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Electronic Fund Transfer Agreement and
Disclosure |
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For purposes of this disclosure and agreement the
terms "we", "us" and "our" refer to the Bank named
above. The terms "you" and "your" refer to the
recipient of this disclosure and agreement.
The Electronic Fund Transfer Act and Regulation E
require Banks to provide certain information to
customers regarding electronic fund transfers (EFTs).
This disclosure applies to any EFT service you
receive from us related to an account established
primarily for personal, family or household
purposes. Examples of EFT services include direct
deposits to your account and automatic regular
payments made from your account to a third party.
This disclosure also applies to the use of your ATM
Card or Visa Check Card at our automated teller
machines (ATMs) and any networks described below.
TERMS AND CONDITIONS. The following provisions
govern the use of electronic fund transfer (EFT)
services through accounts held by the Bank which are
established primarily for personal, family or
household purposes. If you use any EFT services
provided, you agree to be bound by the applicable
terms and conditions listed below. Please read this
document carefully and retain it for future
reference.
ELECTRONIC FUND TRANSFER SERVICES PROVIDED
SERVICES PROVIDED THROUGH USE OF ATM CARD OR VISA
CHECK CARD
If you have received an electronic fund transfer
card ("ATM Card" or "Visa Check Card") from us you
may use it for the type(s) of services noted below,
and the following provisions are applicable:
USING YOUR CARD AND PIN. In order to assist us in
maintaining the security of your account and the
terminals, the ATM Card or Visa Check Card remains
our property and may be revoked or canceled at any
time without giving you prior notice. You agree not
to use your ATM Card or Visa Check Card for a
transaction that would cause your account balance to
go below zero, or to access an account that is no
longer available or lacks sufficient funds to
complete the transaction. You agree not to use your
ATM Card or Visa Check Card for a transaction that
would exceed your account balance plus the available
credit on any credit line attached to your account.
We will not be required to complete any such
transaction, but if we do, we may, at our sole
discretion, charge or credit the transaction to
another account, and you do agree to pay us the
amount of the improper withdrawal or transfer upon
request.
Your ATM Card may only be used with your PIN.
Certain transactions involving your Visa Check Card
require use of your PIN. Your PIN is used to
identify you as an authorized user. Because the PIN
is used for identification purposes, you agree to
notify the Bank immediately if your ATM Card or Visa
Check Card is lost or if the secrecy of your PIN is
compromised. You also agree not to reveal your PIN
to any person not authorized by you to use your ATM
Card or Visa Check Card or to write your PIN on your
ATM Card or Visa Check Card or on any other item
kept with your ATM Card or Visa Check Card. We have
the right to refuse a transaction on your account
when your ATM Card or Visa Check Card has been
reported lost or stolen or when we reasonably
believe there is unusual activity on your account.
The security of your account depends upon your
maintaining possession of your ATM Card or Visa
Check Card and the secrecy of your PIN. You may
change your PIN if you feel that the secrecy of your
PIN has been compromised.
ATM SERVICES
ATM CARD SERVICES.
The services available
through use of your ATM Card are described below.
You may withdraw cash from your checking account(s),
savings account(s), money market account(s), and NOW
account(s).
You may transfer funds between your checking and
savings accounts, checking and money market
accounts, checking and NOW accounts, savings and
money market accounts, savings and NOW accounts, and
NOW accounts and money market accounts.
You may make balance inquiries on your checking
account(s), savings account(s), money market
account(s), and NOW account(s).
VISA CHECK CARD SERVICES.
The services
available through use of your Visa Check Card are
described below.
You may withdraw cash from your checking account(s),
savings account(s), money market account(s), and NOW
account(s).
You may transfer funds between your checking and
savings accounts, checking and money market
accounts, checking and NOW accounts, savings and
money market accounts, savings and NOW accounts, and
NOW accounts and money market accounts.
You may make balance inquiries on your checking
account(s), savings account(s), money market
account(s), and NOW account(s).
NETWORK. Your ability to perform the transactions or
access the accounts set forth above depends on the
location and type of ATM you are using and the
network through which the transaction is being
performed. A specific ATM or network may not perform
or permit all of the above transactions. For
example, you may not be able to make deposits or
transfer funds at ATMs located out of state.
