The available balance may take into account may holds placed on deposits and pending transactions (such as pending Debit Card purchases) that have purchases, holds, fees, other charges, or deposits been authorized but that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balance. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we The account must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible account type” has been open for at least 30 days and thereafter you maintain your account be maintained in good standingstanding as defined by: 1) Making regular deposits sufficient to cover transactions, which includes at least: ▪ Continuing to make deposits consistent with your past practices; ▪ You are not in default on any loan obligation to us; ▪ You bring your 2) Bringing the account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every thirty days or less, and 3) There are no legal orders placed on your account. Your account may be subject to a fee for each overdraft regardless of whether we pay or return the overdraft. In addition, there may be additional fees (courts costs, collection fees, etc.) if your account is not brought positive in 30 days. You have may discontinue the overdraft protection plan at any time. If you no legal right to defer payment of your outstanding overdrafts including our fees; and ▪ Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient funds. We will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card longer want us to pay billsyour overdrafts, you must notify us in order to opt-out of this plan. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time debit card transactions such as those conducted at grocery storesOn Day 1, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactions. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume both your actual and available balances are both account balance is $100 and you swipe 100. You use your debit card Debit Card at a merchant restaurant to pay for a $4050 meal. A hold is placed on the account at the time that you swipe, so the Your available balance is now only drops to $60. However50, because we have not yet received the merchant charge for processing and settlement, but your actual balance is still $100. Before 100 because the merchant charge transaction is received by yet to be paid – which means because the transaction is yet to be presented to us for processing and settlementpayment, a check that was previously written for $75 clears the money promised to the restaurant is still in your account. On Day 2, you go to the ATM and withdraw $80 in cash. Because there was only you have withdrawn cash, the $60 available 80 is immediately paid out of your account (even though you had already committed promised to use some of the money you just withdrew from the ATM to pay for the merchant $40restaurant bill the day before), the account will be overdrawn by making your available balance negative $1530, even though the but your actual balance $20 (remember your actual balance is the amount of money that is actually in your account, not what has been promised to others but not yet paid. You actually had $100 at in your account because the time restaurant is yet to present their bill for payment, so when you withdraw $80 from the check is presented. In this caseATM, TruStone may pay the you are left with an actual balance of $75 check20, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, an additional overdraft fee will be charged for that transaction because the available balance at the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the tracks all transactions, your available balance at is negative $30). On Day 3, the time of authorization was sufficient. We may refuse to pay an overdraft restaurant presents its request for you at any timepayment for the $50 meal, even though your account is in good standing and even though we may have previously paid overdrafts for you. Non-sufficient funds items paid or returned that you have will be listed on your monthly statement; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege to you it from time to time and withdraw or withhold the service at any time without prior notice, reason or cause. For example and not by way of limitation, we may elect not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out of Overdraft Privilege by calling us at (000) 000-0000 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It While this transaction was authorized when the account had a positive available balance, by the time it is important presented to understand how each us for payment, and actually paid (meaning the money is applied to removed from your account so that you know how much money you have and how much is sent to the merchant), your available balance isn’t enough to you at any given time. This section explains generally how cover the transaction, and when we post transactions to settle and pay the bill for the restaurant forcing your accountaccount into a negative actual balance.