Besides being able to use your ATM Card or Visa
Check Card at our ATM terminals, you may access your
accounts through the following networks: CashCard,
Plus, VISA
ATM FEES. When you use an ATM not owned by us, you
may be charged a fee by the ATM operator or any
network used, and you may be charged a fee for a
balance inquiry even if you do not complete a fund
transfer.
POINT OF SALE TRANSACTIONS
You may use your Visa Check Card to purchase goods
and services from merchants that have arranged to
accept your Visa Check Card as a means of payment
(these merchants are referred to as "Participating
Merchants"). Some Participating Merchants may permit
you to receive cash back as part of your purchase.
Purchases made with your Visa Check Card, including
any purchase where you receive cash, are referred to
as "Point of Sale" transactions and will cause your
"designated account" to be debited for the amount of
the purchase. The designated account for Visa Check
Card transactions is your checking account.
In addition, your Visa Check Card may be used at any
merchant displaying the Visa ™ logo for the purchase
of goods and services. Your card may also be used to
obtain cash from your designated account at
participating financial institutions.
Each time you use your Visa Check Card, the amount
of the transaction will be debited from your
designated account. We have the right to return any
check or other item drawn against your account to
ensure there are funds available to pay for the Visa
Check Card transactions. We may, but do not have to,
allow transactions which exceed your available
account balance or available overdraft protection.
If we do, you agree to pay the overdraft. You also
agree to pay overdraft charges in effect from time
to time for each transaction which causes your
available account balance or available overdraft
protection to be exceeded.
SERVICES PROVIDED THROUGH USE OF 24 HOUR
TELEPHONE BANKING
You may perform the following functions through use
of 24 Hour Telephone Banking.
You may initiate transfers of funds between your
checking and savings accounts, checking and money
market accounts, checking and NOW accounts, savings
and money market accounts, savings and NOW accounts,
and NOW accounts and money market accounts.
You may make balance inquiries on your checking
account(s), savings account(s), money market
account(s), NOW account(s), and Loans.
You may make payments on consumer loans, home
mortgage loans, home equity loans, Commercial Loans,
and Advantage Reserve Loans that you have with us.
In addition, you may perform other transactions such
as it gives you tax information on interest earned
or paid on your accounts.
It can tell you if a particular check has cleared
your account.
You may change your PIN via the telephone.
PREAUTHORIZED TRANSFER SERVICES
You may arrange for the preauthorized automatic
deposit of funds to your checking account(s),
savings account(s), money market account(s), and NOW
account(s).
You may arrange for the preauthorized automatic
payment of bills from your checking account(s),
savings account(s), money market account(s), and NOW
account(s).
SERVICES PROVIDED THROUGH USE OF NET TELLER
BANKING
This Bank offers its customers an Internet Banking
(Home Banking) service. This service permits you to
perform the following transactions using your home
computer:
1. Transfer funds between your authorized account
and certain related accounts;
2. Order payment of bills directly from your
authorized account in the amount and on the days you
request;
3. Make balance inquiries, view histories on your
authorized and related accounts, review past or
scheduled payments from your authorized accounts,
and download transaction information;
4. Send e-mail messages to us
LIMITATIONS ON TRANSACTIONS
There is a daily limit for all ATM withdrawal
transactions. For security reasons, specific dollar
limits are disclosed at the time the ATM access card
is issued. Bank reserves the right to change dollar
amount limits at any time upon prior notification.
NET TELLER BANKING LIMITATIONS:
1. You may not make a payment of alimony, child
support, taxes or other court-directed or
governmental payments, fines or penalties or a
payment to settle a securities transaction through
the service.
2. You may not initiate a payment to a Payee that
does not have a U.S. payment address.
3. You may not make a payment other than in U.S.
dollars. We may exclude additional transactions from
the service.
4. There are special withdrawal limitations or
transfers from savings or money market accounts
which are set forth in the Deposit Account
Agreement.
5. You may not use e-mail messaging to make a bill
payment, acct inquiry, stop pay or funds transfer.
We reserve the right to impose limitations for
security purposes at any time.