Appears in 1 contract

Samples: Membership Agreement

Overdraft Privilege. We are not obligated to pay any item presented for payment if the available balance in your account is insufficient to authorize or pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your accountaccount and less holds for certain pending transactions. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your account, regardless of holds, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account account, but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balancebalance but will not be available to use. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time onetime debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible account type” has been open for at least 30 days and thereafter you maintain your account in good standing, which includes at least: Continuing to make deposits consistent with your past practices; You are not in default on any loan obligation to us; You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. You have no legal right to defer payment of your outstanding overdrafts including our fees; and Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited to a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/funds/ overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient fundsfunds with the exception of certain debit-card transactions where merchants require an authorization before submitting the transaction for payment. We will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. We To determine whether a debit-card transaction is recurring or a “onetime” debit card transaction, we trust how the merchant has coded it and will not perform an independent assessment or review. Unless you request us to do so, we do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do sotransactions: ATM transactions and one-time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners cleaners, or other similar transactions. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. If you would like us to authorize and pay one-time debit card and ATM transactions that may overdraw your account, please visit a branch or fill out the Overdraft Privilege Consent Form which you obtained at account opening and which can also be found at xxx.XxxXxxxx.xxx and mail it to TruStone Financial Credit Union, Attn: Operations Department, 00000 00xx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, XX 00000. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, we will not assess an additional overdraft fee will be charged for that transaction because the your available balance at was sufficient when we authorized the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficienttransaction. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. NonYou will be notified by mail of any non-sufficient funds funds’ items paid or returned that you have will be listed on your monthly statementhave; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * *Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege to you from time to time and withdraw or withhold the service at any time without prior notice, reason reason, or cause. For example example, and not by way of limitation, we may elect to not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 30-day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out of Overdraft Privilege by calling us at (000) 000 000-0000 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.

Appears in 1 contract

Samples: Business Service Agreement

Overdraft Privilege. We are not obligated to pay any item presented for payment if the available balance in your account is insufficient to authorize or pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your accountaccount and less holds for certain pending transactions. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your accountaccount regardless of holds, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balancebalance but will not be available to use. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time onetime debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible your“eligible account type” has type”has been open for at least 30 days and thereafter you maintain your account in good standing, which includes at least: - Continuing to make deposits consistent with your past practices; - You are not in default on any loan obligation to us; - You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. ; - You have no legal right to defer payment of your outstanding overdrafts including our fees; and - Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited to a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/funds/ overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient fundsfunds with the exception of certain debit-card transactions where merchants require an authorization before submitting the transaction for payment. We For those transactions (some of which require you to opt in), an overdraft fee will be assessed only if your available balance is insufficient at the time the transaction is authorized and at the time it is paid or posted (which could be days later). Except for debit-card or ATM transactions, we will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. To determine whether a debit-card transaction is recurring or a “one- time” debit card transaction, we trust how the merchant has coded it and will not perform an independent assessment or review. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactionscard. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. If you would like us to authorize and pay one-time debit card and ATM transactions that may overdraw your account, please visit a branch or fill out the Overdraft Privilege Consent Form which you obtained at account opening and which can also be found at xxx.XxxXxxxx.xxx and mail it to TruStone Financial Credit Union, Attn: Operations Department, 00000 00xx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, XX 00000. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, we will not assess an additional overdraft fee will be charged for that transaction because the your available balance at was sufficient when we authorized the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficienttransaction. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. Non-Non- sufficient funds items paid or returned that you have will be listed on your monthly statement; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege to you from time to time and withdraw or withhold the service at any time without prior notice, reason or cause. For example and not by way of limitation, we may elect not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out of Overdraft Privilege by calling us at (000) 000-0000 000.000.0000 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.

Appears in 1 contract

Samples: Service Agreement

Overdraft Privilege. We are not obligated to pay any item presented for payment if the available balance in your account is insufficient to pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your account. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your account, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balance. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible account type” has been open for at least 30 days and thereafter you maintain your account in good standing, which includes at least: Continuing to make deposits consistent with your past practices; You are not in default on any loan obligation to us; You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. You have no legal right to defer payment of your outstanding overdrafts including our fees; and Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient funds. We will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactions. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, an additional overdraft fee will be charged for that transaction because the available balance at the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficient. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. NonYou will be notified by mail of any non-sufficient funds items paid or returned that you have will be listed on your monthly statementhave; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege to you from time to time and withdraw or withhold the service at any time without prior notice, reason or cause. For example and not by way of limitation, we may elect not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out of Overdraft Privilege by calling us at (000) 000-0000 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.