On a Visa Check Card you may be limited to 10
transactions or a maximum of $1,500.00 per day at
merchant locations.
On ATM and Visa Check Cards you may withdraw up to a
maximum of $100.00 (if there are sufficient funds in
your Account) per day.
LIMITS ON TRANSFERS FROM CERTAIN ACCOUNTS. Federal
regulation limits the number of telephonic transfers
and preauthorized electronic transfers to third
parties (including Point of Sale transactions) from
money market and savings type accounts. You are
limited to six such transfers from each money market
and/or savings type account(s) you have each month
for purposes of making a payment to a third party or
by use of a telephone.
NOTICE OF RIGHTS AND RESPONSIBILITIES
The use of any electronic fund transfer services
described in this document creates certain rights
and responsibilities regarding these services as
described below.
RIGHT TO RECEIVE DOCUMENTATION OF YOUR TRANSFERS
TRANSACTION RECEIPTS. Upon completing a transaction
at an ATM you will receive a printed receipt
documenting the transaction (unless you have chosen
not to get a paper receipt). These receipts (or the
transaction number given in place of the paper
receipt) should be retained to verify that a
transaction was performed. You will receive a
receipt at the time you perform any transaction
using your ATM Card or Visa Check Card at a
Participating Merchant.
PERIODIC STATEMENTS. If your account is subject to
receiving a monthly Statement, all EFT transactions
will be reported on it. If your account is subject
to receiving a statement less frequently than
monthly, then you will continue to receive your
statement on that cycle, unless there are EFT
transactions, in which case you will receive a
monthly statement.
PREAUTHORIZED DEPOSITS. If you have arranged to have
direct deposits made to your account at least once
every 60 days from the same person or company:
- the person or company making the deposit will tell
you every time they send us the money.
RIGHTS REGARDING PREAUTHORIZED TRANSFERS
RIGHTS AND PROCEDURES TO STOP PAYMENTS. If you have
instructed us to make regular preauthorized
transfers out of your account, you may stop any of
the payments. To stop a payment,
call us at:
telephone number listed below (8 AM to 5 PM)
or write to:
American Bank
(address listed below)
We must receive your call or written request at
least three (3) business days prior to the scheduled
payment. If you call, please have the following
information ready: your account number, the date the
transfer is to take place, to whom the transfer is
being made and the amount of the scheduled transfer.
If you call, we may require you to put your request
in writing and deliver it to us within fourteen (14)
days after you call.
NOTICE OF VARYING AMOUNTS. If you have arranged for
automatic periodic payments to be deducted from your
checking or savings account and these payments vary
in amount, you will be notified by the person or
company you are going to pay ten days prior to the
payment date of the amount to be deducted. You may
choose instead to get this notice only when the
payment would differ by more than a certain amount
from the previous payment, or when the amount would
fall outside certain limits that you set.
OUR LIABILITY FOR FAILURE TO STOP PREAUTHORIZED
TRANSFER PAYMENTS. If you order us to stop
one of the payments and have provided us with the
information we need within three (3) business days
prior to the scheduled transfer, and we do not stop
the transfer, we will be liable for your losses or
damages.
YOUR RESPONSIBILITY TO NOTIFY US OF LOSS OR THEFT
If you believe your ATM Card or Visa Check Card has
been lost or stolen or that someone has transferred
or may transfer money from your account without your
permission,
call us at:
Telephone number listed below (8 AM to 5 PM)
or write to:
American Bank
Address listed below
CONSUMER LIABILITY
You will tell us at once if you believe your ATM
Card or Visa Check Card has been lost or stolen.
Telephoning is the best way of keeping your possible
losses down. If you tell us within two (2) business
days, you can lose no more than fifty dollars ($50)
if someone uses your ATM Card or Visa Check Card
without your permission. If you do not tell us
within two (2) business days after you learn of the
loss or theft of your ATM Card or Visa Check Card
and we can prove we could have stopped someone from
using your ATM Card or Visa Check Card without your
permission if you had given us notice, you can lose
as much as five hundred dollars ($500). Also, if
your statement shows transfers you did not make,
tell us at once. If you do not tell us within sixty
(60) days after the statement was mailed to you, you
may not receive back any money you lost after the
sixty (60) days, and therefore, you could lose all
the money in your account (plus your maximum
overdraft line of credit, if applicable), if we can
prove that we could have stopped someone from taking
the money had you given us notice in time. If a good
reason (such as a long trip or hospital stay) keeps
you from giving the notice, we will extend the time
periods.