Appears in 1 contract

Samples: Service Agreement

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Overdraft Privilege. We are not obligated to pay any item presented If your Account remains in good standing your Account will be eligible for payment if the available balance in Overdraft Privilege, an automated service for approving your account is insufficient to pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your account. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your account, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balance. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time debit card transaction for payment within 3 business days of authorization (or for Overdrafts up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transactiona pre-determined limit. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible account type” has been open for at least 30 days and thereafter you maintain Keeping your account in good standing” includes, which includes at leastminimum: ▪ Continuing to make (i) making regular deposits consistent with your past practices; ▪ You are not in default on any loan obligation (ii) depositing an amount equal to us; ▪ You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. You have no legal right to defer payment of your outstanding overdrafts including our fees; and ▪ Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient funds. We will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactions. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, an additional overdraft fee will be charged for that transaction because the available balance at the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficient. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. Non-sufficient funds items paid or returned that you have will be listed on your monthly statement; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — discretionary Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege extended to you from time to time or more in your Account within each thirty (30) day period and withdraw or withhold the service at any time without prior notice, reason or cause. For example and not by way of limitation, we may elect not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance and maintaining that balance in a positive position for 24 hours within every 30 thirty-five (35) day period for a minimum of 24 hours, if you period; (iii) not being in default on any loan or other obligation to TruStone Financial or if your account is us; and (iv) not being subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, order or other electronic item that is paid and $30.00 for items returnedlegal process. An overdrawn balance must At the time you open your Account, you will be repaid within 30 daysasked if you would like to elect to participate in our Overdraft Privilege Program (unless you open your account online, in which case you will not be given this option (all online accounts are covered with Basic Overdraft Coverage)). If you choose to participate in Overdraft Privilege, but then wish to un-elect participation in the program, please contact your local banking center. You may also choose whether to opt-out in to receiving Extended Overdraft coverage for ATM or one-time Debit Card transactions (also known as “everyday debit transactions”). If you do not opt in but we nonetheless authorize such transactions and this results in an Overdraft, we will not charge an Overdraft fee. You will still be responsible for any applicable returned Item fees. If you opt in, we will still retain sole discretion in deciding whether to authorize such transactions if it appears this will result in an Overdraft to your Account There are three levels of Overdraft Privilege by calling us at coverage that you may choose from: 1) You may elect not to participate in our Overdraft Privilege. If you do so, in the event you do not have sufficient funds in your Account, all items will be returned non-sufficient funds (000NSF) 000-0000 or by coming into any (including but not limited to checks, ACH transactions, Internet, mobile, other banking and bill payment transfers), and ATM and every day debit card transactions will not be authorized. 2) You will automatically receive Basic Overdraft Coverage (unless you choose to opt out). We will consider approving your reasonable Overdrafts, limited to a maximum “Overdraft privilege limit” Overdraft (negative) balance, depending upon your Account type (See Truth in Savings disclosure). A complete listing of our branchescurrent Overdraft privilege amounts for each Account type may be obtained upon request from us. The best way Basic Overdraft Coverage will apply to know how much money you have checks, ACH Debit transactions and avoid paying overdraft fees is recurring debit card transactions. 3) In order to record include ATM and track all of your transactions closely. There are basically two types of everyday Debit Card transactions in your account: credits or deposits of money into your account, and debits or payments out of your account“Extended Overdraft Coverage” you MUST opt-in for this coverage. It is important Extended Overdraft Coverage will pay all transactions up to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your accountthe Overdraft privilege limit (See Truth in Savings disclosure for applicable limit).