CONSUMER LIABILITY FOR UNAUTHORIZED TRANSACTIONS
INVOLVING
VISA CHECK CARD
The limitations on your liability for unauthorized
transactions described above generally apply to all
electronic fund transfers. However, different
limitations apply to certain transactions involving
your Visa Check Card with the Visa ™ logo. These
limits apply to unauthorized transactions processed
on the Visa ™ Network.
If you notify us about an unauthorized transaction
involving your Visa Check Card, and the unauthorized
transaction took place on the Visa ™ Network, zero
liability will be imposed on you for the
unauthorized transaction. We may increase the limit
of your liability for such unauthorized transactions
if we reasonably determine, based on substantial
evidence, that you were grossly negligent or
fraudulent in the handling of your account or your
Visa Check Card. The zero liability provisions do
not apply to PIN-based transactions not processed by
the Visa ™ Network, including ATM transactions.
Your liability for unauthorized transactions with
your Visa Check Card that involve PIN-based
transactions not processed by the Visa ™ Network,
including ATM transactions, are described under
"Consumer Liability" above.
ILLEGAL USE OF VISA CHECK CARD. You agree not to use
your Visa Check Card for any illegal transactions,
including internet gambling and similar activities.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
TRANSACTIONS
In case of errors or questions about your electronic
fund transfers,
call us at:
telephone number listed below (8 AM to 5 PM)
or write to:
American Bank
(Address listed below)
or use the current information on your most recent
account statement.
Notification should be made as soon as possible if
you think your statement or receipt is wrong or if
you need more information about a transaction listed
on the statement or receipt. You must contact the
Bank no later than 60 days after it sent you the
first statement on which the problem or error
appears. You must be prepared to provide the
following information:
- Your name and account number.
- A description of the error or
transaction you are unsure about along with
an explanation as to why you believe it is
an error or why you need more information.
- The dollar amount of the suspected
error.
If you provide oral notice, you may be required to
send in your complaint or question in writing within
ten (10) business days.
We will determine whether an error occurred within
ten (10) business days (twenty (20) business days
for new accounts) after we hear from you and will
correct any error promptly. If we need more time,
however, we may take up to forty-five (45) days
(ninety (90) days for new accounts and foreign
initiated or point of sale transfers) to investigate
your complaint or question. If we decide to do this,
we will credit your account within ten (10) business
days (twenty business (20) days for new accounts)
for the amount which you think is in error, so that
you will have the use of the money during the time
it takes to complete our investigation. If we ask
you to put your complaint or question in writing and
we do not receive it within ten (10) business days,
we may not credit your account. The extended time
periods for new accounts apply to all electronic
fund transfers that occur within the first thirty
(30) calendar days after the first deposit to the
account is made, including those for foreign
initiated or point of sale transactions. Visa's ™
cardholder protection policy requires that we
provide provisional credit for losses from
unauthorized Visa ™ Check Card use within five (5)
business days of notification of the loss.
We will tell you the results within three (3)
business days after completing our investigation. If
we decide that there was no error, we will send you
a written explanation.
You may ask for copies of the documents that we used
in our investigation.
LIABILITY FOR FAILURE TO COMPLETE TRANSACTION
If we do not complete a transfer to or from your
account on time or in the correct amount according
to our agreement with you, we will be liable for
your losses or damages as provided by law. However,
there are some exceptions. We will NOT be liable,
for instance:
· If through no fault of ours, you do not have
enough money in your account to make the transfer.
· If the transfer would result in your exceeding the
credit limit on your line of credit, if you have
one.
· If the electronic terminal was not working
properly and you knew about the breakdown before you
started the transfer.
· If circumstances beyond our control (such as fire
or flood, computer or machine breakdown, or failure
or interruption of communications facilities)
prevent the transfer, despite reasonable precautions
we have taken.