Appears in 1 contract

Samples: Deposit Account Agreement

Overdraft Privilege. We are not obligated to pay any item presented for payment if the available balance in your account is insufficient to pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your account. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your account, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date up‐to‐date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balance. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- one‐ time debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible account type” has been open for at least 30 days and thereafter you maintain your account in good standing, which includes at least: Continuing to make deposits consistent with your past practices; You are not in default on any loan obligation to us; You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. You have no legal right to defer payment of your outstanding overdrafts including our fees; and Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient non‐sufficient funds/overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient non‐sufficient funds. We will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time one‐time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactions. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time one‐time purchases. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time one‐time debit card transactions, an additional overdraft fee will be charged for that transaction because the available balance at the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficient. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. Non-sufficient You will be notified by mail of any non‐sufficient funds items paid or returned that you have will be listed on your monthly statementhave; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege to you from time to time and withdraw or withhold the service at any time without prior notice, reason or cause. For example and not by way of limitation, we may elect not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-salePoint‐of‐sale, in-person in‐person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out opt‐out of Overdraft Privilege by calling us at (000800) 000-0000 862‐1998 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.

Appears in 1 contract

Samples: Service Agreement

Overdraft Privilege. We are not obligated to pay any item presented for payment if the available balance in your account is insufficient to authorize or pay the item. Your available balance means the total, at the time an item is presented for payment (also referred to as the time an item “posts” to your account), of cash deposited to your account plus checks that have been deposited in your account and for which funds have been made available to you pursuant to our Funds Availability Policy, less any withdrawals from or other items that have cleared and been deducted from your accountaccount and less holds for certain pending transactions. Your available balance takes into account holds that have been placed on deposits and pending transactions (such as pending debit card transactions) that we have authorized but that have not yet posted to your account. Your available balance may be different from your actual balance. Your actual balance is the amount of money that is actually in your account at any given time. Your actual balance reflects transactions that have posted to your accountaccount regardless of holds, but it does not include transactions that have been authorized and are pending. While it may seem that the actual balance is the most up-to-date display of the funds that you can spend from your account, this is not always the case. Your account may have purchases, holds, fees, other charges, or deposits that have not yet posted, and, therefore, will not appear in your actual balance. Also, funds from checks which have been deposited into your account but which have not been made available to you pursuant to our Funds Availability Policy will appear in your actual balancebalance but will not be available to use. It is very important to understand that you may still overdraw your account even though the available balance appears to show there are sufficient funds to cover a transaction that you want to make. This is because your available balance may not reflect all the outstanding checks and automatic bill payments that you have authorized, or other outstanding transactions that have not been paid from your account. In addition, your available balance may not reflect all of your debit card transactions. For example, if a merchant obtains our prior authorization but does not submit a one- time onetime debit card transaction for payment within 3 business days of authorization (or for up to 30 business days for certain types of debit card transactions), we must release the authorization hold on the transaction. The available balance will not reflect this transaction once the hold has been released until the transaction has been received by us and paid from your account. Rather than automatically returning, unpaid, items presented for payment when your available balance is insufficient to pay the item, if your “eligible your“eligible account type” has type”has been open for at least 30 days and thereafter you maintain your account in good standing, which includes at least: - Continuing to make deposits consistent with your past practices; - You are not in default on any loan obligation to us; - You bring your account to a positive balance (not overdrawn) immediately or as soon as possible and at least once every 30 days. ; - You have no legal right to defer payment of your outstanding overdrafts including our fees; and - Your account is not the subject of any legal or administrative order or levy, such as bankruptcy or a tax lien. We will consider, without obligation on our part, approving your overdrafts up to your assigned Overdraft Privilege limit. This discretionary* service will generally be limited to a set overdraft (negative) balance for all personal and business checking accounts. This privilege does not apply to minor or Trust accounts. Our normal fees and charges