· If we have terminated our Agreement with you.
· When your ATM Card or Visa Check Card has been
reported lost or stolen or we have reason to believe
that something is wrong with a transaction.
· If we receive inaccurate or incomplete information
needed to complete a transaction.
· In the case of preauthorized transfers, we will
not be liable where there is a breakdown of the
system which would normally handle the transfer.
· If the funds in the account are subject to legal
action preventing a transfer to or from your
account.
· If the electronic terminal does not have enough
cash to complete the transaction.
There may be other exceptions provided by applicable
law.
CHARGES FOR TRANSFERS OR THE RIGHT TO MAKE
TRANSFERS
PERIODIC CHARGE. We may charge you a fixed monthly
or annual charge for the additional services
available to you through your ATM Card or Visa Check
Card or otherwise. See the applicable schedule of
fees to determine the amount of the charges.
SCHEDULE OF FEES. The schedule of fees referred to
above is being provided separately and is
incorporated into this document by reference.
Additional copies of the schedule may be obtained
from the Bank upon request.
PREAUTHORIZED TRANSACTIONS. There are no additional
charges for your use of preauthorized electronic
fund transfers except as stated in our fee schedule,
which is incorporated into this document by
reference.
DISCLOSURE OF ACCOUNT INFORMATION
We will disclose information to third parties about
your account or electronic fund transfers made to
your account:
1. Where necessary to complete a transfer or to
investigate and resolve errors involving the
2. transfer(s); or
3. In order to verify the existence and condition of
your account for a third party such as a credit
4. bureau or merchant; or
5. In order to comply with government agency or
court orders; or
6. With your consent.
DEFINITION OF BUSINESS DAY
Business days are Monday through Friday excluding
holidays.
AMENDING OR TERMINATING THE AGREEMENT
We may change this agreement from time to time. You
will be notified at least 21 days before a change
will take effect if it will cause you an increase in
costs or liability or it will limit your ability to
make electronic fund transfers. No notice will be
given if the change is necessary for security
reasons. We also have the right to terminate this
agreement at any time.
NOTICE OF ATM SAFETY PRECAUTIONS
SAFETY PRECAUTIONS FOR ATM TERMINAL USAGE. Please
keep in mind the following basic safety tips
whenever you use an ATM:
- Have your ATM Card or Visa Check Card ready
to use when you reach the ATM. Have all of your
forms ready before you get to the machine. Keep
some extra forms at home for this purpose.
- If you are new to ATM usage, use machines
close to or inside a financial institution until
you become comfortable and can conduct your
usage quickly.
- If using an ATM in an isolated area, take
someone else with you if possible. Have them
watch from the car as you conduct your
transaction.
- Do not use ATMs at night unless the area and
machine are well-lighted. If the lights are out,
go to a different location.
- If someone else is using the machine you
want to use, stand back or stay in your car
until the machine is free. Watch out for
suspicious people lurking around ATMs,
especially during the times that few people are
around.
- When using the machine, stand so you block
anyone else's view from behind.
- If anything suspicious occurs when you are
using a machine, cancel what you are doing and
leave immediately. If going to your car, lock
your doors.
- Do not stand at the ATM counting cash. Check
that you received the right amount later in a
secure place, and reconcile it to your receipt
then.
- Keep your receipts and verify transactions
on your account statement. Report errors
immediately.
- Do not leave receipts at an ATM location.
ADDITIONAL PROVISIONS
Your account is also governed by the terms and
conditions of other applicable agreements between
you and the Bank.
You agree not to reveal your PIN to any person
not authorized by you to access your account.
Livingston Branch:
PO Box 2290
Livingston, MT 59047-2290
406-222-2265
Bozeman West Branch:
PO Box 1970
Bozeman, MT 59971-1970
406-587-1234
Big Timber Branch:
PO Box 1066
Big Timber, MT 59011-1066
406-932-5265
Whitefish Branch:
PO Box 460
Whitefish, MT 59937-0460
406-862-1850
Big Sky Branch:
PO Box 161250
Big Sky, MT 59716-1250
406-995-7111
Bozeman East Branch:
PO Box 1970
Bozeman, MT 59971-1970
406-587-1234 |