including, without limitation, our non-sufficient funds/funds/ overdraft fees will be included in these limits and will be charged for each transaction presented for payment against non-sufficient fundsfunds with the exception of certain debit-card transactions where merchants require an authorization before submitting the transaction for payment. We For those transactions (some of which require you to opt in), an overdraft fee will be assessed only if your available balance is insufficient at the time the transaction is authorized and at the time it is paid or posted (which could be days later). Except for debit-card or ATM transactions, we will charge our normal fee whether we approve the item for payment or not. You agree to reimburse TruStone for funds advanced if we pay a check or other authorized transaction from your account(s), including any fee applicable for such an overdrawn account. We do authorize and pay overdrafts for the following types of transactions: Checks and other transactions made using your checking account number and automatic bill payments, including recurring payments that you may have set up using your debit card to pay bills. To determine whether a debit-card transaction is recurring or a “one- time” debit card transaction, we trust how the merchant has coded it and will not perform an independent assessment or review. We do not authorize and pay overdrafts for the following types of transactions unless you authorize us to do so: ATM transactions and one-time debit card transactions such as those conducted at grocery stores, doctor’s offices, pharmacies, gas stations, restaurants, dry cleaners or other similar transactionscard. Recurring payments that you may have set up using your debit card to pay bills such as your mortgage, rent, or utilities are not considered one-time purchases. If you would like us to authorize and pay one-time debit card and ATM transactions that may overdraw your account, please visit a branch or fill out the Overdraft Privilege Consent Form which you obtained at account opening and which can also be found at xxx.XxxXxxxx.xxx and mail it to TruStone Financial Credit Union, Attn: Operations Department, 00000 00xx Xxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, XX 00000. An example may further explain how actual and available balances can be different and how you may incur an overdraft fee. Assume your actual and available balances are both $100 and you swipe your debit card at a merchant for $40. A hold is placed on the account at the time that you swipe, so the available balance is now only $60. However, because we have not yet received the merchant charge for processing and settlement, your actual balance is still $100. Before the merchant charge is received by us for processing and settlement, a check that was previously written for $75 clears your account. Because there was only $60 available (you already committed to pay the merchant $40), the account will be overdrawn by $15, even though the actual balance is $100 at the time the check is presented. In this case, TruStone XxxXxxxx may pay the $75 check, but you will be charged an overdraft fee. That fee will be deducted from the account on the day that we pay the check, further reducing the available and actual balances. When the $40 merchant charge is then presented for payment and assuming you have authorized us to pay overdrafts for one-time debit card transactions, we will not assess an additional overdraft fee will be charged for that transaction because the your available balance at was sufficient when we authorized the time the merchant transaction is presented for settlement is insufficient (it was brought negative by the intervening $75 check and related overdraft fee) even though the available balance at the time of authorization was sufficienttransaction. We may refuse to pay an overdraft for you at any time, even though your account is in good standing and even though we may have previously paid overdrafts for you. Non-Non- sufficient funds items paid or returned that you have will be listed on your monthly statement; however, we have no obligation to notify you before we pay or return any item. The amount of any overdrafts including fees you owe us shall be due and payable immediately. If there is an overdraft paid by us on an account with more than one owner, each owner, and agent if applicable, drawing / presenting the item creating the overdraft, shall be jointly and severally liable for such overdrafts including our fees. * Always a DISCRETIONARY SERVICE — Overdraft Privilege is a purely discretionary courtesy or privilege and not a right or obligation. We may provide Overdraft Privilege to you from time to time and withdraw or withhold the service at any time without prior notice, reason or cause. For example and not by way of limitation, we may elect not pay items under Overdraft Privilege if you do not maintain your account in good standing by bringing your account to a positive balance within every 30 day period for a minimum of 24 hours, if you default on any loan or other obligation to TruStone Financial or if your account is subject to any legal or administrative levy. Accounts may be charged the standard Overdraft fee of $30.00 for handling each overdraft created by check, ACH, Point-of-sale, in-person withdrawal, ATM withdrawal, or other electronic item that is paid and $30.00 for items returned. An overdrawn balance must be repaid within 30 days. You may opt-out of Overdraft Privilege by calling us at (000) 000-0000 000.000.0000 or by coming into any of our branches. The best way to know how much money you have and avoid paying overdraft fees is to record and track all of your transactions closely. There are basically two types of transactions in your account: credits or deposits of money into your account, and debits or payments out of your account. It is important to understand how each is applied to your account so that you know how much money you have and how much is available to you at any given time. This section explains generally how and when we post transactions to your account.

Appears in 1 contract

Samples: Service Agreement

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